CHAPTER 203. MIDWIVES
OCCUPATIONS CODE
TITLE 3. HEALTH PROFESSIONS
SUBTITLE C. OTHER PROFESSIONS PERFORMING MEDICAL PROCEDURES
CHAPTER 203. MIDWIVES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 203.001. SHORT TITLE. This chapter may be cited as the
Texas Midwifery Act.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 203.002. DEFINITIONS. In this chapter:
(1) Repealed by Acts 2005, 79th Leg., Ch. 1240, Sec. 56(1), eff.
September 1, 2005.
(2) "Certified nurse-midwife" means a person who is:
(A) a registered nurse under Chapter 301;
(B) recognized as an advanced nurse practitioner by the Texas
Board of Nursing; and
(C) certified by the American College of Nurse-Midwives.
(3) "Commissioner" means the commissioner of state health
services.
(4) "Department" means the Department of State Health Services.
(4-a) "Executive commissioner" means the executive commissioner
of the Health and Human Services Commission.
(5) "Local health department" means a department of health
created by the governing body of a municipality or a county under
Section 121.031, Health and Safety Code.
(6) "Midwife" means a person who practices midwifery and has met
the licensing requirements established by this chapter and
midwifery board rules.
(7) "Midwifery" means the practice of:
(A) providing the necessary supervision, care, and advice to a
woman during normal pregnancy, labor, and the postpartum period;
(B) conducting a normal delivery of a child; and
(C) providing normal newborn care.
(8) "Newborn" means an infant from birth through the first six
weeks of life.
(9) "Normal" means, as applied to pregnancy, labor, delivery,
the postpartum period, and the newborn period, and as defined by
midwifery board rule, circumstances under which a midwife has
determined that a client is at a low risk of developing
complications.
(10) "Postpartum period" means the first six weeks after a woman
has given birth.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1240, Sec. 1, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
1240, Sec. 56(1), eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch.
889, Sec. 35, eff. September 1, 2007.
Sec. 203.003. FINDINGS. 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 natural process of the human body and not a
disease; and
(3) midwifery has been practiced in this state since the days of
the Republic.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 203.004. APPLICABILITY. 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
scope of the person's license;
(2) a natural childbirth trainer; or
(3) a person other than a midwife who assists childbirth in an
emergency.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
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 midwifery board rules.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1240, Sec. 2, eff. September 1, 2005.
Sec. 203.006. APPLICATION OF SUNSET ACT. 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 is abolished and this chapter expires September
1, 2017.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1240, Sec. 3, eff. September 1, 2005.
SUBCHAPTER B. MIDWIFERY BOARD
Sec. 203.051. MIDWIFERY BOARD. The commissioner shall appoint a
midwifery board that reports directly to the commissioner.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1240, Sec. 4, eff. September 1, 2005.
Sec. 203.052. APPOINTMENT OF MIDWIFERY BOARD. (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 in the practice of midwifery;
(2) one physician member who is certified by a national
professional organization of physicians that certifies
obstetricians and gynecologists;
(3) one physician member who is certified by a national
professional organization of physicians that certifies family
practitioners or pediatricians; and
(4) two members who represent the public and who are not
practicing or trained in a health care profession, one of whom is
a parent with at least one child born with the assistance of a
midwife.
(b) Appointments to the midwifery board shall be made without
regard to the race, color, disability, sex, religion, age, or
national origin of the appointee.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1240, Sec. 5, eff. September 1, 2005.
Sec. 203.053. ELIGIBILITY OF PUBLIC MEMBERS. 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, certified, or licensed by an occupational
regulatory agency in the field of midwifery;
(2) is employed by or participates in the management of a
business entity or other organization regulated by the midwifery
board or receiving funds from the midwifery board;
(3) owns or controls, directly or indirectly, more than a 10
percent interest in a business entity or other organization
regulated by or receiving funds from the midwifery board; or
(4) uses or receives a substantial amount of tangible goods,
services, or funds from the midwifery board, other than
compensation or reimbursement authorized by law for midwifery
board membership, attendance, or expenses.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 203.054. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (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 assist its
members and its industry or profession in dealing with mutual
business or professional problems and in promoting their common
interest.
(b) A person may not be a midwifery board member, an employee of
the midwifery board, or a department employee employed in a "bona
fide executive, administrative, or professional capacity," as
that phrase is used for purposes of establishing an exemption to
the overtime provisions of the federal Fair Labor Standards Act
of 1938 (29 U.S.C. Section 201 et seq.) if:
(1) the person is an officer, employee, or paid consultant of a
Texas trade association in the field of health care; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of health
care.
