Title OC, Occupations Code

Sec. 203.005. EFFECT ON LOCAL ORDINANCES. This chapter does not prohibit a municipality from adopting a local ordinance or rule to regulate the practice of midwifery in the municipality if the ordinance or rule is compatible with and at least as strict as this chapter and commiss…

Sec. 203.052. ADVISORY BOARD MEMBERSHIP. (a) The advisory board consists of nine members appointed by the presiding officer of the commission with the approval of the commission as follows: (1) five licensed midwife members each of whom has at least three years' experience in the…

Sec. 203.0521. DUTIES OF ADVISORY BOARD. The advisory board shall provide advice and recommendations to the department on technical matters relevant to the administration of this chapter. Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.006, eff. September 1, 2015.

Sec. 203.055. TERMS; VACANCIES. (a) Members of the advisory board serve for staggered terms of six years. (b) If a vacancy occurs during a member's term, the presiding officer of the commission, with the commission's approval, shall appoint a replacement who meets the qualificati…

Sec. 203.056. PRESIDING OFFICER. The presiding officer of the commission shall designate a member of the advisory board to serve as the presiding officer of the advisory board to serve for a term of two years. The presiding officer of the advisory board may vote on any matter bef…

Sec. 203.059. MEETINGS. The advisory board shall meet at the call of the presiding officer of the commission or the executive director. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by: Acts 2005, 79th Leg., Ch. 1240 (H.B. 1535), Sec. 10, eff. September 1, 20…

Sec. 203.151. GENERAL POWERS AND DUTIES. (a) The executive director shall administer and enforce this chapter. (a-1) The commission shall: (1) adopt rules prescribing the standards for the practice of midwifery in this state, including standards for: (A) the delineation of findin…

Sec. 203.153. MANUALS. (a) The department shall issue basic information manuals for the practice of midwifery and instructor manuals that may be used in basic midwifery education courses. (b) The department shall provide the manuals to each licensed midwife and to any other perso…

Sec. 203.154. REPORTS ON MIDWIFERY. (a) Repealed by Acts 2021, 87th Leg., R.S., Ch. 856 (S.B. 800), Sec. 25(15), eff. September 1, 2021. (b) The Department of State Health Services shall publish a statistical report of infant fetal morbidity and mortality. Acts 1999, 76th Leg., c…

Sec. 203.155. COMPLAINTS. (a) Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 1.222(12), eff. September 1, 2015. (b) For purposes of Section 51.252, the commission must adopt rules to provide for the release of any relevant midwifery or medical record to the department, wi…

Sec. 203.157. ROSTER; NOTICE TO COUNTY OFFICIALS. (a) The department shall maintain a roster of each person licensed as a midwife in this state. (b) The roster shall contain for each person the information required on the licensure form under this chapter and other information th…

Sec. 203.251. LICENSE REQUIRED. (a) A person may not practice midwifery unless the person holds a license issued under this chapter. (b) The department shall provide a license to each person who fulfills the licensing requirements. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept…

Sec. 203.252. QUALIFICATIONS FOR INITIAL LICENSE. (a) A person qualifies to become a licensed midwife under this chapter if the person provides the department with documentary evidence that the person has: (1) satisfied each requirement for basic midwifery education; and (2) pass…

Sec. 203.253. LICENSE APPLICATION. A person who practices midwifery must apply to the department to be licensed as a midwife in the manner and on a form prescribed by the executive director. The application must: (1) be accompanied by a nonrefundable application fee; and (2) incl…

Sec. 203.254. BASIC MIDWIFERY EDUCATION. The commission shall establish requirements for basic midwifery education. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by: Acts 2005, 79th Leg., Ch. 1240 (H.B. 1535), Sec. 30, eff. September 1, 2005. Acts 2015, 84th …

Sec. 203.255. EXAMINATION. (a) The department shall: (1) adopt a comprehensive midwifery examination for persons regulated under this chapter that must be passed before the initial license may be issued; and (2) establish eligibility requirements for persons taking a comprehensiv…

Sec. 203.2555. JURISPRUDENCE EXAMINATION. (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 thi…

Sec. 203.256. TRAINING IN NEWBORN SCREENING AND BASIC LIFE SUPPORT CARDIOPULMONARY RESUSCITATION. A person who practices midwifery in this state must provide the department with satisfactory evidence that the person: (1) is trained to perform the newborn screening tests under Sec…

