Each of the following acts constitutes a felony of the third degree1:
- Practicing midwifery, unless holding an active license to do so.
- Using or attempting to use a license which has been suspended or revoked.
- The willful practice of midwifery by a student midwife without a preceptor present, except in an emergency.
- Knowingly allowing a student midwife to practice midwifery without a preceptor present, except in an emergency.
- Obtaining or attempting to obtain a license under this chapter through bribery or fraudulent misrepresentation.
- Using the name or title “midwife” or “licensed midwife” or any other name or title which implies that a person is licensed to practice midwifery, unless such person is duly licensed as provided in this chapter.
- Knowingly concealing information relating to the enforcement
The following acts constitute grounds for denial of a license or disciplinary action1:
- Procuring, attempting to procure, or renewing a license to practice midwifery by bribery, by fraudulent misrepresentation, or through an error of the department.
- Having a license to practice midwifery revoked, suspended, or otherwise acted against, including being denied licensure, by the licensing authority of another state, territory, or country.
- Being convicted or found guilty, regardless of adjudication, in any jurisdiction of a crime which directly relates to the practice of midwifery or to the ability to practice midwifery.
- Advertising falsely, misleadingly, or deceptively.
- Engaging in unprofessional conduct
- Being unable to practice midwifery with reasonable skill and safety to patients by reason of illness; drunkenness; or use of drugs, narcotics, chemicals, or other materials or because of any mental or physical condition.
- Failing to report to the department any person whom the licensee knows is in violation of this chapter or of the rules of the department.
The department may enter an order denying licensure or imposing any of the penalties for licensure or licensee who is found guilty.
A health care provider shall not refer a patient to an entity in which the provider is an investor unless, prior to the referral, the provider furnishes the patient with a written disclosure form, informing the patient of3:
- The existence of the investment interest.
- The name and address of each applicable entity in which the referring health care provider is an investor.
- The patient’s right to obtain the items or services for which the patient has been referred at the location or from the provider or supplier of the patient’s choice, including the entity in which the referring provider is an investor.
- The names and addresses of at least two alternative sources of such items or services available to the patient.
The health care provider must post a copy of the disclosure forms in a conspicuous public place in his or her office. A violation of this section shall constitute a misdemeanor of the first degree.3
A health care provider may not refer a patient for the provision of designated health services to an entity in which the health care provider is an investor or has an investment interest. There are exceptions that should be closely evaluated before a provider makes such a referral.3
Kickbacks are prohibited. Kickback means a remuneration or payment, by or on behalf of a provider of health care services or items, to any person as an incentive or inducement to refer patients for past or future services or items, when the payment is not tax deductible as an ordinary and necessary expense. Violations are considered patient brokering and is punishable.3
456.0575 Duty to notify patients.—3
(1) Every licensed health care practitioner shall inform each patient, or an individual identified… in person about adverse incidents that result in serious harm to the patient. Notification of outcomes of care that result in harm to the patient under this section does not constitute an acknowledgment of admission of liability, nor can such notifications be introduced as evidence.
(2) Upon request by a patient, before providing nonemergency medical services in a facility licensed… a health care practitioner shall provide, in writing or by electronic means, a good faith estimate of reasonably anticipated charges to treat the patient’s condition at the facility. The health care practitioner shall provide the estimate to the patient within 7 business days after receiving the request and is not required to adjust the estimate for any potential insurance coverage. The health care practitioner shall inform the patient that the patient may contact his or her health insurer or health maintenance organization for additional information concerning cost-sharing responsibilities. The health care practitioner shall provide information to uninsured patients and insured patients for whom the practitioner is not a network provider or preferred provider which discloses the practitioner’s financial assistance policy, including the application process, payment plans, discounts, or other available assistance, and the practitioner’s charity care policy and collection procedures. Such estimate does not preclude the actual charges from exceeding the estimate. Failure to provide the estimate in accordance with this subsection, without good cause, shall result in disciplinary action against the health care practitioner and a daily fine of $500 until the estimate is provided to the patient. The total fine may not exceed $5,000.
456.061 Practitioner disclosure of confidential information; immunity from civil or criminal liability.—3
(1) A practitioner regulated through the Division of Medical Quality Assurance of the department shall not be civilly or criminally liable for the disclosure of otherwise confidential information to a sexual partner or a needle-sharing partner under the following circumstances:
(a) If a patient of the practitioner who has tested positive for human immunodeficiency virus discloses to the practitioner the identity of a sexual partner or a needle-sharing partner;
(b) The practitioner recommends the patient notify the sexual partner or the needle-sharing partner of the positive test and refrain from engaging in sexual or drug activity in a manner likely to transmit the virus and the patient refuses, and the practitioner informs the patient of his or her intent to inform the sexual partner or needle-sharing partner; and
(c) If pursuant to a perceived civil duty or the ethical guidelines of the profession, the practitioner reasonably and in good faith advises the sexual partner or the needle-sharing partner of the patient of the positive test and facts concerning the transmission of the virus.
Sexual misconduct in the practice of a health care profession is prohibited.3
Health care fraud in the practice of a health care profession is prohibited.3