2020 Colorado Revised Statutes
Title 12 - Professions And Occupations
Article 225. Direct-entry Midwives
Section 12-225-109. Disciplinary action authorized - grounds for discipline - injunctions rules.

(1) If a direct-entry midwife has violated any of the provisions of section 12-225-104, 12225-105, 12-225-106, or 12-225-112 (2), the director may take disciplinary or other action as authorized by section 12-20-404 or seek an injunction against a direct-entry midwife in accordance with section 12-20-406 to enjoin the direct-entry midwife from practicing midwifery or committing a violation specified in this subsection (1).

(2) (a) The director may assess a civil penalty in the form of a fine, not to exceed five thousand dollars, for violation of a rule or order of the director or any other act or omission prohibited by this article 225.

(b) The director shall adopt rules establishing a fine structure and the circumstances under which fines may be imposed.

(3) The director may take disciplinary action as authorized by section 12-20-404 (1)(a),

(1)(b), or (1)(d) for any of the following acts or omissions:

1. Any violation of section 12-225-104, 12-225-105, 12-225-106, or 12-225-112 (2) oran applicable provision of article 20 or 30 of this title 12;

2. Failing to provide any information required pursuant to, or to pay any fee assessed inaccordance with, section 12-225-104 or providing false, deceptive, or misleading information to the division that the direct-entry midwife knew or should reasonably have known was false, deceptive, or misleading;

3. Failing to respond in an honest, materially responsive, and timely manner to a letterof complaint from the director;

4. Failing to comply with an order of the director, including an order placing conditionsor restrictions on the registrant's practice;

5. Engaging in any act or omission that does not meet generally accepted standards ofsafe care for women and infants, whether or not actual injury to a client is established;

6. Abuse or habitual or excessive use of a habit-forming drug, a controlled substance asdefined in section 18-18-102 (5), or alcohol;

7. Procuring or attempting to procure a registration in this or any other state or jurisdiction by fraud, deceit, misrepresentation, misleading omission, or material misstatement of fact;

8. Having had a license or registration to practice direct-entry midwifery or any otherhealth care profession or occupation suspended or revoked in any jurisdiction;

9. Violating any law or regulation governing the practice of direct-entry midwifery inanother state or jurisdiction. A plea of nolo contendere or its equivalent accepted by any state agency of another state or jurisdiction may be considered to be the same as a finding of violation for purposes of a proceeding under this article 225.

10. Falsifying, failing to make essential entries in, or in a negligent manner making incorrect entries in client records;

11. Conviction of a felony or acceptance by a court of a plea of guilty or nolo contendereto a felony. A certified copy of the judgment of a court of competent jurisdiction of a conviction or plea shall be prima facie evidence of the conviction.

12. Aiding or knowingly permitting any person to violate any provision of this article 225 or an applicable provision of article 20 or 30 of this title 12;

13. Advertising through newspapers, magazines, circulars, direct mail, directories, radio, television, website, e-mail, text message, or otherwise that the registrant will perform any act prohibited by this article 225; or

14. (I) Failing to notify the director, as required by section 12-30-108 (1), of a physicalillness, physical condition, or behavioral, mental health, or substance use disorder that renders the registrant unable, or limits the registrant's ability, to practice direct-entry midwifery with reasonable skill and safety to the client;

2. Failing to act within the limitations created by a physical illness, physical condition,or behavioral, mental health, or substance use disorder that renders the registrant unable to practice direct-entry midwifery with reasonable skill and safety or that may endanger the health or safety of persons under the registrant's care; or

3. Failing to comply with the limitations agreed to under a confidential agreemententered pursuant to sections 12-30-108 and 12-225-111.

4. Any proceeding to deny, suspend, or revoke a registration or place a registrant onprobation shall be conducted pursuant to sections 12-20-403, 24-4-104, and 24-4-105. Section 12-20-408 governs judicial review of any final decision of the director.

5. The director may accept as prima facie evidence of grounds for disciplinary actionany disciplinary action taken against a registrant by another jurisdiction if the violation that prompted the disciplinary action would be grounds for disciplinary action under this article 225.

6. The person providing copies of records subpoenaed pursuant to section 12-20-403 (2) shall prepare the copies from the original record and shall delete the name of the patient or client, to be retained by the custodian of the records from which the copies were made, but shall identify the patient or client by a numbered code. Upon certification by the custodian that the copies are true and complete except for the patient's or client's name, the copies shall be deemed authentic, subject to the right to inspect the originals for the limited purpose of ascertaining the accuracy of the copies. No privilege of confidentiality exists with respect to the copies and no liability lies against the director or the custodian or the director's or custodian's authorized employees for furnishing or using the copies in accordance with this section.

7. The director may issue and send a letter of admonition to a registrant under the circumstances specified in and in accordance with section 12-20-404 (4).

8. The director may send a confidential letter of concern to a registrant under the circumstances specified in section 12-20-404 (5).

9. The director may issue cease-and-desist orders under the circumstances and in accordance with the procedures specified in section 12-20-405.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1140, § 1, effective October 1.

Editor's note: This section is similar to former § 12-37-107 as it existed prior to 2019.