(c) A person may not be a midwifery board member or act as the
general counsel to the midwifery board or the department if the
person is required to register as a lobbyist under Chapter 305,
Government Code, because of the person's activities for
compensation on behalf of a profession related to the operation
of the midwifery board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1240, Sec. 6, eff. September 1, 2005.
Sec. 203.055. TERMS. 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.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 203.056. OFFICERS. 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 the pleasure of
the commissioner. The midwifery board shall elect one of the
other members of the midwifery board as vice presiding officer.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1240, Sec. 7, eff. September 1, 2005.
Sec. 203.057. GROUNDS FOR REMOVAL. (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
qualifications required by Section 203.052;
(2) does not maintain during service on the midwifery board the
qualifications required by Section 203.052;
(3) is ineligible for membership under Section 203.053 or
203.054;
(4) cannot, because of illness or disability, discharge the
member's duties for a substantial part of the member's term; or
(5) is absent from more than half of the regularly scheduled
midwifery board meetings that the member is eligible to attend
during a calendar year without an excuse approved by a majority
vote of the midwifery board.
(b) The validity of an action of the midwifery board is not
affected by the fact that it is taken when a ground for removal
of a midwifery board member exists.
(c) If the program coordinator has knowledge that a potential
ground for removal exists, the program coordinator shall notify
the presiding officer of the midwifery board of the potential
ground. The presiding officer shall then notify the commissioner
that a potential ground for removal exists. If the potential
ground for removal involves the presiding officer, the program
coordinator shall notify the next highest ranking member of the
midwifery board, who shall then notify the commissioner that a
potential ground for removal exists.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1240, Sec. 8, eff. September 1, 2005.
Sec. 203.058. REIMBURSEMENT. A midwifery board member may
receive reimbursement for travel expenses as provided by the
General Appropriations Act.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1240, Sec. 9, eff. September 1, 2005.
Sec. 203.059. MEETINGS. (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 or the commissioner.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1240, Sec. 10, eff. September 1, 2005.
Sec. 203.060. TRAINING. (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 as a member in attendance at a
meeting of the midwifery board until the person completes a
training program that complies with this section.
(b) The training program must provide the person with
information regarding:
(1) this chapter and the programs, functions, rules, and budget
of the midwifery board;
(2) the results of the most recent formal audit of the midwifery
board;
(3) the requirements of laws relating to open meetings, public
information, administrative procedure, and conflicts of interest;
and
(4) any applicable ethics policies adopted by the midwifery
board or the Texas Ethics Commission.
(c) A person appointed to the midwifery board is entitled to
reimbursement, as provided by the General Appropriations Act, for
the travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before
or after the person qualifies for office.
Added by Acts 2005, 79th Leg., Ch.
1240, Sec. 11, eff. September 1, 2005.
SUBCHAPTER C. PROGRAM COORDINATOR AND PERSONNEL
Sec. 203.101. PROGRAM COORDINATOR. 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 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1240, Sec. 12, eff. September 1, 2005.
Sec. 203.102. DUTIES OF PROGRAM COORDINATOR. 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:
(A) records about basic midwifery education courses and
continuing midwifery education courses;
(B) a roster of midwives licensed under Section 203.251; and
(C) a record of each person who is licensed under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1240, Sec. 13, eff. September 1, 2005.
Sec. 203.103. DIVISION OF RESPONSIBILITIES. 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.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 203.104. EQUAL EMPLOYMENT OPPORTUNITY POLICY; REPORT. (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 program under
which all personnel transactions are made without regard to race,
color, disability, sex, religion, age, or national origin. The
policy statement must include:
(1) personnel policies, including policies related to
recruitment, evaluation, selection, application, training, and
promotion of personnel that are in compliance with Chapter 21,
Labor Code;
(2) a comprehensive analysis of the midwifery board workforce
that meets federal and state guidelines;
(3) procedures by which a determination can be made of
significant underuse in the midwifery board workforce of all
persons for whom federal or state guidelines encourage a more
equitable balance; and
(4) reasonable methods to appropriately address those areas of
underuse.
(b) A policy statement prepared under Subsection (a) must:
(1) cover an annual period;
(2) be updated annually;
(3) be reviewed by the Commission on Human Rights for compliance
with Subsection (a)(1); and
(4) be filed with the governor.
