A. The State Commissioner of Health is hereby authorized to promulgate rules, pursuant to the Administrative Procedures Act, that the Commissioner deems necessary for the implementation and enforcement of Shepherd's Law including, but not limited to:
1. Scope of practice;
2. A formulary of prescription drugs that a licensed midwife may obtain, transport and administer when providing midwifery services;
3. A list of routine tests and procedures for which informed consent or refusal must be obtained;
4. Qualifications for licensure;
5. Renewals and reinstatements;
6. Fees;
7. Continuing education requirements;
8. Complaints;
9. Violations; and
10. Penalties.
In so doing, the Commissioner shall give utmost consideration to the recommendations of the Advisory Committee on Midwifery as created in Section 5 of this act.
B. The Commissioner shall have the power to, for good cause and in accordance with the Administrative Procedures Act:
1. Deny, revoke or suspend any license to practice midwifery;
2. Develop a schedule of fines and penalties not to exceed Five Thousand Dollars ($5,000.00); and
3. Otherwise discipline a licensee.
C. As used in this section, good cause shall include, but not be limited to:
1. Violation of Shepherd's Law; or
2. Denial, revocation or suspension of the midwife's certification, assessment of a penalty or imposition of other disciplinary action by the North American Registry of Midwives, the American Midwifery Certification Board or a successor organization approved by the Commissioner.
D. The Commissioner is hereby empowered to perform investigations, require the production of records and other documents relating to practices regulated by Shepherd's Law, and seek injunctive relief.
Added by Laws 2020, c. 40, § 4, eff. Nov. 1, 2020.