reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 114 - ORTHOTISTS AND PROSTHETISTS › Section 114.70 - Responsibilities of Licensees

Current through Reg. 49, No. 28; July 12, 2024
(a) Persons to
				whom a license has been issued shall return the license to the department upon
				the surrender, revocation or suspension of the license.
(b) All applicants, licensees, registrants
				and accredited facilities shall notify the department of any change(s) of name
				or mailing address. Accredited facilities shall notify the department of any
				change(s) in the facility name, the name of the safety manager and the
				practitioner in charge, the mailing address and physical address. Written
				notification to the department and the appropriate fee shall be submitted to
				the department within thirty (30) days after a change is effective. Changes in
				a facility's physical location or ownership require a new application for
				accreditation.
(c) Name changes.
				Before the department will issue a new license certificate and identification
				card, notification of name changes must be received by the department.
				Notification shall include a copy of a marriage certificate, court decree
				evidencing the change, or a Social Security card reflecting the licensee's or
				registrant's new name.
(d) Consumer
				complaint information notices. All licensees, registrants and accredited
				facilities, excluding facilities that a licensee visits to treat patients, such
				as hospitals, nursing homes or patients' homes, shall prominently display a
				consumer complaint notice or sign in a waiting room or other area where it
				shall be visible to all patients. Lettering shall be at least one-fourth inch,
				or font size 30, in height, with contrasting background, containing the
				department's name, website, mailing address, and telephone number for the
				purpose of directing complaints to the department regarding a person or
				facility regulated or requiring regulation under the Act. Script or calligraphy
				prints are not allowed. The notice shall be worded as specified by the
				department.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 114 - ORTHOTISTS AND PROSTHETISTS › Section 114.75 - Scope and Conditions of Practice

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Initial patient consultation in facilities providing inpatient healthcare,
				rehabilitation, or therapy may be performed only pursuant to:
(1) a written request for consultation for
				the specific patient that has been signed by a member of that patient's
				healthcare team from the facility, including the licensed physician, health
				care professional, physical therapist, or occupational therapist; or
(2) a request initiated by the patient or the
				patient's representative before any consultation in the facility is
				performed.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 114 - ORTHOTISTS AND PROSTHETISTS › Section 114.80 - Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) All fees paid to the department are
				nonrefundable. A new application for accreditation of a facility and payment of
				the initial accreditation fee may be required for certain changes at a facility
				in accordance with §114.29(c).
(b) Schedule of fees.
(1) prosthetist or orthotist license or
				license renewal--$300;
(2)
				prosthetist/orthotist license or license renewal--$400;
(3) prosthetist or orthotist assistant
				license or license renewal--$200;
(4) prosthetist/orthotist assistant license
				or license renewal--$250;
(5)
				prosthetic or orthotic student registration or registration
				renewal--$75;
(6)
				prosthetic/orthotic student registration or registration
				renewal--$100;
(7) prosthetist or
				orthotist temporary license or temporary license renewal--$150;
(8) prosthetist/orthotist temporary license
				or temporary license renewal--$200;
(9) prosthetic or orthotic facility
				accreditation or accreditation renewal--$400;
(10) prosthetic/orthotic facility
				accreditation or accreditation renewal--$500;
(11) upgrade for student registrant after
				passing the examination:
(A) one
				category--$200;
(B) two
				categories--$300;
(12)
				changing the name of the on-site practitioner in charge of an accredited
				facility--$0;
(13) changing the
				name of the safety manager of an accredited facility--$0;
(14) changing the name of an accredited
				facility--$50;
(15) retired
				voluntary charity care prosthetist or orthotist license renewal--$0;
(16) retired voluntary charity care
				prosthetist/orthotist license renewal--$0;
(17) prosthetist with orthotist assistant
				license or orthotist with prosthetist assistant license
				renewal--$350;
(18) license,
				registration, or accreditation duplicate or replacement--$25;
(19) orthotic or prosthetic
				examination--shall be determined by the department and shall consist of the
				examination fee in accordance with the current examination contract plus an
				administrative fee.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 114 - ORTHOTISTS AND PROSTHETISTS › Section 114.90 - Professional Standards and Basis for Disciplinary Action

