In addition to any other acts or conditions provided by law, the director may refuse to grant, renew, reinstate, or restore, or may deny, revoke, suspend, or condition in any manner, any license for any one or more of the following acts or conditions on the part of the licensee or the applicant thereof:

(1) Failing to meet or maintain the conditions and requirements necessary to qualify for the granting of a license;

Terms Used In Hawaii Revised Statutes 457J-12

  • Certified midwife: means a person who holds a current and valid national certification as a certified midwife from the American Midwifery Certification Board, or any successor organization. See Hawaii Revised Statutes 457J-2
  • Certified professional midwife: means a person who holds a current and valid national certification as a certified professional midwife from the North American Registry of Midwives, or any successor organization. See Hawaii Revised Statutes 457J-2
  • Conviction: A judgement of guilt against a criminal defendant.
  • Department: means the department of commerce and consumer affairs. See Hawaii Revised Statutes 457J-2
  • Dependent: A person dependent for support upon another.
  • Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 457J-2
  • Fraud: Intentional deception resulting in injury to another.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Midwife: means a person licensed under this chapter. See Hawaii Revised Statutes 457J-2
  • Midwifery: means the provision of one or more of the following services:

    (1) Assessment, monitoring, and care during pregnancy, labor, childbirth, postpartum and interconception periods, and for newborns, including ordering and interpreting screenings and diagnostic tests, and carrying out appropriate emergency measures when necessary;

    (2) Supervising the conduct of labor and childbirth; and

    (3) Provision of advice and information regarding the progress of childbirth and care for newborns and infants. See Hawaii Revised Statutes 457J-2

  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
(2) Failing to notify the department in writing that the licensee’s certification as a certified professional midwife or as a certified midwife is no longer current or unencumbered within thirty days of the change in status;
(3) Engaging in false, fraudulent, or deceptive advertising, or making untruthful or improbable statements;
(4) Being addicted to, dependent on, or a habitual user of a narcotic, barbiturate, amphetamine, hallucinogen, opium, or cocaine, or other drugs or derivatives of a similar nature;
(5) Practicing as a licensed midwife while impaired by alcohol, drugs, physical disability, or mental instability;
(6) Procuring a license through fraud, misrepresentation, or deceit;
(7) Aiding and abetting an unlicensed person to directly or indirectly perform activities requiring a license;
(8) Engaging in professional misconduct as defined by the program in accordance with its own rules, incompetence, gross negligence, or manifest incapacity in the practice of midwifery;
(9) Failing to maintain a record or history of competency, trustworthiness, fair dealing, and financial integrity;
(10) Engaging in conduct or practice contrary to recognized standards of ethics for the practice of midwifery;
(11) Violating any condition or limitation upon which a conditional license was issued;
(12) Engaging in business under a past or present license issued pursuant to this chapter, in a manner causing injury to one or more members of the public;
(13) Failing to comply, observe, or adhere to any law in a manner such that the director deems the applicant or licensee to be an unfit or improper person to hold a license;
(14) Having a revocation, suspension, or other disciplinary action by a territory, or by another state or federal agency against a licensee or applicant for any reason provided by the licensing laws or this section;
(15) Having a criminal conviction, whether by nolo contendere or otherwise, of a penal crime directly related to the qualifications, functions, or duties of a licensed midwife;
(16) Failing to report in writing to the director any disciplinary decision issued against the licensee or the applicant in another jurisdiction within thirty days of the disciplinary decision;
(17) Employing, utilizing, or attempting to employ or utilize at any time any person not licensed under this chapter where licensure is required;
(18) Violating this chapter, any other applicable licensing laws, or any rule or order of the director; or
(19) Using or removing without authorization controlled substances or drugs, including diverting or attempting to divert drugs or controlled substances for unauthorized use.

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