texas midwifery rules
1535), Sec. 388, Sec. Amended by Acts 2005, 79th Leg., Ch. 115.121. 202), Sec. 1105 (H.B. September 1, 2015. September 1, 2015. 115.13. ROANOKE, Va. (WDBJ) - “The history of our profession is often that wise woman in the community who has the skills and to attend these births and be present with women, and it’s developed over centuries.”. 115.114. 202), Sec. 1.018, eff. 1, eff. 2426), Sec. (c) If on initial or subsequent assessment, one of the following conditions exists, the midwife shall recommend transfer in accordance and document that recommendation in the midwifery record: (1) placenta previa in the third trimester; (2) Human Immunodeficiency Virus (HIV) positive or Acquired Immunodeficiency Syndrome (AIDS); (3) cardio vascular disease, including hypertension, with the exception of varicosities; (5) history of cervical incompetence with surgical therapy; (7) Rh or other blood group isoimmunization; (8) previous uterine surgery involving incision into the uterine myometrium, other than a low transverse cesarean section; (10) documented oligo-hydramnios or poly-hydramnios; (11) any known fetal malformation requiring immediate post-natal hospital care; (12) Preterm Premature Rupture of Membranes (PPROM); (15) triplet or higher order multiple gestation; (16) active cancer or history of ovarian, breast, uterine, or cervical cancer; (17) undiagnosed vaginal bleeding lasting longer than two weeks; or. 1, eff. 1535), Sec. 1.038, eff. 1, eff. 42, eff. 115.7. 1240 (H.B. (b) On renewal of the license, a midwife must provide the department with evidence, acceptable under commission rules, of completion of continuing midwifery education as prescribed by the commission by rule. 1, eff. Applications for late license renewal must include the following: (1) each of the items required for timely renewal; and, 115.16. 838 (S.B. In 1956 midwifery received sanction in case law when the Texas Court of Criminal Appeals ruled that the practice of midwifery did not constitute the practice of medicine without a license. (a) The midwife shall collect, assess, and document maternal care data through a detailed obstetric, gynecologic, medical, social, and family history and a complete prenatal physical exam and appropriate laboratory testing; develop and implement a plan of care; thereafter evaluate the client's condition on … (14) Normal childbirth--The labor and vaginal delivery at or close to term (37 up to 42 weeks) of a pregnant woman whose assessment reveals no abnormality or signs or symptoms of complications. To practice midwifery in Texas, an individual must hold a current license issued by the Texas Department of Licensing and Regulation (TDLR). September 1, 2015. 44, eff. (a) The department shall maintain a roster of each person licensed as a midwife in this state. 2847), Sec. In Texas, CNMs are not independent providers and require supervision by a physician. Added by Acts 2015, 84th Leg., R.S., Ch. 1535), Sec. The midwife could also choose to refer the family to have the infant's screening done at an appropriate health care facility. 45, eff. 1, eff. "Midwifery" means the practice of: (A) providing the necessary supervision, care, and advice to a woman during normal pregnancy, labor, … 115.14. HEALTH PROFESSIONS 115.75. INFORMED CHOICE AND DISCLOSURE REQUIREMENTS. September 1, 2005. (b) A midwife in attendance at childbirth who is unable to apply prophylaxis as required by Section 81.091, Health and Safety Code, due to the objection of the parent, managing conservator, or guardian of the newborn child does not commit an offense under that section and is not subject to any criminal, civil, or administrative liability or any professional disciplinary action for failure to administer the prophylaxis. Acts 1999, 76th Leg., ch. 115.1. (b) A midwife may collect blood specimens for the newborn screening tests if the midwife has been approved by the department to collect the specimen. (3) Appropriate health care facility--The Department of State Health Services, a local health department, a public health district, a local health unit or a physician's office where specified tests can be administered and read, and where other medical/clinical procedures normally take place. Texas Midwifery Board Home Page Thank you for visiting the Department of State Health Services (DSHS) webpage. Sept. 1, 1999. Each midwife must complete and return the forms to the department as requested. Midwives Termination of the Midwife-Client Relationship. Sec. 202), Sec. Sec. 1, eff. The advisory board shall meet at the call of the presiding officer of the commission or the executive director. 388, Sec. (a) The department shall develop and administer at least twice each calendar year a jurisprudence examination to determine an applicant's knowledge of this chapter, commission rules under this chapter, and any other applicable laws of this state affecting the applicant's midwifery practice. ATM nurtures the profession and traditions of midwifery in Texas. (New Section adopted effective October 1, 2016, 41 TexReg 4477). (3) adopt rules as necessary to establish eligibility for reciprocity for initial licensing under this chapter. September 1, 2015. September 1, 2005. 203.404. 