(c) The governor shall deliver a biennial report to the
legislature based on the information received under Subsection
(b). The report may be made separately or as a part of another
biennial report made to the legislature.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER D. POWERS AND DUTIES OF MIDWIFERY BOARD, EXECUTIVE
COMMISSIONER, AND DEPARTMENT
Sec. 203.151. RULEMAKING AUTHORITY OF MIDWIFERY BOARD. (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;
(2) adopt rules prescribing the standards for the practice of
midwifery in this state, including standards for:
(A) the delineation of findings that preclude a woman or newborn
from being classified as having a normal pregnancy, labor,
delivery, postpartum period, or newborn period; and
(B) administration of oxygen by a midwife to a mother or
newborn;
(3) adopt rules prescribing:
(A) the type of courses and number of hours required to meet the
basic midwifery education course and continuing midwifery
education course requirements; and
(B) minimum standards for the approval and revocation of
approval of:
(i) basic midwifery education courses and continuing midwifery
education courses; and
(ii) instructors or facilities used in basic midwifery education
courses and continuing midwifery education courses;
(4) adopt rules prescribing a procedure for reporting and
processing complaints relating to the practice of midwifery in
this state;
(5) adopt and implement substantive and procedural rules as
necessary to discipline midwives determined to be in violation of
this chapter or otherwise a threat to the public health and
safety;
(6) adopt rules as necessary to establish eligibility for
reciprocity for initial licensing under this chapter; and
(7) adopt other rules necessary to implement a duty imposed on
the executive commissioner or the department under this chapter.
(b) The rules adopted under Subsection (a)(5) must include rules
relating to:
(1) warnings provided to midwives for a violation of this
chapter or rules adopted under this chapter;
(2) agreed orders for additional education by midwives;
(3) recommendations or requirements for medical or psychological
treatment, including treatment related to substance abuse by a
midwife; and
(4) restrictions on the practice of a midwife, including
practice limitations and the suspension and revocation of a
license, and placement of a midwife on probation.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1240, Sec. 15, eff. September 1, 2005.
Sec. 203.1515. RULES ON CONSEQUENCES OF CRIMINAL CONVICTION.
(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 rules under this section, the midwifery
board shall list the specific offenses for which a conviction
would constitute grounds for the midwifery board to take action
under Section 53.021.
Added by Acts 2005, 79th Leg., Ch.
1240, Sec. 16, eff. September 1, 2005.
Sec. 203.152. FEES. (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 sufficient revenue to cover the costs of administering
this chapter.
(b) The midwifery board may not set a fee for an amount less
than the amount of that fee on September 1, 1993.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1240, Sec. 17, eff. September 1, 2005.
Sec. 203.153. MANUALS. (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
approve the basic information manuals 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 person on request.
(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
(5) other information or procedures required by the midwifery
board or the department.
(d) The department may charge a fee for each manual not to
exceed $10. The department shall make the manual available in
English and Spanish.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1240, Sec. 18, eff. September 1, 2005.
Sec. 203.154. ANNUAL REPORT; REPORTS ON MIDWIFERY. (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 accounting for all funds received and
distributed by the midwifery board during the preceding fiscal
year.
(b) The report under Subsection (a) must be in the form and
reported in the time provided by the General Appropriations Act.
(c) The midwifery board shall prepare and publish reports on the
practice of midwifery in this state, including statistical
reporting of infant fetal morbidity and mortality.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1240, Sec. 19, eff. September 1, 2005.
Sec. 203.155. COMPLAINT PROCEDURE AND INVESTIGATION. (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) must:
(1) distinguish among categories of complaints;
(2) ensure that a person who files a complaint has an
opportunity to explain the allegations made in the complaint; and
(3) provide for the release of any relevant midwifery or medical
record to the midwifery board, without the necessity of consent
by the midwife's client, as necessary to conduct an investigation
of a complaint.
(c) The midwifery board by rule shall:
(1) adopt a form to standardize information concerning
complaints made to the midwifery board; and
(2) prescribe information to be provided to a person when the
person files a complaint with the midwifery board.
(d) The midwifery board shall provide reasonable assistance to a
person who wishes to file a complaint with the midwifery board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 203.156. DUTIES OF MIDWIFERY BOARD AND DEPARTMENT. (a)
Repealed by Acts 2005, 79th Leg., Ch. 1240, Sec. 56(2), eff.
September 1, 2005.
(b) The department, with the recommendation of the midwifery
board, shall:
(1) implement rules governing:
(A) basic midwifery education courses and continuing midwifery
education courses; and
(B) approval of instructors or facilities used in offering basic
midwifery education courses and continuing midwifery education
courses;
(2) prepare and distribute basic midwifery information and
instructor manuals; and
(3) enter into agreements necessary to carry out this chapter.
(c) The department shall:
(1) establish a program for licensure as a midwife as prescribed
by midwifery board rules;
(2) pay the salaries of the program coordinator and any
additional staff the department determines to be necessary; and
(3) provide office space and supplies for the program
coordinator and other staff.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1240, Sec. 20, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
1240, Sec. 21, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
1240, Sec. 56(2), eff. September 1, 2005.
