36-9C-22. Denial, revocation, or suspension for misconduct.
The board may deny, revoke, or suspend any license or application for licensure to practice as a certified professional midwife or certified professional midwife student in this state, and may take such other disciplinary or corrective action as the board deems appropriate upon proof that the license holder or applicant has:
(1)Committed fraud, deceit, or misrepresentation in procuring or attempting to procure a license;
(2)Aided or abetted an unlicensed person to practice as a certified professional midwife;
(3)Engaged in practice as a certified professional midwife under a false or assumed name and failed to register that name pursuant to chapter 37-11, or impersonated a license holder of a like or different name;
(4)Committed an alcohol or drug related act or offense that interferes with the ability to practice midwifery safely;
(5)Negligently, willfully, or intentionally acted in a manner inconsistent with the health and safety of those entrusted to the license holder's care;
(6)Had authorization to practice as a certified professional midwife denied, revoked, or suspended or had other disciplinary action taken in another state;
(7)Practiced in this state as a certified professional midwife without a valid license;
(8)Engaged in the performance of certified professional midwifery beyond the scope of practice authorized by §36-9C-13;
(9)Violated any provision of this chapter or rule promulgated pursuant to this chapter;
(10)Been convicted of a felony. The conviction of a felony means a conviction of any offense which, if committed in this state, would constitute a felony under state law; or
(11)Engaged in substandard, unprofessional, or dishonorable conduct.
Source: SL 2017, ch 172, §22.
Structure South Dakota Codified Laws
Title 36 - Professions and Occupations
Chapter 09C - Certified Professional Midwives
Section 36-9C-1 - Definitions.
Section 36-9C-2 - License required to practice as certified professional midwife.
Section 36-9C-3 - Functions exempt from chapter.
Section 36-9C-4 - Qualifications for certified professional midwife.
Section 36-9C-5 - Practice controlled by Board of Certified Professional Midwives.
Section 36-9C-6 - Board of Certified Professional Midwives established.
Section 36-9C-7 - Members of board.
Section 36-9C-8 - Qualifications of board members--Initial appointments.
Section 36-9C-9 - Terms of office.
Section 36-9C-10 - Removal of member.
Section 36-9C-11 - Application for licensure--Issuance.
Section 36-9C-12 - Criminal background check.
Section 36-9C-13 - Practice in out-of-hospital setting.
Section 36-9C-14 - Actions excluded from practice of certified professional midwife.
Section 36-9C-15 - Duration of license--Renewal.
Section 36-9C-16 - Requirements for license renewal.
Section 36-9C-17 - Reinstatement of lapsed license.
Section 36-9C-18 - Inactive status.
Section 36-9C-20 - Midwife regulation fund.
Section 36-9C-21 - Initial minimum balance in midwife regulation account.
Section 36-9C-22 - Denial, revocation, or suspension for misconduct.
Section 36-9C-23 - Procedures for revocation or suspension.
Section 36-9C-24 - Examination of license holder or applicant by medical examiner.
Section 36-9C-26 - Reissuance of revoked or suspended license.
Section 36-9C-27 - Prohibited conduct--Violation as misdemeanor.
Section 36-9C-28 - Violation by single act.
Section 36-9C-29 - Injunction.
Section 36-9C-30 - Temporary injunction.
Section 36-9C-31 - Injunction as alternative to criminal proceedings.
Section 36-9C-32 - Promulgation of rules.
Section 36-9C-33 - Informed consent document.
Section 36-9C-34 - Limitation of liability.
Section 36-9C-35 - Newborn screenings.