A. Effective July 1, 2021, any person who holds himself or herself out to be, represents himself or herself to be or uses the title of Certified Professional Midwife or Certified Midwife, without holding a license issued by the State Commissioner of Health, or who is in violation of any provision of Shepherd's Law shall be subject to an administrative fine for each day found to be in violation. The amount of any fine shall be determined by the Commissioner within limits set by the Commissioner pursuant to rules adopted and promulgated by the Commissioner and may be in addition to any other penalty provided by the Commissioner or otherwise provided by law.
B. The Advisory Committee on Midwifery may cause to be investigated all reported violations of Shepherd's Law. Information obtained during investigations of possible violations of Shepherd's Law shall be kept confidential but may be introduced by the State Department of Health in proceedings before the Committee, whereupon the information admitted shall become public record. Public records maintained by the Department shall be administrative records, not civil or criminal records.
C. Confidential investigative records shall not be subject to discovery or subpoena in any civil or criminal proceeding; provided, however, the Committee may give such information to law enforcement and other state agencies as necessary and appropriate in the discharge of the duties of that agency and only under circumstances that ensure against unauthorized access to the confidential investigative records.
Added by Laws 2020, c. 40, § 9, eff. Nov. 1, 2020. Amended by Laws 2021, c. 411, § 2, eff. Nov. 1, 2021.