Current through Reg. 49, No. 28; July 12, 2024
(a) General. This section is authorized under
				the Act and Chapter 51 of the Texas Occupations Code.
(1) If a person or entity violates any
				provision of Texas Occupations Code, Chapters 51, 605, or any other applicable
				provision, this chapter, or a rule or order issued by the executive director or
				commission, proceedings may be instituted to impose administrative penalties,
				administrative sanctions, or both in accordance with the provisions of the
				Texas Occupations Code and the associated rules.
(2) The enforcement authority granted under
				Texas Occupations Code, Chapters 51 and 605, and any associated rules may be
				used to enforce the Texas Occupations Code and this chapter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 114 - ORTHOTISTS AND PROSTHETISTS › Section 114.95 - Complaints

Current through Reg. 49, No. 28; July 12, 2024
(a) All information and materials subpoenaed
				or compiled by the department in connection with a complaint and investigation
				under this chapter are confidential in accordance with §605.2021 of the
				Act.
(b) The department shall list
				with its business telephone number a toll-free telephone number established to
				accept complaints relating to a health profession regulated by the
				department.
(c) For purposes of
				this section, a health profession is a profession for which the enabling
				statute is located in Title 3, Occupations Code, or that is determined to be a
				health profession under other law.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 115 - MIDWIVES › Section 115.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms when used in this chapter have
				  the following meaning unless the context clearly indicates otherwise.
(1) Act--The Texas Midwifery Act, Texas
				Occupations Code, Chapter 203.
(2)
				Advisory Board--The Midwives Advisory Board appointed by the presiding officer
				of the Commission with the approval of the Commission.
(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.
(4) Basic midwifery
				education course --A course approved by the department to fulfill the education
				requirement for obtaining an initial midwife license.
(5) Collaboration--The process in which a
				midwife and a physician or another licensed health care professional of a
				different profession jointly manage the care of a woman or newborn according to
				a mutually agreed-upon plan of care.
(6) Commission--The Texas Commission of
				Licensing and Regulation.
(7)
				Compensation--Direct or indirect payment of anything of monetary value, except
				payment or reimbursement of reasonable, necessary, and actual travel and
				related expenses.
(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.
(9) CPR
				certification--Official documentation of successful completion of a course in
				cardiopulmonary resuscitation issued by:
(A)
				the American Heart Association, for health care providers;
(B) the Red Cross, for the professional
				rescuer;
(C) the National Safety
				Council, for healthcare providers and the professional rescuer; or
(D) any other provider of a CPR course for
				health care providers currently accepted by the Department of State Health
				Services' Office of EMS/Trauma Systems Coordination.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 115 - MIDWIVES › Section 115.3 - Midwives Advisory Board Duties

Current through Reg. 49, No. 28; July 12, 2024
The advisory board shall provide advice and recommendations
				  to the department on technical matters relevant to the administration of this
				  chapter, including scope of practice and health related standards of
				  care.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 115 - MIDWIVES › Section 115.4 - Advisory Board Membership

Current through Reg. 49, No. 28; July 12, 2024
The Midwives 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 practice of midwifery;
(2) 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;
(3) one physician member who is certified by
				a national professional organization of physicians that certifies obstetricians
				and gynecologists; and
(4) one
				physician member who is certified by a national professional organization of
				physicians that certifies family practitioners or pediatricians.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 115 - MIDWIVES › Section 115.5 - Terms; Vacancies

Current through Reg. 49, No. 28; July 12, 2024
(a) Members of the
				advisory board serve staggered six-year terms. The terms of three members
				expire on January 31st of each odd-numbered year.
(b) If a vacancy occurs on the board during a
				member's term, the presiding officer of the commission, with the commission's
				approval, must appoint a replacement who meets the qualifications for the
				vacant position to serve for the remainder of the term.
(c) A member of the advisory board may be
				removed from the advisory board pursuant to Texas Occupations Code §
									RSA
				51.209, Advisory Boards; Removal of Advisory
				Board Member.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 115 - MIDWIVES › Section 115.6 - Officers

Current through Reg. 49, No. 28; July 12, 2024
(a) The presiding officer of the commission
				shall designate a member of the advisory board as the presiding officer of the
				advisory board to serve for a term of one year.
(b) The presiding officer of the advisory
				board shall preside at all board meetings at which he or she is in attendance.
				The presiding officer of the advisory board may vote on any matter before the
				advisory board.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 115 - MIDWIVES › Section 115.7 - Meetings

