21 NCAC 33 .0105. DUE PROCESS

(a)  The privilege to practice midwifery may be denied, revoked, or suspended for the reasons set forth in G.S. 90-178.6.  The applicant aggrieved by a decision of the Committee shall be entitled to a hearing pursuant to the provisions of G.S. 150B, Article 3A.

(b)  Complaints.

(1)           A complaint regarding a violation of the Midwifery Practice Act or Rules shall be submitted in writing and document:

(A)          the name of the certified nurse-midwife or other person involved;

(B)          a description of the alleged behavior or incident; and

(C)          the name, mailing address and phone number of the person filing the complaint;

(2)           The complaint shall be delivered to the Committee administrative office by mail, private carrier or in person.  Complaints transmitted by facsimile or electronic mail shall be accepted.

(c)  Action on a Complaint.  Action on a complaint consists of the following:

(1)           The Committee shall receive and acknowledge complaints, open a file and initiate complaint tracking;

(2)           Complaints shall be screened to determine jurisdiction and the type of response appropriate for the complaint;

(3)           Investigation:

(A)          If the facts clearly indicate a Midwifery Practice Act violation, the Committee shall commence an investigation; and 

(B)          A report of each investigation shall be prepared for the Committee's review;

(4)           Formal and Informal Hearings:

(A)          The Committee, after review of an investigative file, may schedule an informal meeting.

(B)          If the matter cannot be resolved informally, then a formal hearing shall be held.

(C)          No Committee member shall participate in more than one of the following steps in the enforcement process:

(i)            investigation;

(ii)           informal hearing; or

(iii)          formal hearing; and

(D)          Members of the Committee shall not make ex-parte communication with parties to a hearing.

(5)           Final Orders: As soon as possible, but at least within 60 days of a hearing, the Committee shall issue its final decision in writing specifying the date on which it shall take effect.  The Committee shall serve one copy of the decision on each party to the hearing.

(6)           Compliance: The Committee Chair shall cause a follow-up inquiry to determine that the orders of the Committee are being obeyed.

(d)  Formal Hearing.  Formal hearings shall be conducted in accordance with G.S. 150B.

(e)  Disciplinary Sanctions.

(1)           The following types of disciplinary sanctions may, among others, be utilized by the Committee:

(A)          Letter of Reprimand;

(B)          Probation;

(C)          Suspension of approval;

(D)          Nonrenewal of Approval;

(E)           Revocation of approval; and

(G)          Injunction.

(2)           The Committee may request information from professional associations, professional review organizations (PROs), hospitals, clinics or other institutions in which a certified nurse-midwife performs professional services, or possible chemical abuse, or incompetent or unethical behavior.

(3)           The Committee shall provide notice of sanction taken by it to other public entities as necessary to ensure that other state Boards and enforcement authorities receive the names of applicants disciplined.

 

History Note:        Authority G.S. 90-178.6;

Eff. February 1, 1985;

Amended Eff. August 1, 2002; October 1, 1988.