203.301. (c) The department shall review and update the examination as needed. (a) The commission by rule shall establish requirements for continuing midwifery education, including a minimum number of hours of continuing education required to renew a license under this chapter. Any substantive change(s) in the course or its content shall be submitted to the department within ten working days after change(s). 388, Sec. 203.256. (2) initiate transfer and document that action in the midwifery record. To be enabled to practice midwifery in Texas with a knowledge of legal requirements for a safe and legally responsible practice. ATM works hard to represent the interests of midwives all across the state of Texas. 40, eff. This is taken orally and inserted vaginally, next to the cervix. (b) Repealed by Acts 2015, 84th Leg., R.S., Ch. (a) A midwife shall disclose in oral and written form to a prospective client the limitations of the skills and practices of a midwife. (3) The department staff shall review each course application submitted for approval. 10, eff. (e) If on initial or subsequent assessment during labor or delivery, one of the following conditions exists, the midwife shall initiate immediate emergency transfer in accordance with §115.113 and document that action in the midwifery record: (4) gestational hypertension/preeclampsia/eclampsia; (5) severe abdominal pain inconsistent with normal labor; (6) a non-reassuring fetal heart rate pattern; (8) thick meconium unless the birth is imminent; (9) visible genital lesions suspicious of herpes virus infection; (12) presentation(s) not compatible with spontaneous vaginal delivery; (13) laceration(s) requiring repair beyond the scope of practice of the midwife; (16) any other condition or symptom which could threaten the life of the mother or fetus, as assessed by a midwife exercising reasonable skill and knowledge. September 1, 2005. GROUNDS FOR REFUSING RENEWAL. (9) Late renewal fees for licenses issued under this chapter are provided under §60.83 of this title (relating to Late Renewal Fees). Amended by Acts 2005, 79th Leg., Ch. (8) Consultation--The process by which a midwife, who maintains responsibility for the woman's care, seeks the advice of a physician or another licensed health care professional or member of the health care team of a different profession. (a) A midwife shall consult with, refer to, collaborate with, or transfer to an appropriate healthcare provider or facility in accordance with the Act and this chapter. 388, Sec. 1535), Sec. The Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 115, §115.14 and §115.70, regarding the Midwives program, without changes to the proposed text as published in the February 21, 2020, issue of the Texas Register (45 TexReg 1143). September 1, 2015. (B) administration of oxygen by a midwife to a mother or newborn; (A) the type of courses and number of hours required to meet the basic midwifery education course and continuing midwifery education course requirements; and. ADDITIONAL INFORMATION REQUIRED. 30, eff. (17) Program--The department's midwifery program. The department may refuse to renew the license of a person who fails to pay an administrative penalty unless enforcement of the penalty is stayed or a court has ordered that the administrative penalty is not owed. Sept. 1, 1999. 39, eff. Officers. 1531), Sec. (b) As long as the midwife has been approved to perform the newborn screening test, the act of collecting this specimen will not constitute "practicing medicine" as defined by the Medical Practice Act. All continuing education taken by midwives for the purpose of obtaining or renewing a midwifery license must be in accordance with this section. (1) collect, assess and document newborn care data by monitoring the vital signs, performing a physical exam, and obtaining the laboratory tests necessary for the infant during the postpartum period; (2) provide appropriate education and counseling to the mother; and. September 1, 2015. 1240 (H.B. 838 (S.B. (New Section adopted effective October 1, 2016, 41 TexReg 4477; amended effective May 1, 2019, 44 TexReg 1849; amended effective August, 1, 2020, 45 TexReg 5184). 46, eff. A CPM must also have a … 838 (S.B. (2) Renewal fee--$550 for each two-year renewal period, (5) Retired midwife reinstatement fee--$275, (7) Education course initial application fee--$150, (8) Education course site visit fee--$500. Coordinating Care with Other Health Care Providers. (C) include a minimum of 250 hours course work. Sept. 1, 1999. 203.304. (c) A basic information manual must include information about: (1) the knowledge necessary to practice as a midwife; (2) the basic education and continuing education requirements for a midwife; (3) the legal requirements and procedures relating to midwifery; (4) the standards of practice as a midwife; and. JURISPRUDENCE EXAMINATION. Amended by Acts 2015, 84th Leg., R.S., Ch. September 1, 2015. (4) except as authorized by rules adopted by the Texas Board of Nursing, use in combination with the term "midwife" the term "nurse" or another title, initial, or designation that implies that the midwife is licensed as a registered nurse or vocational nurse. (d) Pursuant to Texas Occupations Code, Chapters 51 and 203, the commission or the executive director may deny the application for violation of the Act. Charges against the other 175 were dropped. June 17, 2011. 