Sec. 203.301. APPLICATION FOR LICENSE RENEWAL. An applicant for renewal of a license under this chapter must apply biennially as provided in Section 203.253. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by: Acts 2005, 79th Leg., Ch. 1240 (H.B. 1535), Sec. 34…

Sec. 203.305. REQUIRED ATTENDANCE AT SPECIFIC MIDWIFERY EDUCATION COURSES. The department may assess the continuing education needs of licensed midwives and may require licensed midwives to attend continuing midwifery education courses specified by the department. Acts 1999, 76th…

Sec. 203.306. GROUNDS FOR REFUSING RENEWAL. 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. Added by Acts 2005, 79…

Sec. 203.351. INFORMED CHOICE AND DISCLOSURE REQUIREMENTS. (a) A midwife shall disclose in oral and written form to a prospective client the limitations of the skills and practices of a midwife. (b) The department shall prescribe the form of the informed choice and disclosure sta…

Sec. 203.352. PRENATAL AND CERTAIN MEDICAL CARE ENCOURAGED. A midwife shall encourage a client to seek: (1) prenatal care; and (2) medical care through consultation or referral, as specified by commission rules, if the midwife determines that the pregnancy, labor, delivery, postp…

Sec. 203.353. PREVENTION OF OPHTHALMIA NEONATORUM. (a) Subject to Subsection (b), unless the newborn child is immediately transferred to a hospital because of an emergency, a midwife who attends the birth of the child shall comply with Section 81.091, Health and Safety Code. (b) …

Sec. 203.354. NEWBORN SCREENING. (a) Each midwife who attends the birth of a child shall cause the newborn screening tests to be performed on blood specimens taken from the child as required by Chapter 33, Health and Safety Code. (b) A midwife may collect blood specimens for the …

Sec. 203.355. SUPPORT SERVICES. (a) In this section: (1) "Clinical services" include prenatal, postpartum, child health, and family planning services. (2) "Local health unit" means a division of a municipal or county government that provides limited public health services under S…

Sec. 203.356. IMMUNITY. (a) A physician, a registered nurse, or other person who, on the order of a physician, instructs a midwife in the approved techniques for collecting blood specimens to be used for newborn screening tests is immune from liability arising out of the failure …

Sec. 203.357. ADDITIONAL INFORMATION REQUIRED. (a) The department may require information in addition to that required by Section 203.253 if it determines the additional information is necessary and appropriate to ascertain the nature and extent of midwifery in this state. The de…

Sec. 203.401. PROHIBITED PRACTICES. A midwife may not: (1) provide midwifery care in violation of commission rule, except in an emergency that poses an immediate threat to the life of a woman or newborn; (2) administer a prescription drug to a client other than: (A) a drug admini…

Sec. 203.402. PROHIBITED REPRESENTATION. A midwife may not: (1) except as provided by Section 203.403, use in connection with the midwife's name a title, abbreviation, or designation tending to imply that the midwife is a "registered" or "certified" midwife as opposed to one who …

Sec. 203.403. PROHIBITED USE OF TITLE. (a) A midwife certified by the North American Registry of Midwives who uses "certified" as part of the midwife's title in an identification statement or advertisement must include in the statement or advertisement a statement that the midwif…

Sec. 203.404. GROUNDS FOR DISCIPLINARY ACTION. (a) The commission or executive director may discipline a licensed midwife, refuse to renew a midwife's license, or refuse to issue a license to an applicant if the person: (1) violates this chapter or a rule adopted under this chapt…

Sec. 203.502. INJUNCTIONS. (a) In this section, "health authority" means a physician who administers state and local laws regulating public health under Chapter 121, Health and Safety Code. (b) If the executive director or a health authority determines that a person has violated …

Sec. 203.503. VENUE. (a) Venue for a civil action arising out of the imposition of an administrative penalty is in the county in which the defendant resides or in the county in which the violation occurred. (b) Venue for the civil action may be changed only after a good faith eff…

Sec. 203.505. CEASE AND DESIST ORDER. (a) Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 1.222(26), eff. September 1, 2015. (b) A violation of a cease and desist order issued by the executive director constitutes grounds for imposing an administrative penalty. Added by Ac…