Section 1345.70  Dishonorable, Unethical, or Unprofessional Conduct

The Division may suspend or revoke a license, refuse to issue or renew a license or take other disciplinary action based upon its findings of dishonorable, unethical, or unprofessional conduct pursuant to Section 100(a)(8) of the Act, which includes, but is not limited to, the following acts or practices:

a)         Engaging in conduct likely to deceive, defraud, or harm the public, or demonstrating a willful disregard for the health, welfare, or safety of a patient or patient's neonate.  Actual injury need not be established.

b)         A departure from or failure to conform to the standards of practice as set forth in the Act or this Part.  Actual injury to a patient or patient's neonate need not be established.

c)         Engaging in behavior that violates professional boundaries (such as signing wills or other documents not related to client health care).

d)         Engaging in sexual conduct with a patient or conduct that may reasonably be interpreted by a patient as sexual, or behavior that is sexually harassing to a patient, including any verbal behavior that is sexual harassing.

e)         Demonstrating actual or potential inability to practice with reasonable skill, safety, or judgment by reason of illness, use of alcohol, drugs, chemicals, or any other material or as a result of any mental or physical condition.

f)         Misrepresenting educational background, training, credentials, or competence.

g)         Committing any other act or omission that breaches the midwife's responsibility to a patient or patient's neonate according to accepted standards of practice.

h)         Making false or misleading statements in the annual report required under Section 90 of the Act.

i)          Failure to file an adverse occurrence report as required under Section 1345.65.

j)          Making false or misleading statements in an adverse occurrence report as required under Section 1345.65.

k)         Delegating tasks to a midwife assistant for which the midwife assistant has not been properly trained to provide.

l)          In a birth center setting, violation of any provision of the Birth Center Licensing Act [210 ILCS 170] or the rules promulgated thereunder (77 Ill. Adm. Code 264).

m)        Violation of any provision of Section 1345.80 (Patient Rights).