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 the department determines necessary to accurately
identify each licensed midwife. The information is public
information as defined by Chapter 552, Government Code.
(c) The department shall provide each county clerk and each
local registrar of births in a county with the name of each
midwife practicing in the county.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1240, Sec. 22, eff. September 1, 2005.
Sec. 203.158. RULES RESTRICTING ADVERTISING OR COMPETITIVE
BIDDING. (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.
(b) The midwifery board may not include in its proposed rules to
prohibit false, misleading, or deceptive practices by a licensed
midwife a rule that:
(1) restricts the licensed midwife's use of any advertising
medium;
(2) restricts the licensed midwife's personal appearance or use
of the licensed midwife's voice in an advertisement;
(3) relates to the size or duration of an advertisement by the
licensed midwife; or
(4) restricts the licensed midwife's advertisement under a trade
name.
Added by Acts 2005, 79th Leg., Ch.
1240, Sec. 23, eff. September 1, 2005.
Sec. 203.159. BOARD COMMITTEES. (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 board may serve as a member
of a midwifery board committee.
Added by Acts 2005, 79th Leg., Ch.
1240, Sec. 23, eff. September 1, 2005.
Sec. 203.160. USE OF TECHNOLOGY. 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 improve the midwifery board's ability
to perform its functions. The policy must ensure that the public
is able to interact with the midwifery board on the Internet.
Added by Acts 2005, 79th Leg., Ch.
1240, Sec. 23, eff. September 1, 2005.
Sec. 203.161. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE
RESOLUTION POLICY. (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 rulemaking procedures under Chapter 2008,
Government Code, for the adoption of midwifery board rules; and
(2) appropriate alternative dispute resolution procedures under
Chapter 2009, Government Code, to assist in the resolution of
internal and external disputes under the midwifery board's
jurisdiction.
(b) The midwifery board's procedures relating to alternative
dispute resolution must conform, to the extent possible, to any
model guidelines issued by the State Office of Administrative
Hearings for the use of alternative dispute resolution by state
agencies.
(c) The department shall designate a trained person to:
(1) coordinate the implementation of the policy adopted under
Subsection (a);
(2) serve as a resource for any training needed to implement the
procedures for negotiated rulemaking or alternative dispute
resolution; and
(3) collect data concerning the effectiveness of those
procedures, as implemented by the midwifery board.
Added by Acts 2005, 79th Leg., Ch.
1240, Sec. 23, eff. September 1, 2005.
SUBCHAPTER E. PUBLIC INTEREST INFORMATION AND COMPLAINT
PROCEDURES
Sec. 203.201. PUBLIC INTEREST INFORMATION. (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 with and resolved by the midwifery board.
(b) The midwifery board shall make the information available to
the public and appropriate state agencies.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 203.202. COMPLAINTS. (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
of the midwifery board for the purpose of directing complaints to
the midwifery board. The midwifery board may provide for that
notice:
(1) on each registration form, application, or disclosure and
informed consent form of a person regulated by the midwifery
board;
(2) on a sign prominently displayed in the place of business of
each person regulated by the midwifery board; or
(3) in a bill for service provided by a person regulated by the
midwifery board.
(b) The midwifery board shall list with its regular telephone
number the toll-free telephone number established under other
state law that may be called to present a complaint about a
health professional.
(c) The midwifery board shall maintain a system to promptly and
efficiently act on complaints filed with the midwifery board.
The midwifery board shall maintain:
(1) information about the parties to the complaint and the
subject matter of the complaint;
(2) a summary of the results of the review or investigation of
the complaint; and
(3) information about the disposition of the complaint.
(d) The midwifery board shall make information available
describing its procedures for complaint investigation and
resolution.
(e) The midwifery board shall periodically notify the parties of
the status of the complaint until final disposition of the
complaint.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1240, Sec. 24, eff. September 1, 2005.
Sec. 203.2021. COMPLAINT COMMITTEE. 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
with the midwifery board or review an enforcement action against
a licensed midwife related to a complaint filed with the
midwifery board.
Added by Acts 2005, 79th Leg., Ch.
1240, Sec. 25, eff. September 1, 2005.
Sec. 203.203. PUBLIC PARTICIPATION. (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 speak on any issue under the midwifery board's jurisdiction.
(b) The midwifery board shall prepare and maintain a written
plan that describes how a person who does not speak English may
be provided reasonable access to the midwifery board's programs.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER F. LICENSURE REQUIREMENTS
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. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1240, Sec. 27, eff. September 1, 2005.
