“Tom Salow, ADHS’s acting Assistant Director of Licensing testified that ADHS has been aware of this potential conflict in its rules for years but has taken no action to rectify it, nor has it offered midwives a course of action that would satisfy both the duty to transfer care and the duty not to abandon a patient.”

Excerpt from Administrative Law Judge Decision, written by her Honor, Judge D.M. Lang http://goo.gl/7x3TVS

 

“It is hard to understand how a violation…warrants a year suspension when ADHS knows its own rules and lack of guidance have put the midwife in this position…Considering that ADHS has known about the potential problem posed by the rules for years and yet has failed to arrive a t a solution itself, it is unrealistic to expect midwives to hit on the perfect balance of safety and duty when suddenly placed in an awkward position…”

 

“…an internal inconsistency in the laws and rules, combined with ADHS’ failure to provide guidance that ensures no mother and child will be abandoned without professional care, makes it impossible for midwives to follow the rule….if ADHS cannot think of an answer to the dilemma, it hardly seems appropriate to discipline others for having the same number of answers: none."

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