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RULE §115.70Standards of Conduct

The following are grounds for denial of application for licensure or license renewal and for disciplinary action.

  (1) The commission or executive director may deny an application for initial licensure or license renewal and may take disciplinary action against any person based upon proof of the following:

    (A) violation of the Act or rules adopted under the Act;

    (B) submission of false or misleading information to the department;

    (C) intemperate use of alcohol or drugs while engaged in the practice of midwifery;

    (D) unprofessional or dishonorable conduct that may reasonably be determined to deceive or defraud the public;

    (E) inability to practice midwifery with reasonable skill and safety because of illness, disability, or psychological impairment;

    (F) judgment by a court of competent jurisdiction that the individual is mentally impaired;

    (G) disciplinary action taken by another jurisdiction affecting the applicant's legal authority to practice midwifery;

    (H) submission of a birth or death certificate known by the individual to be false or fraudulent, or other noncompliance with Health and Safety Code, Chapter 191, or 25 Texas Administrative Code (TAC), Chapter 181 (relating to Vital Statistics);

    (I) noncompliance with Health and Safety Code, Chapter 244, or 25 TAC, Chapter 137 (relating to Birthing Centers);

    (J) failure to practice midwifery in a manner consistent with the public health and safety;

    (K) failure to submit midwifery records in connection with the investigation of a complaint;

    (L) a lack of personal or professional character in the practice of midwifery;

    (M) failure to use generally accepted standards of midwifery care;

    (N) failure to exercise ordinary diligence in the provision of midwifery care;

    (O) failure to act competently in the provision of midwifery care; or

    (P) a material misrepresentation knowingly made to the department on any matter or to a client during the provision of midwifery care.

  (2) The department may refuse to renew the license of a person who fails to pay an administrative penalty imposed under the Act, unless enforcement of the penalty is stayed or a court has ordered that the administrative penalty is not owed.

  (3) The commission or executive director may revoke course approval if:

    (A) the course no longer meets one or more of the standards established by this subsection;

    (B) the course supervisor, instructor(s), or preceptor(s) do not have the qualifications required by this subsection;

    (C) course approval was obtained by fraud or deceit;

    (D) the course supervisor falsified course registration, attendance, completion and/or other records; or

    (E) continued approval of the course is not in the public interest.

Source Note: The provisions of this §115.70 adopted to be effective October 1, 2016, 41 TexReg 4477; amended to be effective May 1, 2019, 44 TexReg 1849; amended to be effective August 1, 2020, 45 TexReg 5184

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