Sec. 203.252. QUALIFICATIONS FOR INITIAL LICENSE. (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 has:
(1) satisfied each requirement for basic midwifery education;
and
(2) passed the comprehensive midwifery examination and
jurisprudence examination required by this chapter.
(b) The initial license must be issued before the midwife begins
to practice midwifery and may be issued at any time during the
year.
(c) The term of the initial license begins on the date the
requirements are met and extends through December 31 of the year
in which the initial license is issued.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1240, Sec. 28, eff. September 1, 2005.
Sec. 203.253. LICENSE APPLICATION. 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 application fee; and
(2) include information required by midwifery board rules.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1240, Sec. 29, eff. September 1, 2005.
Sec. 203.254. BASIC MIDWIFERY EDUCATION. Subject to the
approval of the executive commissioner, the midwifery board 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, Sec. 30, eff. September 1, 2005.
Sec. 203.255. EXAMINATION. (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 must be passed before the
initial license may be issued; and
(2) establish eligibility requirements for persons taking a
comprehensive midwifery examination.
(b) The midwifery board shall have an independent testing
professional validate any written portion of the examination.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1240, Sec. 31, eff. September 1, 2005.
Sec. 203.2555. JURISPRUDENCE EXAMINATION. (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, midwifery board rules, and any other
applicable laws of this state affecting the applicant's midwifery
practice.
(b) Subject to the approval of the executive commissioner, the
midwifery board shall adopt rules to implement this section,
including rules related to the development and administration of
the examination, examination fees, guidelines for reexamination,
grading the examination, and providing notice of examination
results.
Added by Acts 2005, 79th Leg., Ch.
1240, Sec. 32, eff. September 1, 2005.
Sec. 203.2556. EXAMINATION RESULTS. (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 is
administered. If an examination is graded or reviewed by a
national testing service, the midwifery board shall notify each
examinee of the examination results not later than the 14th day
after the date the midwifery board receives the results from the
testing service.
(b) If the notice of the examination results graded or reviewed
by a national testing service will be delayed for more than 90
days after the examination date, the midwifery board shall notify
the examinee of the reason for the delay before the 90th day.
(c) The midwifery board may require a testing service to notify
an examinee of the examination results.
(d) If requested in writing by a person who fails an examination
administered under this chapter, the midwifery board shall
furnish the person with an analysis of the person's performance
on the examination.
Added by Acts 2005, 79th Leg., Ch.
1240, Sec. 32, eff. September 1, 2005.
Sec. 203.256. TRAINING IN NEWBORN SCREENING AND BASIC LIFE
SUPPORT CARDIOPULMONARY RESUSCITATION. 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 newborn screening tests under
Section 203.354 or has made arrangements for the performance of
those tests; and
(2) holds:
(A) a current certificate issued by the American Heart
Association in basic life support cardiopulmonary resuscitation;
or
(B) another form of certification acceptable to the department
that demonstrates proficiency in basic life support
cardiopulmonary resuscitation for adults and children.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER G. LICENSE RENEWAL
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, Sec. 34, eff. September 1, 2005.
Sec. 203.302. PROCEDURE FOR RENEWAL. (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 engage
in activities that require a license until the license has been
renewed.
(b) A person may renew an unexpired license by paying the
required renewal fee to the midwifery board before the expiration
date of the license.
(c) A person whose license has been expired for 90 days or less
may renew the license by paying to the midwifery board a fee that
is equal to 1-1/4 times the amount of the renewal fee.
(d) If a person's license has been expired for more than 90 days
but less than one year, the person may renew the license by
paying to the midwifery board a fee that is equal to 1-1/2 times
the amount of the renewal fee.
(e) A person whose license has been expired for one year or more
may not renew the license. The person may obtain a new license
by submitting to reexamination and complying with the
requirements and procedures for obtaining an initial license.
(f) Not later than the 30th day before the date a person's
license is scheduled to expire, the midwifery board shall send
written notice of the impending expiration to the person at the
person's last known address according to the records of the
midwifery board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1240, Sec. 35, eff. September 1, 2005.
Sec. 203.303. STAGGERED RENEWAL DATES. (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 which the license expiration date is
changed, license fees payable on the original expiration date
shall be prorated on a monthly basis so that each licensed
midwife pays only that portion of the license fee that is
allocable to the number of months during which the license is
valid.
(c) On renewal of the license on the new expiration date, the
total license renewal fee is payable.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1240, Sec. 36, eff. September 1, 2005.
Sec. 203.304. CONTINUING MIDWIFERY EDUCATION. (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 of continuing education
required to renew a license under this chapter.