Current through Reg. 49, No. 28; July 12, 2024
(a) The advisory board shall meet at the call
				of the presiding officer of the commission or the executive director.
(b) A quorum of the advisory board is
				necessary to conduct official business.
(c) Advisory board action shall require a
				majority vote of those members present and voting.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 115 - MIDWIVES › Section 115.12 - General Application Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless
				otherwise indicated, all applications, required information, and documentation
				of credentials must be submitted on department-approved forms and in the manner
				prescribed by the department.
(b)
				Applicants must submit original or certified copies of documents if requested
				by the department.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 115 - MIDWIVES › Section 115.13 - Initial Application for Licensure

Current through Reg. 49, No. 28; July 12, 2024
(a) Initial
				licensure. An individual may apply for licensure as a midwife at any time
				during the year by submitting the following to the department:
(1) a completed application;
(2) proof of successful completion of a
				continuing education course covering the current Texas Midwifery Basic
				Information and Instructor Manual;
(3) proof of one of the following:
(A) Certified Professional Midwife
				certification by NARM; or
(B)
				successful completion and passing of:
(i) a
				basic midwifery education course; and
(ii) the NARM exam or any other comprehensive
				exam approved by the department;
(4) proof of current CPR
				certification;
(5) proof of current
				certification in neonatal resuscitation, §§1 - 4, from the American
				Academy of Pediatrics or an equivalent certification approved by the
				department;
(6) proof of one of the
				following:
(A) satisfactory completion of
				training in the collection of newborn screening specimens; or
(B) an established relationship with another
				qualified and appropriately credentialed health care provider who has agreed to
				collect newborn screening specimens on behalf of the applicant;
(7) the fee required under
				§115.80; and
(8) proof of
				passing the jurisprudence examination approved by the department within one
				year prior to the date of application.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 115 - MIDWIVES › Section 115.14 - License Renewal

Current through Reg. 49, No. 28; July 12, 2024
(a) A midwife
				license may be renewed for a two-year period by submitting to the department:
(1) a completed application;
(2) if selected for audit, proof of
				completion of at least 20 contact hours of continuing education since the
				license was last issued or renewed;
(3) proof of current CPR
				certification;
(4) proof of current
				certification in neonatal resuscitation, §§1 - 4, from the American
				Academy of Pediatrics or an equivalent certification approved by the
				department;
(5) the fee required
				under §115.80;
(6) proof of
				passing the jurisprudence examination approved by the department in the four
				years preceding renewal; and
(7)
				proof of completion of the human trafficking prevention training required under
				Occupations Code, Chapter 116.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 115 - MIDWIVES › Section 115.15 - Late Renewal

Current through Reg. 49, No. 28; July 12, 2024
Late license renewal. A midwife whose license has expired may
				  apply for late license renewal in accordance with the department's procedural
				  rules at 16 TAC §
									60.31 and §60.83.
				  Applications for late license renewal must include the following:
(1) each of the items required for timely
				renewal;and
(2) the fee required
				under §115.80.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 115 - MIDWIVES › Section 115.16 - Retired Voluntary Charity Care Status License

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability.
				This section implements Texas Occupations Code, Chapter 112. This section
				applies to a person who holds a midwife license issued by the
				department.
(b) Eligibility. To be
				eligible for a retired voluntary charity care status license, the person must:
(1) hold an active midwife license issued by
				the department;
(2) not have any
				pending or current disciplinary actions against the person or the person's
				license; and
(3) not be employed,
				under contract, or otherwise engaged in the practice of midwifery for
				compensation.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 115 - MIDWIVES › Section 115.20 - Basic Midwifery Education Course Eligibility

Current through Reg. 49, No. 28; July 12, 2024
To be eligible for approval by the department as a basic
				  midwifery education course, a course must:
(1) have a course administrator and site in
				Texas;
(2) be offered only by an
				individual or organization meeting the requirements for course approval
				established by this section;
(3)
				include a didactic component which must:
(A)
				be based upon and completely cover the current Core Competencies and Standards
				of Practice of MANA and the current Texas Midwifery Basic Information
				Manual;
(B) prepare the student to
				apply for certification by NARM; and
(C) include a minimum of 250 hours course
				work.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 115 - MIDWIVES › Section 115.21 - Basic Midwifery Education Course Approval