838 (S.B. Amended by Acts 2015, 84th Leg., R.S., Ch. (B) a3re accredited by one of the following accrediting bodies: (i) a professional midwifery association, nursing, social work, or medicine; (ii) a college, a university, or an approved basic midwifery education course; (iii) a nursing, medical, or health care organization; (iv) a state board of nursing or medicine; 115.70. 1240 (H.B. 22, eff. (2) passed the comprehensive midwifery examination and jurisprudence examination required by this chapter. 29, eff. (a) Subject to Subsection (b), the commission or executive director may order a licensed midwife to pay a refund to a consumer as provided in an agreed settlement, default order, or commission order instead of or in addition to imposing an administrative penalty against the license holder. 838 (S.B. 1240 (H.B. (a) A retired midwife who is only providing voluntary charity care: (1) may renew his or her midwifery license by submitting all the items required for renewal, the retired midwife renewal fee, and only five hours of approved midwifery continuing education. 388, Sec. 219), Sec. 1535), Sec. (New Section adopted effective October 1, 2016, 41 TexReg 4477; amended effective May 1, 2019, 44 TexReg 1849). Sept. 1, 1999. Acts 1999, 76th Leg., ch. (c) The midwife shall document midwifery care in legible, complete health records. Sept. 1, 1999. (c) Repealed by Acts 2015, 84th Leg., R.S., Ch. 388, Sec. 1, eff. If an application for initial approval meets all of the requirements specified in this paragraph, a one-year provisional approval will be granted. Sept. 1, 1999. 388, Sec. The disclosure statement may not exceed 500 words and must be in Spanish and English; and must contain; (3) information on where to file a complaint against a licensed midwife, including the name, mailing address and telephone number for the department. (1) Once the midwife has accepted a client, the relationship is ongoing and the midwife cannot refuse to continue to provide midwifery care to the client unless: (A) the client has no need of further care; (B) the client terminates the relationship; or. (New Section adopted effective October 1, 2016, 41 TexReg 4477). September 1, 2015. (B) another form of certification acceptable to the department that demonstrates proficiency in basic life support cardiopulmonary resuscitation for adults and children. Austin, TX 78711, (800) 803-9202 [in state only] The application must: Acts 1999, 76th Leg., ch. Sept. 1, 1999. Amended by Acts 2005, 79th Leg., Ch. 202), Sec. September 1, 2015. (b) The department shall prescribe the form of the informed choice and disclosure statement required to be used by a midwife under this chapter. 1240 (H.B. 838, Sec. 838 (S.B. 2, eff. Standards of Conduct. PROHIBITED PRACTICES AND GROUNDS FOR DISCIPLINARY ACTION. September 1, 2015. 16 Texas Administrative Code, Chapter 115 (a) Repealed by Acts 2015, 84th Leg., R.S., Ch. 203.157. (7) proof of passing the jurisprudence examination approved by the department. 202), Sec. 1.031, eff. September 1, 2005. Sept. 1, 1999. (New Section adopted effective October 1, 2016, 41 TexReg 4477; amended effective May 1, 2019, 44 TexReg 1849). (3) The commission or executive director may revoke course approval if: (A) the course no longer meets one or more of the standards established by this subsection; (B) the course supervisor, instructor(s), or preceptor(s) do not have the qualifications required by this subsection; (C) course approval was obtained by fraud or deceit; (D) the course supervisor falsified course registration, attendance, completion and/or other records; or. 838 (S.B. Texas Department of Licensing and Regulation Amended by Acts 2011, 82nd Leg., R.S., Ch. Each midwife must have one of the following documents on file with the department in order to be licensed. English. (15) Physician--A physician licensed to practice medicine in Texas by the Texas Medical Board. (v) protocol writing, adaptation and revision. (1) The department shall approve courses for a three year period. The midwife in attendance at childbirth shall ensure that the objection of the parent, managing conservator, or guardian is entered into the medical record of the child. Amended by Acts 2015, 84th Leg., R.S., Ch. 202), Sec. Postpartum Care. (d) The provider may charge a reasonable fee for the services. (c) If on any postpartum assessment one of the following conditions exists, the midwife shall recommend referral to an appropriate health care professional and document that recommendation in the midwifery record: (4) any other condition or symptom which could threaten the health of the mother, as assessed by a midwife exercising reasonable skill and knowledge. September 1, 2005. (3) observe the newborn for a minimum of two hours after he or she is stable with no signs of distress. Fees. 202), Sec. 4007), Sec. (New Section adopted effective October 1, 2016, 41 TexReg 4477). Administrative Rules 115.122. 388, Sec. 838 (S.B. ATM nurtures the profession and traditions of midwifery in Texas. 1, eff. 1.021, eff. 1535), Sec. (13) Newborn care--The care of a child for the first six weeks of the child's life.
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