(b) On renewal of the license, a midwife must provide the
program coordinator with evidence, acceptable under midwifery
board rules, of completion of continuing midwifery education as
prescribed by the midwifery board.
(c) The midwifery board by rule shall develop a process to
evaluate and approve continuing education courses.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1240, Sec. 37, eff. September 1, 2005.
Sec. 203.305. REQUIRED ATTENDANCE AT SPECIFIC MIDWIFERY
EDUCATION COURSES. 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.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1240, Sec. 38, eff. September 1, 2005.
Sec. 203.306. GROUNDS FOR REFUSING RENEWAL. 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 of the penalty is stayed or a court has ordered that
the administrative penalty is not owed.
Added by Acts 2005, 79th Leg., Ch.
1240, Sec. 39, eff. September 1, 2005.
SUBCHAPTER H. PRACTICE BY MIDWIFE
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 midwifery board shall prescribe the form of the informed
choice and disclosure statement required to be used by a midwife
under this chapter. The form must include:
(1) statistics of the midwife's experience as a midwife;
(2) the date the midwife's license expires;
(3) the date the midwife's cardiopulmonary resuscitation
certification expires;
(4) the midwife's compliance with continuing education
requirements;
(5) a description of medical backup arrangements; and
(6) the legal responsibilities of a midwife, including
statements concerning newborn blood screening, ophthalmia
neonatorum prevention, and prohibited acts under Sections
203.401-203.403.
(c) The informed choice statement must include a statement that
state law requires a newborn child to be tested for certain
heritable diseases and hypothyroidism. The midwife shall disclose
to a client whether the midwife is approved to collect blood
specimens to be used to perform the tests. If the midwife is not
approved to collect the blood specimens, the disclosure must
inform the client of the midwife's duty to refer the client to an
appropriate health care facility or physician for the collection
of the specimens.
(d) The disclosure of legal requirements required by this
section may not exceed 500 words and must be in English and
Spanish.
(e) A midwife shall disclose to a prospective or actual client
the procedure for reporting complaints to the department.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1240, Sec. 40, eff. September 1, 2005.
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 midwifery board rules, if the midwife determines that the
pregnancy, labor, delivery, postpartum period, or newborn period
of a woman or newborn may not be classified as normal for
purposes of this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 203.353. PREVENTION OF OPHTHALMIA NEONATORUM. 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.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
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 newborn
screening tests if the midwife has been approved by the
department to collect the specimen. Subject to the approval of
the executive commissioner, the midwifery board shall adopt rules
establishing the standards for approval. The standards must
recognize completion of a course of instruction that includes the
blood specimen collection procedure or verification by
appropriately trained health care providers that the midwife has
been instructed in the blood collection procedures.
(c) A midwife who is not approved to collect blood specimens for
newborn screening tests shall refer a client and her newborn to
an appropriate health care facility or physician for the
collection of the blood specimen and submission of the specimen
to the department.
(d) If the midwife has been approved by the department to
collect blood specimens under this section, the collection by the
midwife of blood specimens for the required newborn screening
tests does not constitute the practice of medicine as defined by
Subtitle B.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1240, Sec. 41, eff. September 1, 2005.
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 Section 121.004, Health and Safety Code.
(3) "Public health district" means a district created under
Subchapter E, Chapter 121, Health and Safety Code.
(b) The department and a local health department, a public
health district, or a local health unit shall provide clinical
and laboratory support services to a pregnant woman or a newborn
who is a client of a midwife if the midwife is required to
provide the services under this chapter.
(c) The laboratory services must include the performance of the
standard serological tests for syphilis and the collection of
blood specimens for newborn screening tests for phenylketonuria,
hypothyroidism, and other heritable diseases as required by law.
(d) The provider may charge a reasonable fee for the services. A
person may not be denied the services because of inability to
pay.
(e) If available, appropriately trained personnel from local
health departments, public health districts, and local health
units shall instruct licensed midwives in the approved techniques
for collecting blood specimens to be used to perform newborn
screening tests.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1240, Sec. 42, eff. September 1, 2005.
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 or refusal of the midwife to:
(1) collect the specimens in the approved manner; or
(2) submit the specimens to the department in a timely manner.
(b) A physician who issues an order directing or instructing a
midwife is immune from liability arising out of the failure or
refusal of the midwife to comply with the order if, before the
issuance of the order, the midwife provided the physician with
evidence satisfactory to the department of compliance with this
chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1240, Sec. 43, eff. September 1, 2005.
Sec. 203.357. ADDITIONAL INFORMATION REQUIRED. (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 to ascertain the nature
and extent of midwifery in this state. The midwifery board may
not require information regarding any act that is prohibited
under this chapter.
