NEW YQRK STATE EDUCATION DEPARTMENT OFFICE OF PROFESSIONAL STATE BOARD FOR MIDWIFERY IN THE MATTER of the Disciplinary Proceeding FCR CONSENT QRBER against CAL. NO. 29734 EILEEN SEEWART a/k/a EILEEN S. CRT who is currently licensed to practice as a midwife in the State of New York. EILEEN STEWART a/k/a EILEEN S. CRT states: That on or about May 9, 1995, I was issued license number 000367 by the New York State Education Department to practice as a midwife in the State of New York. :0 That I am currently regi.tered ta practice as a midwife in the State of New York from an at- Buffalo, New York 14222. i That, 1 have been charged. with four epecifications of professional misconduct, a cepy of which ie annexed hereto, made a part hereof, and marked as Exhibit I do not conteet the aforesaid four apecificationa of miecendeet, charging me with practicing the of midwifery with groes eegiigeaoe {delegating duties to an unqualified pereen}; and te erform an adequate of at patieat?e ability 1x3 birth 53 baby ill breech EILEEN STEWART a/k/a EILEEN S. ORT position; failing to appropriately administer antibiotics to a patient; permitting a pregnant patient to vaginally deliver a baby in breech position at Respondent?s home); negligence on more than one occasion (failing to document a patient?s Vitals and failing to appropriately monitor the fetal heart rate of a patient?s baby); and practicing the profession of midwifery with moral nnfitness (providing' a false statements to the New York, State Education Department}. I hereby agree to the penalty that my license to practice as a midwife in the State of New York be suspended for three (3) years; with leave to apply for a stay of execution of any unserved portion of said suspension upon completion of 30 months of said suspension and upon written proof of my successful completion of a course of re?education in the practice of midwifery at the Midwifery Institute at Jefferson, Philadelphia, said re- education to have the prior approval of a member of the New York State Midwifery Board, and said proof of compietion.to be submitted to the Director, Office of Professional Disciplineg new York State Education Department, 1411 Broadway li?h Floor, New York, New York 13018w3496. In the event that said Director is satisfied that i have successfully completed the aforementioned remeducation program, said Director shall notify me of the stay of execution of any onserved portion {n3 said suspension rni the effective date {11 thereof. EILEEN STEWART a/k/a EILEER S. ORT That, i be placed on probation for a period of two (2) years, said probation to commence if and when I return to practice as a midwife in the State of New York, under the terms set forth in the exhibit annexed hereto, made a part hereof, and marked as Exhibit I torther agree to inform the Director, Office of Professional Diecipiine, of my return to the practice of midwifery in the State of New York, by certified mail, return receipt requested, addreaeed to said Director, Office of Professional Discipline, New York State Education Department, 1411 Broadway lO?itloor, New York, New York 10018?3496, at least seven (7) days before my return to the practice of midwifery in the State of New York. I hereby make this application to the Board of Regente and request that it be granted. i understand that in the event the application is denied by the Board of Regents, nothing contained herein shall be binding upon me or construed to be an admiesion of any act of misconduct alleged or charged against me. Such application ehail not he need against me in any way and shall be kept in strict confidence during the disciplinary'?proceeding, and. such denial, by the Board <3f Regents shall be without prejudice to the continuance of the diacipiinary proceeding and the final determination by the Board of Regents pursuant to the provisions of the Education Law. the event the Board of Regents grante my EM.) .. I agree that EILEEN STEWART a/k/a EILEEN 3. GET application, as set forth herein, an Order may be issued in accordance with the same. I understand that if and when the Board of Regents grants this application, the entire application shall become a matter of public record. No promises of any kind were made to me. I am making this application of my own free will and accord and not under duress, compulsion or restraint of any kind or manner. EXHZBET STEWART a/k/a EILEEN 3. GET FIRST SPECIFICATION OF PROFESSIONAL MISCONDUCT Respondent is charged with practicing the of midwifery with gross negligence, within the purview and meaning of New York Education Law section 6509(2), in that: Respondent, on or about and between May 13, 2013 and June 18, 2013, was working as a midwife at Buffalo Midwifery Services, PLLC, Buffalo, New York, which she owns and operates} Respondent allowed, an employee of her practice who was licensed as a licensed practical nurse but not iicehsed as a midwife, to independently care for and/or treat and/or deiiver the baby of eatieht a twentymeeveh (27} year old pregnant female. SECOND SPECIFICATION OF PROFESSIOHAL MISCONDUCT Respondent is charged with practicing the profeseion of midwifery with gross negligence, within the purview and meaning of New York Education Law section 6509(2), in that: Reepondeht, on or about and, between. March. 14, 2014 and Rovember 28, 2014, while working as a Ieidwife at Buffalo Midwifery Services, Buffalo, ?ew York, provided care to patient a thirty?five (35) year old female who had tested positive for Group Strep infection and was pregnant with her first child. Patient baby presented in the Frank breech position from 30.4 weeks gestation until delivery. Respondent practiced the profession of midwifery with gross negligence in that: 1. Respondent, on or about and between October 6, 2014 and November 28, 2014, failed.to perfore_a full and/or adequate assessment of patient ability to vaginally deliver her baby, who presented in a Frank breech position. 2. Respondent, on or about and between November 27, 2014 and November 28, 2014, failed to provide patient M.C. with Penicillin Potassium IV within eighteen (18) hours of patient membranes rupturing. 