Current through Reg. 49, No. 28; July 12, 2024
(a) Course
				approval.
(1) To obtain initial approval as a
				basic midwifery education course, the course administrator must submit to the
				department a completed application, the fee required under §115.80, and
				the following supporting documentation:
(A)
				course outline;
(B) course
				curriculum with specific content references to:
(i) MANA Core Competencies;
(ii) NARM Written Test
				Specifications;
(iii) NARM Skills
				Assessment Test Specifications;
(iv) Texas Midwifery Basic Information and
				Instructor Manual; and
(v) protocol
				writing, adaptation, and revision;
(C) identification of didactic and
				preceptorship teaching sites;
(D) a
				financial statement or balance sheet (within the last year) for the course
				administrator or course owner demonstrating the ability to provide refunds to
				any students who enroll; and
(E)
				written policies to include:
(i) entrance
				requirements;
(ii) a tuition
				schedule and a list of all additional fees or charges;
(iii) cancellation and refund policy,
				including the right of any prospective student to cancel an enrollment
				agreement within 72 hours after signing the agreement and receive a full refund
				of any money paid;
(iv) student
				attendance, progress, and grievance policies;
(v) rules of operation and conduct of course
				personnel;
(vi) information on the
				requirements for state licensure, including the notice required by Occupations
				Code §
												53.152;
(vii) disclosure of the approval status of
				the course; and
(viii) maintenance
				of student files.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 115 - MIDWIVES › Section 115.22 - Preceptor Supervisory Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
(a) All clinical
				experience activities performed by a student must be under the direct
				supervision of a preceptor in accordance with this section.
(1) The student must always be directly
				supervised regardless of whether the activities are being counted toward the
				student's education.
(2) The
				student must perform only the activities authorized by the preceptor.
(3) The student must not advertise, or
				represent to the public in any way, that the student is a midwife.
(4) The student must not receive compensation
				from a client for performing supervised activities.
(5) Before any service involving a student is
				provided to a client:
(A) the client must be
				informed in writing of:
(i) the requirements
				of this section;
(ii) the identity
				and license status of the preceptor and the student;
(iii) the services that will be provided
				under direct supervision to the client; and
(B) the client must consent in writing to the
				services being provided under direct supervision.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 115 - MIDWIVES › Section 115.23 - Jurisprudence Examination

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				shall develop a jurisprudence examination.
(b) The subject matter covered by the
				examination shall include the Act, this chapter, and other Texas laws and rules
				which affect midwifery practice, as described in the current Texas Midwifery
				Basic Information and Instructor Manual.
(c) The department shall review and update
				the examination as needed.
(d) The
				department may contract with a vendor to administer the examination.
				Examination fees will be determined by the vendor contract and will be posted
				on the department's website. Reexaminations will be made available as
				necessary. The department or the contracting vendor will grade the examination
				and provide notice of results to the individual who took the
				examination.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 115 - MIDWIVES › Section 115.25 - Continuing Education

Current through Reg. 49, No. 28; July 12, 2024
All continuing education taken by midwives for the purpose of
				  obtaining or renewing a midwifery license must be in accordance with this
				  section.
(1) Courses may be offered by
				any individual or organization that meets the requirements for course approval
				established by this section.
(2)
				Course curriculum must provide an educational experience which:
(A) covers established knowledge or new
				developments in the fields of midwifery, related disciplines; and
(B) shall be presented in standard contact
				hour increments for continuing health education.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 115 - MIDWIVES › Section 115.70 - Standards of Conduct