(b) With the approval of the midwifery board, the department
shall prescribe forms for the additional information and shall
distribute those forms directly to each midwife. Each midwife
must complete and return the forms to the department as
requested.
(c) Information received under this section may not be made
public in a manner that discloses the identity of any person to
whom the information relates. The information is not public
information as defined by Chapter 552, Government Code.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER I. PROHIBITED PRACTICES AND GROUNDS FOR DISCIPLINARY
ACTION
Sec. 203.401. PROHIBITED PRACTICES. 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 life
of a woman or newborn;
(2) administer a prescription drug to a client other than:
(A) a drug administered under the supervision of a licensed
physician in accordance with state law;
(B) prophylaxis approved by the department to prevent ophthalmia
neonatorum; or
(C) oxygen administered in accordance with midwifery board rule;
(3) use forceps or a surgical instrument for a procedure other
than cutting the umbilical cord or providing emergency first aid
during delivery;
(4) remove placenta by invasive techniques;
(5) use a mechanical device or medicine to advance or retard
labor or delivery; or
(6) make on a birth certificate a false statement or false
record in violation of Section 195.003, Health and Safety Code.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1240, Sec. 44, eff. September 1, 2005.
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 is licensed under this
chapter;
(2) advertise or represent that the midwife is a physician or a
graduate of a medical school unless the midwife is licensed to
practice medicine by the Texas Medical Board;
(3) use advertising or an identification statement that is
false, misleading, or deceptive; or
(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.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 553, Sec. 2.015, eff. Feb.
1, 2004.
Amended by:
Acts 2005, 79th Leg., Ch.
1240, Sec. 45, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch.
889, Sec. 36, eff. September 1, 2007.
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 midwife is certified by the North American
Registry of Midwives.
(b) A midwife may not use an identification statement or
advertisement that would lead a reasonable person to believe that
the midwife is certified by a governmental entity.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 203.404. GROUNDS FOR DISCIPLINARY ACTION. (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 the person:
(1) violates this chapter or a rule adopted under this chapter;
(2) submits false or misleading information to the midwifery
board or the department;
(3) is convicted of a misdemeanor involving moral turpitude or a
felony;
(4) uses alcohol or drugs intemperately;
(5) engages in unprofessional or dishonorable conduct that may
reasonably be determined to deceive or defraud the public;
(6) is unable to practice midwifery with reasonable skill and
safety because of illness, disability, or psychological
impairment;
(7) is determined by a court judgment to be mentally impaired;
(8) submits a birth or death certificate known by the person to
be false or fraudulent or engages in another act that violates
Title 3, Health and Safety Code, or a rule adopted under that
title;
(9) violates Chapter 244, Health and Safety Code, or a rule
adopted under that chapter; or
(10) fails to practice midwifery in a manner consistent with the
public health and safety.
(b) The midwifery board may discipline a licensed midwife and
may refuse to issue a license to an applicant for a disciplinary
action taken by another jurisdiction that affects the person's
authority to practice midwifery, including a suspension, a
revocation, or another action.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1240, Sec. 46, eff. September 1, 2005.
Sec. 203.405. EMERGENCY SUSPENSION. (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 midwife if the midwifery board or committee determines
from the evidence or information presented to it that continued
practice by the licensed midwife would constitute a continuing
and imminent threat to the public welfare.
(b) A license may be suspended under this section without notice
or hearing on the complaint if:
(1) action is taken to initiate proceedings for a hearing before
the State Office of Administrative Hearings simultaneously with
the temporary suspension; and
(2) a hearing is held as soon as practicable under this chapter
and Chapter 2001, Government Code.
(c) The State Office of Administrative Hearings shall hold a
preliminary hearing not later than the 14th day after the date of
the temporary suspension to determine if there is probable cause
to believe that a continuing and imminent threat to the public
welfare still exists. A final hearing on the matter shall be held
not later than the 61st day after the date of the temporary
suspension.
Added by Acts 2003, 78th Leg., ch. 326, Sec. 1, eff. Sept. 1,
2003.
Amended by:
Acts 2005, 79th Leg., Ch.
1240, Sec. 47, eff. September 1, 2005.
Sec. 203.406. REFUND. (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 resulting from an informal
settlement conference instead of or in addition to imposing an
administrative penalty under this chapter.
(b) The amount of a refund ordered as provided in an agreement
resulting from an informal settlement conference may not exceed
the amount the consumer paid to the licensed midwife for a
service regulated by this chapter. The midwifery board may not
require payment of other damages or estimate harm in a refund
order.
Added by Acts 2005, 79th Leg., Ch.
