|
|
Court OpinionsState LawsAlabama US Code1 USC - General Provisions US Constitution |
Texas Occupations Code - Chapter 203 MidwivesLegal Research Home > Texas Laws > Occupations Code > Texas Occupations Code - Chapter 203 Midwives This chapter may be cited as the Texas Midwifery Act. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. ... In this chapter: (1) Repealed by Acts 2005, 79th Leg., ch. 1240, § 56(1). (2) "Certified nurse-midwife" means a person who is: (A) a registered ... The legislature finds: (1) a parent has the responsibility and right to give birth where and with whom the parent chooses; (2) childbirth is a ... This chapter does not apply to: (1) a certified nurse-midwife, a physician, or another health care professional licensed by the state and operating within the ... 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 ... The midwifery board is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the midwifery board ... The commissioner shall appoint a midwifery board that reports directly to the commissioner. Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. ... (a) The midwifery board consists of nine members appointed as follows: (1) five licensed midwife members each of whom has at least three years' experience ... A person is not eligible for appointment as a public member of the midwifery board if the person or the person's spouse: (1) is registered, ... (a) In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to ... Members of the midwifery board serve for staggered terms of six years. The terms of three members expire on January 31 of each odd-numbered year. ... The commissioner shall designate a public member of the midwifery board as the presiding officer of the midwifery board to serve in that capacity at ... (a) It is a ground for removal from the midwifery board that a member: (1) does not have at the time of taking office the ... A midwifery board member may receive reimbursement for travel expenses as provided by the General Appropriations Act. Acts 1999, 76th Leg., ch. 388, § 1, ... (a) The midwifery board shall meet at least semiannually. (b) The midwifery board shall meet at other times at the call of the midwifery board ... (a) A person who is appointed to and qualifies for office as a member of the midwifery board may not vote, deliberate, or be counted ... The department shall, after consultation with the midwifery board, employ a coordinator for the midwifery program and the staff necessary to administer the program. Acts ... The program coordinator shall supervise the staff in the performance of administrative duties, including: (1) keeping the minutes of midwifery board meetings; and (2) maintaining: ... The midwifery board shall develop and implement policies that clearly define the respective responsibilities of the midwifery board and the staff of the midwifery board. ... (a) The program coordinator or the program coordinator's designee shall prepare and maintain a written policy statement to ensure implementation of an equal employment opportunity ... (a) Subject to the approval of the executive commissioner, the midwifery board shall: (1) adopt substantive and procedural rules necessary for the licensing of midwives; ... (a) Subject to the approval of the executive commissioner, the midwifery board shall adopt rules necessary to comply with Chapter 53. (b) In its proposed ... (a) Subject to the approval of the executive commissioner, the midwifery board by rule shall establish reasonable and necessary fees that, in the aggregate, produce ... (a) Subject to the approval of the department, the midwifery board shall issue basic information manuals for the practice of midwifery. The midwifery board shall ... (a) The department shall file annually with the governor and the presiding officer of each house of the legislature a complete and detailed written report ... (a) The midwifery board shall adopt rules concerning the investigation of a complaint filed with the midwifery board. (b) The rules adopted under Subsection (a) ... (a) Repealed by Acts 2005, 79th Leg., ch. 1240, § 56(2). (b) The department, with the recommendation of the midwifery board, shall: (1) implement rules ... (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 ... (a) The midwifery board may not propose rules restricting advertising or competitive bidding by a licensed midwife except to prohibit false, misleading, or deceptive practices. ... (a) The midwifery board may appoint committees to assist the midwifery board with its functions under this chapter. (b) Only a member of the midwifery ... Subject to the approval of the executive commissioner, the midwifery board shall implement a policy requiring the midwifery board to use appropriate technological solutions to ... (a) Subject to the approval of the executive commissioner, the midwifery board shall develop and implement a policy to encourage the use of: (1) negotiated ... (a) The midwifery board shall prepare information of public interest describing the functions of the midwifery board and the procedures by which complaints are filed ... (a) The midwifery board by rule shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number ... The midwifery board shall appoint at least one public member of the midwifery board to any midwifery board committee established to review a complaint filed ... (a) The midwifery board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the midwifery board and to ... (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 ... (a) A person qualifies to become a licensed midwife under this chapter if the person provides