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Publications

Information about midwife-related complaints is confidential unless sent to a formal disciplinary hearing. Under the Health Professions Act (HPA), the Registrar:

  • Must release certain information when a midwife’s practice permit is 1) revoked, 2) suspended, or 3) restricted with conditions.
  • Must publish any decision made by a hearing tribunal, council or court of unprofessional conduct based in whole or in part on sexual abuse or sexual misconduct.
  • Can publish or distribute information about any discipline hearing not held in private to ensure transparency and accountability to the public.


The CMA publishes a brief description of resolutions regarding complaints of unprofessional conduct by midwives. This may include a variety of formats as well as the sanctions ordered by a Hearing Tribunal. Publication is not intended to provide comprehensive information but rather to provide the opportunity for learning and understanding by both members and the public. 
For more information contact the CMA office.


Alternate Resolutions

Agreements and Undertakings

Publications ordered by Hearing Tribunals

Publication #1
Summary

The Registrant faced two allegations of unskilled practice and professional misconduct under the Health Disciplines Act (“The Act”): 

  1. Failing to adequately determine the status of the Complainant’s membranes (rupture), in light of a positive Group B Strep finding, and despite the risk associated with being Group B Strep positive and the need to start antibiotics in an appropriate timeframe; and 
  1. Failing to provide sufficient emotional support to the Complainant during the course of Labour (Failing to communicate encouragement, telling the Complainant not to make coping noises during contractions, failing to have appropriate discussions regarding pain relief options, failing to be sufficiently present and supportive during labour).

The resulting Hearing proceeded by way of an Agreed Statement of Facts. The Registered Member acknowledged the alleged conduct prior to the Hearing. 

The Hearing Panel made the following findings: 

  1. The Registrant failed to meet the Standards when she did not complete the ferning test on the Complainant and as a result did not provide adequate assessment of the status of the Complainant’s membranes;
  2. The Standards require registered midwives to have knowledge of comfort and support measures during labour and birth and to provide emotional and physical support to the labouring woman. The Registrant failed to meet these Standards when she did not provide adequate emotional support to the Complainant; 
  3. Both allegations against the Registrant had been proven on a balance of probabilities and the conduct constituted unskilled practice and professional misconduct. 


The College and the Registrant made joint submissions on Sanction.
 

The following sanctions were ordered by the Hearing Panel:

  1. A Reprimand to be placed on the College Register, to remain for 1 year from the date of the Order approving the Sanction. (This information to be available to any jurisdiction that the Registrant applied for registration as a midwife).
  2. Within six (6) months from the date of the Order approving the Sanction, the Registrant shall, at their own cost, complete an approved course on emotional labour support at their own cost and provide proof of successful completion to the Registrar.
  3. Within six (6) months of completing the course above, the Registrant will prepare a minimum 1500 word reflective paper on how their support of clients during labour and management of care has changed since their care of the Complainant (to be submitted to the Registrar). 
  4. Within six (6) months from the date of the Order approving the Sanction, the Registrant shall undertake and prepare a (minimum) 1000 word, properly referenced, research paper regarding the determination of the status of membranes, assessment of possible rupture of membranes and evidence based practice for care providers to be submitted to the Registrar.
  5. Within six (6) months from the date of the Order approving the Sanction, the Registrant shall prepare a document outlining the informed decision making process for a client around pain management options in labour referencing (three (3) pharmacological options and seven (7) non-pharmacological modalities to be submitted for approval by the Registrar.
  6. The Registrant will pay costs of the hearing including attendance and preparation thereof in the amount of $1000.
  7. Publication of a summary of the Complaint, the Hearing Panel findings and Sanctions.