Current through Reg. 49, No. 28; July 12, 2024
The following are grounds for denial of application for
				  licensure or license renewal and for disciplinary action.
(1) The commission or executive director may
				deny an application for initial licensure or license renewal and may take
				disciplinary action against any person based upon proof of the following:
(A) violation of the Act or rules adopted
				under the Act;
(B) submission of
				false or misleading information to the department;
(C) intemperate use of alcohol or drugs while
				engaged in the practice of midwifery;
(D) unprofessional or dishonorable conduct
				that may reasonably be determined to deceive or defraud the public;
(E) inability to practice midwifery with
				reasonable skill and safety because of illness, disability, or psychological
				impairment;
(F) judgment by a court
				of competent jurisdiction that the individual is mentally impaired;
(G) disciplinary action taken by another
				jurisdiction affecting the applicant's legal authority to practice
				midwifery;
(H) submission of a
				birth or death certificate known by the individual to be false or fraudulent,
				or other noncompliance with Health and Safety Code, Chapter 191, or 25 Texas
				Administrative Code (TAC), Chapter 181 (relating to Vital
				Statistics);
(I) noncompliance with
				Health and Safety Code, Chapter 244, or 25 TAC, Chapter 137 (relating to
				Birthing Centers);
(J) failure to
				practice midwifery in a manner consistent with the public health and
				safety;
(K) failure to submit
				midwifery records in connection with the investigation of a
				complaint;
(L) failure to use
				generally accepted standards of midwifery care;
(M) failure to exercise ordinary diligence in
				the provision of midwifery care;
(N) failure to act competently in the
				provision of midwifery care; or
(O)
				a material misrepresentation knowingly made to the department on any matter or
				to a client during the provision of midwifery care.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 115 - MIDWIVES › Section 115.75 - License Surrender

Current through Reg. 49, No. 28; July 12, 2024
(a) A license
				issued by the department is the property of the department and shall be
				surrendered on demand.
(b) A
				licensee may also voluntarily surrender his or her license to the
				department.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 115 - MIDWIVES › Section 115.80 - Fees

Current through Reg. 49, No. 28; July 12, 2024
All fees must be made payable to the department and are
				  nonrefundable.
(1) Midwife license
				initial application fee--$195
(2)
				Midwife license renewal application fee--$390 for each two-year renewal
				period
(3) Duplicate license
				fee--$20
(4) Retired voluntary
				charity care status license initial application fee--$0
(5) Retired voluntary charity care status
				license renewal application fee--$0
(6) Jurisprudence examination
				fee--$35
(7) Basic midwifery
				education course initial application fee--$150
(8) Basic midwifery education course on-site
				evaluation fee--$500
(9) Late
				renewal fees for licenses issued under this chapter are provided under §
									60.83 of this title (relating to
				Late Renewal Fees).
(10)
				Dishonored/returned check or payment fee is the fee prescribed under §
									60.82 of this title (relating to
				Dishonored Payment Device).
(11)
				The fee for a criminal history evaluation letter is the fee prescribed under
				§
									60.42 of this title (relating to
				Criminal History Evaluation Letters).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 115 - MIDWIVES › Section 115.100 - Standards for the Practice of Midwifery in Texas

Current through Reg. 49, No. 28; July 12, 2024
(a) Using
				reasonable skill and knowledge, the midwife must:
(1) provide clients with a description of the
				scope of midwifery services and information regarding the client's rights and
				responsibilities in accordance with the Act;
(2) assess the client on an ongoing basis for
				any factors which might preclude a client from admission into or continuing in
				midwifery care and document that assessment in the midwifery record;
(3) provide clients with information about
				other providers and services when requested or when the care required is not
				within the scope of practice of midwifery; and
(4) practice in accordance with the
				knowledge, clinical skills, and judgments described in the current adopted
				version of the MANA Core Competencies for Basic Midwifery Practice, within the
				bounds of the midwifery scope of practice as defined by the Act and this
				chapter;
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 115 - MIDWIVES › Section 115.111 - Coordinating Care with Other Health Care Providers

Current through Reg. 49, No. 28; July 12, 2024
(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.
(b) If a client who is at a low risk of
				developing complications elects not to accept a referral or a physician or
				associate's advice, the midwife shall:
(1)
				continue to care for the client after discussing and documenting the risks in
				the midwifery record, which shall include informing the client that her
				condition may worsen and require transfer;
(2) seek a consultation;
(3) manage the client in collaboration with
				an appropriate health care professional; or
(4) terminate care.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 115 - MIDWIVES › Section 115.112 - Termination of the Midwife-Client Relationship