the program coordinator with documentary evidence that the person ... A person who practices midwifery must apply to the department to be licensed as a midwife. The application must: (1) be accompanied by a nonrefundable ... Subject to the approval of the executive commissioner, the midwifery board shall establish requirements for basic midwifery education. Acts 1999, 76th Leg., ch. 388, § ... (a) The midwifery board, with the approval of the executive commissioner, shall: (1) adopt a comprehensive midwifery examination for persons regulated under this chapter that ... (a) The midwifery board shall develop and administer at least twice each calendar year a jurisprudence examination to determine an applicant's knowledge of this chapter, ... (a) The midwifery board shall notify each examinee of the examination results not later than the 30th day after the date on which the examination ... A person who practices midwifery in this state must provide the program coordinator with satisfactory evidence that the person: (1) is trained to perform the ... 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, § ... (a) A licensed midwife is responsible for renewing a license before the expiration date of the license. A person whose license has expired may not ... (a) The midwifery board by rule may adopt a system under which licenses expire on various dates during the year. (b) For the year in ... (a) Subject to the approval of the executive commissioner, the midwifery board shall establish requirements for continuing midwifery education, including a minimum number of hours ... The midwifery board may assess the continuing education needs of licensed midwives and may require licensed midwives to attend continuing midwifery education courses specified by ... The midwifery board may refuse to renew the license of a person who fails to pay an administrative penalty imposed under Subchapter J, unless enforcement ... (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) ... A midwife shall encourage a client to seek: (1) prenatal care; and (2) medical care through consultation or referral, as specified by midwifery board rules, ... 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 ... (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 ... (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 ... (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 ... (a) The midwifery board may require information in addition to that required by Section 203.253 if it determines the additional information is necessary and appropriate ... A midwife may not: (1) provide midwifery care in violation of midwifery board rule, except in an emergency that poses an immediate threat to the ... 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 ... (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 ... (a) The midwifery board may discipline a licensed midwife, refuse to renew a midwife's license, or refuse to issue a license to an applicant if ... (a) The midwifery board or a three-member committee of midwifery board members designated by the midwifery board shall temporarily suspend the license of a licensed ... (a) Subject to Subsection (b), the midwifery board may order a licensed midwife to pay a refund to a consumer as provided in an agreement ... The midwifery board may impose an administrative penalty on a person who violates this chapter or a rule adopted under this chapter. Acts 1999, 76th ... (a) The amount of the administrative penalty may not exceed $5,000 for each violation. Each day a violation continues is a separate violation. (b) The ... (a) If, after investigation of a possible violation and the facts surrounding that possible violation, the midwifery board or its designee determines that a violation ... (a) Not later than the 20th day after the date the person receives the notice under Section 203.453, the person may: (1) accept the midwifery ... (a) If the person timely requests a hearing, the midwifery board or its designee shall set a hearing and give written notice of the hearing ... (a) Based on the findings of fact, conclusions of law, and proposal for decision, the midwifery board by order may determine that: (1) a violation ... (a) Not later than the 30th day after the date the midwifery board's order becomes final, the person shall: (1) pay the administrative penalty; (2) ... (a) If the person on whom the administrative penalty is imposed does not comply with Section 203.457, the penalty may be collected. (b) The midwifery ... (a) If a court sustains the determination that a violation occurred, the court may uphold or reduce the amount of the administrative penalty and order ... (a) If, after judicial review, the administrative penalty is reduced or not imposed by the court, the court shall: (1) order the midwifery board to ... A proceeding under this subchapter to impose an administrative penalty is subject to Chapter 2001, Government Code. Acts 1999, 76th Leg., ch. 388, § 1, ... (a) A person is liable for a civil penalty if the person is required to be licensed under this chapter and the person knowingly or ... (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. ... (a) Venue for a civil action brought under Section 203.451 or 203.452 is in the county in which the defendant resides or in the county ... (a) A person commits an offense if the person is required to be licensed under this chapter and the person knowingly practices midwifery without a ... (a) If it appears to the midwifery board that a person who is not licensed under this chapter is violating this chapter, a rule adopted ... Last modified: August 11, 2007 |
|