1240, Sec. 48, eff. September 1, 2005.
SUBCHAPTER J. ADMINISTRATIVE PENALTY
Sec. 203.451. IMPOSITION OF ADMINISTRATIVE PENALTY. 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 Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 203.452. AMOUNT OF ADMINISTRATIVE PENALTY. (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 amount shall be based on:
(1) the seriousness of the violation;
(2) the history of previous violations;
(3) the amount necessary to deter a future violation;
(4) efforts made to correct the violation; and
(5) any other matter that justice may require.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1240, Sec. 49, eff. September 1, 2005.
Sec. 203.453. NOTICE OF VIOLATION AND PENALTY. (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 has occurred, the midwifery board or
its designee shall give written notice of the violation to the
person alleged to have committed the violation.
(b) The notice must:
(1) include a brief summary of the alleged violation;
(2) state the amount of the proposed administrative penalty; and
(3) inform the person of the person's right to a hearing on the
occurrence of the violation, the amount of the penalty, or both.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 203.454. PENALTY TO BE PAID OR HEARING REQUESTED. (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 board or its designee's determination
and the proposed administrative penalty; or
(2) make a written request for a hearing on that determination.
(b) If the person accepts the midwifery board or its designee's
determination, the midwifery board by order shall approve the
determination and require the person to pay the proposed penalty.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 203.455. HEARING. (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 to the person. The
midwifery board or its designee may employ a hearings examiner
for this purpose.
(b) The hearings examiner shall make findings of fact and
conclusions of law and promptly issue to the midwifery board a
proposal for decision as to the occurrence of the violation and
the amount of the proposed administrative penalty.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 203.456. DECISION BY MIDWIFERY BOARD. (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 has occurred and impose an administrative
penalty; or
(2) a violation did not occur.
(b) The midwifery board shall give notice of the midwifery
board's order to the person. The notice must include:
(1) separate statements of the findings of fact and conclusions
of law;
(2) the amount of any penalty assessed; and
(3) a statement of the right of the person to judicial review of
the midwifery board's order.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 203.457. OPTIONS FOLLOWING DECISION: PAY OR APPEAL. (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) pay the penalty and file a petition for judicial review
contesting the fact of the violation, the amount of the penalty,
or both; or
(3) without paying the penalty, file a petition for judicial
review contesting the fact of the violation, the amount of the
penalty, or both.
(b) Within the 30-day period, a person who acts under Subsection
(a)(3) may:
(1) stay enforcement of the penalty by:
(A) paying the penalty to the court for placement in an escrow
account; or
(B) giving to the court a supersedeas bond that is approved by
the court and that:
(i) is for the amount of the penalty; and
(ii) is effective until judicial review of the order is final;
or
(2) request the court to stay enforcement of the penalty by:
(A) filing with the court a sworn affidavit of the person
stating that the person is financially unable to pay the amount
of the penalty and is financially unable to give the supersedeas
bond; and
(B) giving a copy of the affidavit to the midwifery board by
certified mail.
(c) If the midwifery board receives a copy of an affidavit under
Subsection (b)(2), the midwifery board may file with the court a
contest to the affidavit not later than the fifth day after the
date the copy is received.
(d) The court shall hold a hearing on the facts alleged in the
affidavit as soon as practicable and shall stay the enforcement
of the penalty on finding that the alleged facts are true. The
person who files an affidavit has the burden of proving that the
person is financially unable to pay the penalty and to give a
supersedeas bond.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 203.458. COLLECTION OF PENALTY. (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 board may assess reasonable expenses and costs
against a person in an administrative hearing if, as a result of
the hearing, an administrative penalty is assessed against the
person. The person shall pay expenses and costs assessed under
this subsection not later than the 30th day after the date the
order of the midwifery board requiring the payment of expenses
and costs is final. The midwifery board may refer the matter to
the attorney general for collection of the expenses and costs.
(c) If the attorney general brings an action against a person to
enforce an administrative penalty assessed under this chapter and
the person is found liable for an administrative penalty, the
attorney general may recover, on behalf of the attorney general,
the midwifery board, and the department, reasonable expenses and
costs.
(d) In this section, reasonable expenses and costs includes
expenses incurred by the department, the midwifery board, and the
attorney general in the investigation, initiation, or prosecution
of an action, including reasonable investigative costs, court
costs, attorney's fees, witness fees, and deposition expenses.
(e) Costs and expenses collected under this section shall be
deposited in the state treasury to the credit of a special
account that may be appropriated only to the department. Section
403.095, Government Code, does not apply to the account.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 203.459. DETERMINATION BY COURT. (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 the
person to pay the fu