Current through Reg. 49, No. 28; July 12, 2024
A midwife shall terminate care of a client only in accordance
				  with this section unless a transfer of care results from an emergency
				  situation.
(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
(C) the midwife
				formally terminates the relationship.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 115 - MIDWIVES › Section 115.113 - Transfer of Care in an Emergency Situation

Current through Reg. 49, No. 28; July 12, 2024
(a) In an emergency situation, the midwife
				shall initiate emergency care as indicated by the situation and immediate
				transfer of care by making a reasonable effort to contact the health care
				professional or institution to whom the client will be transferred and to
				follow the health care professional's instructions; and continue emergency care
				as needed while:
(1) transporting the client
				by private vehicle; or
(2) calling
				911 and reporting the need for immediate transfer.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 115 - MIDWIVES › Section 115.114 - Prenatal Care

Current through Reg. 49, No. 28; July 12, 2024
(a) Using
				reasonable skill and knowledge, 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, including antenatal testing if necessary; develop and
				implement a plan of care; thereafter evaluate the client's condition on an
				ongoing basis; and modify the plan of care as necessary. Health
				education/counseling shall be provided by the midwife as appropriate.
(b) If on initial or subsequent assessment,
				one of the following conditions exists, the midwife shall recommend referral
				and document that recommendation in the midwifery record:
(1) infection requiring antimicrobial
				therapy;
(2) Hepatitis;
(3) non-insulin dependent diabetes;
(4) thyroid disease;
(5) current drug or alcohol abuse;
(6) asthma;
(7) abnormal pap smear (consistent with
				malignancy or pre-malignancy) during the current pregnancy;
(8) seizure disorder;
(9) prior cesarean section (except for prior
				classical or vertical incision, which will require transfer in accordance with
				subsection (c)(8));
(10) twin
				gestation;
(11) history of prior
				antepartum or neonatal death;
(12)
				history of prior infant with a genetic disorder;
(13) abnormal vaginal bleeding;
(14) maternal age less than 15 at estimated
				date of delivery;
(15) history of
				cancer (except for ovarian, breast, uterine, or cervical cancer which will
				require transfer in accordance with subsection (c)(16));
(16) psychiatric illness; or
(17) any other condition or symptom which
				could adversely affect the mother or fetus, as assessed by a midwife exercising
				reasonable skill and knowledge.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 115 - MIDWIVES › Section 115.115 - Labor and Delivery

Current through Reg. 49, No. 28; July 12, 2024
(a) Using
				reasonable skill and knowledge, the midwife shall evaluate the client when the
				midwife arrives for labor and delivery, by obtaining a history, performing a
				physical exam, and collecting laboratory specimens.
(b) The midwife shall monitor the client's
				progress in labor by monitoring vital signs, contractions, fetal heart tones,
				cervical dilation, effacement, station, presentation, membrane status,
				input/output and subjective status as indicated.
(c) The midwife shall assist only in normal,
				spontaneous vaginal deliveries as allowed by the Act or this chapter.
(d) The midwife shall not engage in the
				following:
(1) application of fundal pressure
				on abdomen or uterus during first or second stage of labor;
(2) administration of oxytocin, ergot, or
				prostaglandins prior to or during first or second stage of labor; or
(3) any other prohibited practice as
				delineated by the Act, §203.401 (relating to Prohibited
				Practices).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 115 - MIDWIVES › Section 115.116 - Postpartum Care

Current through Reg. 49, No. 28; July 12, 2024
(a) Using
				reasonable skill and knowledge, the midwife shall assess the mother during the
				immediate postpartum period by monitoring vital signs, uterine fundus, bleeding
				and subjective status for a minimum of two hours after mother's condition is
				stable as indicated.
(b) Using
				reasonable skill and knowledge, the midwife shall:
(1) collect, assess and document maternal
				care data throughout the postpartum period including history, physical exam,
				laboratory testing;
(2) develop and
				implement a plan of care;
(3)
				evaluate the client's condition on an ongoing basis and modify the plan of care
				as necessary; and
(4) provide
				health education/counseling.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 115 - MIDWIVES › Section 115.117 - Newborn Care During the First Six Weeks After Birth