3. Respondent, on or about and between November 27, 2014 and November 28, 2014, allowed patient M.C. to labor and attempt delivery! of ner? baby' at Respondent?s home, which also serves as Respondent?s office and practice. THERE SPECIFICATION OF PROFESSIONAL MISCONDUCT Respondent is charged with practieing? tne profession of midwifery witn neeligenee on more than one occasion, within the pnreiew and meaning of New York Education Law section 650952), in that: Respondent, (M1 or about e?ui between Jane :17, 2016 and August 11, 2016, while working as a midwife at Buffalo Midwifery Services, PLLC, Buffaio, New York; provided care to patient M.D., a thirty~oee {31) year old female who was pregnant with her first child. Patient M.D., who was at 41.5 days gestation and experiencing of labor, observed her membranes ruptured at approximately 17:00 on August 10, 2016. Respondent provided care to patient M.D. at the patient?s home from approximately 21:15:00 on August 10, 2016 to approximately 01:00:00 on .Aagust 11, 2016. Respoedent practiced the profession of midwifery with negligence on more than one occasion during that time, ie that: 1. Respondent failed to document patient Vital signs from approximateiy 21:15:00 on August 10, 2016 to approximately 01:00:00 on August 11, 2016. 2. Reapondent, between approximateiy 21:15:00 and approximately 22:45:56 on August 10, 2016, failed to monitor the fetal heart rate of patient baby every thirty (30) minutes. FOURTH SPECIFICATION OF PROFESSIONAL MISCONDUCT Respondent is charged with conduct and engaging in conduct in the practice of the profession which evidences moral eafiteess to practice the profession, within the purview and meaning of New York Education Law section 6509(9), in specific violation of 8 section in that: Respondent, on or about June 18, 2018, was employed as a midwife at Buffalo Midwifery Services, PLLC, Buffalo, New York, whioh she owns and operates. On June 18, Respondent signed a statement that was submitted to the Office of Professional Discipline in response to its request for information. Respondent knew the statement contained false information, in that in the statement Respondent asserted that she ?immediately told [patient to get out of the hot tub and did not allow her to enter the hot tub again for the duration of her labor.? EXHIBIT TERMS OF PROBATION EILEEN a/k/a EILEEN S. CRT CALENDAR NUMBER 29?34 That Respondent, during the period of probation, shall be in compliance with the standards of conduct prescribed by the law governing Respondent?s profession; That Respondent shall submit written notification to the New York: State Education, Department, addressed in} the Director, Office of Professional, Eiscipline, new "York: State Education Department, 1411 Broadway - lO??Floor, New York, New York 10018? 3496, of any employment and/or practice, Respondent's residence, telephone number, or smiling address, and any change in Respondent?s employment, practice, residence, telephone number, or mailing address within or without the State of New York; That Respondent, during the period of rmobation, shall not participate in any way in labor and delivery in a home setting; That Respondent shall submit written proof from the Division of Professional Licensing Services New York State Education Department (NYSED), that Respondent has paid all registration fees due and owing to the NYSED and Respondent shall cooperate with and submit whatever papers are requested by DPLS in regard to said registration fees, said proof from DPLS to be submitted by Respondent to the NYSED, addressed to the Director, Office of Professional Discipline, as aforesaid, no later than the first three (3) months of the period of probation; That Respondent snail submit written proof to the NYSEE, addressed to the Director, Office of Professional oiscipiine, as aforesaid, that 1) Respondent is currently registered with the NYSED, unless Respondent submits written proot that Respondent has advised, DPLS, NYSED, that Respondent is not engaging in the practice of Respondent's profession in the State of New 'York. and does not desire to register, and that 2% Respondent has paid anv fines which say have previouslv been imposed upon Re espono oent oy the Board or Regents, said proor or the above to be suomi ted no Ma er tnan the first six months of the period or pro ba mio EILEEN STEWART a/k/a EILEEH S. CRT CALENDAR NO. 29734 6. That Reepondent Shall make quarterly Visits to an employee of the Office of Frofessiooal Discipline, New York State Education Department, unless otherwise agreed to by said emeloyee, for the purpose of said employee monitoring Respondent's terms of probation to assure compliance therewith, and Respondent shall cooperate with said, employee, including the submission of information requested by said employee, regarding the aforesaid monitoring; 7. That upon receipt of evidence of nonoomplianoe with or any other violation of any of the aforementiooed terms of probation, the New York State Education Department may initiate a violation of probation proceeding and/or each other proceedings pursuant to the Education Law and/or Rules of the Board of Regents. NEW YORK STATE EDUCATION DEPARTMENT OFFICE OF PROFESSIONAL DISCIPLINE STATE BOARD FOR MIDWIFERY IN THE MATTER of the Disciplinary Proceeding APPLICATION FOR CONSENT ORDER against CAL. NO 29734 EILEEN STEWART a/k/a EILEEN S. ORT who is currently licensed to practice as a midwife in the State of New York. The undersigned~ agree to the above statement and to the proposed penalty based on the terms and conditions thereof. Dated: 026? 3 2018 .. .. - i - r1), I DR spondent A Dated: 0%3 2 Dated: i13K3C/fi? 2018 Dated: \m - \o 2019 The undersigned, a member of the Board of Regents who has been designated by the Chairman of the Regents Committee on Professional Practice to review this Application for a Consent Order, has reviewed said Application and recommends to the Board of Regents that the Application be granted. at,? Dated: (p 2019 Member, Board of Regents