36-756

36-756. Grounds for denial of license and
disciplinary action; hearing; appeal; civil penalties;
injunctions

A. The director may deny, suspend or revoke the license of any midwife who:

1. Violates any provision of this article or the rules adopted under this article.

2. Has been convicted of a felony or a misdemeanor involving moral turpitude.

3. Indulges in conduct or a practice detrimental to the health or safety of the
mother and child.

B. The department may deny a license without holding a hearing. An applicant may
appeal this decision pursuant to title 41, chapter 6, article 10.

C. The department shall conduct any hearing to suspend or revoke a license in
accordance with the procedures established pursuant to title 41, chapter 6, article
10. If the director determines at the conclusion of a hearing that grounds exist to
suspend or revoke a license, he may do so permanently or for any period of time he deems
appropriate and under any conditions that he deems appropriate. An applicant for
licensure or a licensee may appeal the final decision of the director.

D. In addition to other disciplinary action, the director may assess a civil
penalty of not more than one hundred dollars for each violation of this article or a rule
adopted pursuant to this article as determined by a hearing held pursuant to this
section. Each day that a violation continues constitutes a separate offense. The
attorney general or the county attorney may bring an action in the name of this state to
enforce a civil penalty. The action shall be filed in the superior court or in justice
court in the county where the violation occurred.

E. In addition to other available remedies, the director may apply to the superior
court for an injunction to restrain a person from violating a provision of this article
or a rule adopted pursuant to this article. The court shall grant a temporary
restraining order, a preliminary injunction or a permanent injunction without bond. The
defendant may be served in any county of this state. The action shall be brought on
behalf of the director by the attorney general or the county attorney of the county in
which the violation is occurring.