Current through Reg. 49, No. 28; July 12, 2024
(a) Prior to delivery, the midwife shall
				establish a plan with the client for continuing care of the newborn. This plan
				shall:
(1) include referral or transfer to a
				health care professional who has current pediatric knowledge;
(2) include a recommendation that the client
				pre-arrange the timing of the first newborn visit with the health care
				professional; and
(3) be documented
				in the midwifery record.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 115 - MIDWIVES › Section 115.118 - Administration of Oxygen

Current through Reg. 49, No. 28; July 12, 2024
(a) A midwife is
				not required to use oxygen but remains responsible for assessing the client and
				newborn, recommending referral, and recommending transfer or transport of the
				mother and newborn.
(b) This
				section establishes that:
(1) intrapartum
				oxygen may be administered to the mother for the following:
(A) fetal heart rate irregularities while
				assessing for consultation and/or possible transfer;
(B) cord prolapse prior to
				transport;
(C) signs or symptoms of
				maternal shock or hemorrhage prior to transport;
(D) as indicated by American Heart
				Association Cardiopulmonary Resuscitation Guidelines; or
(E) other situations not listed above and
				deemed necessary according to generally accepted standards of midwifery
				practice to protect the health and well-being of the mother or fetus;
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 115 - MIDWIVES › Section 115.119 - Eye Prophylaxis

Current through Reg. 49, No. 28; July 12, 2024
(a) Each midwife
				is responsible for administering or causing to be administered to every infant
				which she or he delivers the necessary eye prophylaxis to prevent ophthalmia
				neonatorum in accordance with the medications specified in Health and Safety
				Code, §
									RSA
				81.091.
(b) A midwife in attendance at childbirth who
				is unable to apply prophylaxis as required by Section
				RSA
				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. The midwife in attendance at
				childbirth shall ensure that the administration of eye prophylaxis, or the
				objection of the parent, managing conservator, or guardian, is entered into the
				medical record of the child.
(c)
				The administration and possession of prophylaxis by a midwife is not a
				violation of the provisions of the Health and Safety Code, Chapter 483,
				concerning dangerous drugs
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 115 - MIDWIVES › Section 115.120 - Newborn Screening

Current through Reg. 49, No. 28; July 12, 2024
(a) Each midwife who
				attends the birth of a child is responsible for collecting blood specimens for
				newborn screening tests to the extent required by the Health and Safety Code,
				Chapters 33 and 34, and 25 TAC §§
									37.51-
				37.65, or making a referral in
				accordance with this subsection. A midwife must not collect blood specimens for
				the tests without appropriate training. Each midwife must have one of the
				following documents on file with the department to maintain licensure.
(1) Midwife Training Certification Form for
				Newborn Screening Specimen Collection. A midwife who chooses to collect blood
				specimens for the newborn screening tests must first obtain training to collect
				blood specimens from an appropriate health care facility. Instruction must be
				based upon the procedure for newborn screening developed by the Department of
				State Health Service's Newborn Screening Program under authority of the Health
				and Safety Code, Chapter 33, as implemented in 25 TAC, Chapter 37, Subchapter
				D. At the completion of the instruction for newborn screening blood collection,
				the midwife must request that the form Midwife Training Certification Form for
				Newborn Screening Specimen Collection be signed by the designated
				representative of the health care facility, attesting to the fact that the
				midwife has complied with this requirement. This training, as part of the
				licensure requirements, is only necessary once unless there is a change in
				screening procedures. A midwife who submits to the department a completed form
				in compliance with this paragraph is considered approved by the department to
				collect blood specimens for the newborn screening tests.
(2) Newborn Screening Agreement for Newborn
				Babies of Midwife Clients. The midwife could also choose to refer the family to
				have the infant's screening done at an appropriate health care facility. In
				this case, the midwife must use the form Newborn Screening Agreement for
				Newborn Babies of Midwife Clients to attest to her responsibility for seeing
				that the screening is done and to designate a facility for such screening. The
				form must include a section where the facility representative signs, agreeing
				that the facility will do the screening.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 115 - MIDWIVES › Section 115.121 - Informed Choice and Disclosure Statement

