Oklahoma § 59-3040.4 - Promulgation of rules

§ 59-3040.4. Promulgation of rules

A. The State Commissioner of Health is hereby authorized to

promulgate rules, pursuant to the Administrative Procedures Act,

that the Commissioner deems necessary for the implementation and

enforcement of Shepherd's Law including, but not limited to:

1. Scope of practice;

2. A formulary of prescription drugs that a licensed midwife

may obtain, transport and administer when providing midwifery

services;

3. A list of routine tests and procedures for which informed

consent or refusal must be obtained;

4. Qualifications for licensure;

5. Renewals and reinstatements;

6. Fees;

7. Continuing education requirements;

8. Complaints;

9. Violations; and

10. Penalties.

In so doing, the Commissioner shall give utmost consideration to

the recommendations of the Advisory Committee on Midwifery as

created in Section 5 of this act.

B. The Commissioner shall have the power to, for good cause and

in accordance with the Administrative Procedures Act:

Oklahoma Statutes - Title 59. Professions and Occupations

1. Deny, revoke or suspend any license to practice midwifery;

2. Develop a schedule of fines and penalties not to exceed Five

Thousand Dollars ($5,000.00); and

3. Otherwise discipline a licensee.

C. As used in this section, good cause shall include, but not

be limited to:

1. Violation of Shepherd's Law; or

2. Denial, revocation or suspension of the midwife's

certification, assessment of a penalty or imposition of other

disciplinary action by the North American Registry of Midwives, the

American Midwifery Certification Board or a successor organization

approved by the Commissioner.

D. The Commissioner is hereby empowered to perform

investigations, require the production of records and other

documents relating to practices regulated by Shepherd's Law, and

seek injunctive relief.

Added by Laws 2020, c. 40, § 4, eff. Nov. 1, 2020.