Current through Reg. 49, No. 28; July 12, 2024
(a) A midwife must
				use the form prescribed by the department to meet the written informed choice
				and disclosure requirements of §203.351 of the Act.
(b) The content of the form described in
				subsection (a) must be provided to a prospective client in both oral and
				written form before any midwifery service is provided.
(c) A student performing clinical experience
				activities must have informed consent as required by §115.22.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 115 - MIDWIVES › Section 115.122 - Obtain Complaint Information without Consent of Client

Current through Reg. 49, No. 28; July 12, 2024
The department shall obtain all relevant midwifery records
				  and medical records necessary to conduct an investigation of a complaint
				  without the necessity of consent of the midwife's client.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 115 - MIDWIVES › Section 115.123 - Administrative Penalties and Sanctions

Current through Reg. 49, No. 28; July 12, 2024
If a person or entity violates any provision of Texas
				  Occupations Code, Chapters 51 or 203, this chapter, or any rule or order of the
				  executive director or commission, proceedings may be instituted to impose
				  administrative penalties, administrative sanctions, or both in accordance with
				  the provisions of Texas Occupations Code, Chapter 51 and 203 and any associated
				  rules.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 115 - MIDWIVES › Section 115.125 - Enforcement Authority

Current through Reg. 49, No. 28; July 12, 2024
The enforcement authority granted under Texas Occupations
				  Code, Chapters 51 and 203 and any associated rules may be used to enforce Texas
				  Occupations Code, Chapters 51, 203 and this chapter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 116 - DIETITIANS › Subchapter A - GENERAL PROVISIONS › Section 116.1 - Authority

Current through Reg. 49, No. 28; July 12, 2024
The sections in this chapter are promulgated under the
					 authority of the Texas Occupations Code, Chapters 51 and 701.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 116 - DIETITIANS › Subchapter B - DIETITIANS ADVISORY BOARD › Section 116.10 - Membership

Current through Reg. 49, No. 28; July 12, 2024
The Dietitians Advisory Board consists of nine members
					 appointed by the presiding officer of the commission with the approval of the
					 commission as follows:
(1) six
				  licensed dietitian members, each of whom has been licensed under the Act for
				  not less than three years before the member's date of appointment;
				  and
(2) three members who represent
				  the public.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 116 - DIETITIANS › Subchapter B - DIETITIANS ADVISORY BOARD › Section 116.11 - Duties

Current through Reg. 49, No. 28; July 12, 2024
The advisory board shall provide advice and recommendations
					 to the department on technical matters relevant to the administration of the
					 Act and this chapter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 116 - DIETITIANS › Subchapter B - DIETITIANS ADVISORY BOARD › Section 116.12 - Terms; Vacancies

Current through Reg. 49, No. 28; July 12, 2024
(a) Members of the
				  advisory board serve staggered six-year terms. The terms of three members begin
				  on September 1 of each odd-numbered year.
(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 qualifications for the vacant
				  position to serve for the remainder of the term.
(c) A member of the advisory board may be
				  removed from the advisory board pursuant to Texas Occupations Code §
										RSA
				  51.209, Advisory Boards; Removal of Advisory
				  Board Member.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 116 - DIETITIANS › Subchapter B - DIETITIANS ADVISORY BOARD › Section 116.13 - Officers

Current through Reg. 49, No. 28; July 12, 2024
(a) The presiding officer of the commission
				  shall designate a member of the advisory board as the presiding officer of the
				  advisory board to serve for a term of one year.
(b) The presiding officer of the advisory
				  board shall preside at all board meetings at which he or she is in attendance.
				  The presiding officer of the advisory board may vote on any matter before the
				  advisory board.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 116 - DIETITIANS › Subchapter B - DIETITIANS ADVISORY BOARD › Section 116.14 - Meetings

Current through Reg. 49, No. 28; July 12, 2024
(a) The advisory board shall meet at the call
				  of the presiding officer of the commission or the executive director.
(b) A quorum of the advisory board is
				  necessary to conduct official business. A quorum is five members.
(c) Advisory board action shall require a
				  majority vote of those members present and voting.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 116 - DIETITIANS › Subchapter C - EDUCATION AND EXPERIENCE REQUIREMENTS › Section 116.20 - Education Requirements - Degrees and Course Work

Current through Reg. 49, No. 28; July 12, 2024
(a) The department shall accept as meeting
				  licensure requirements baccalaureate and post-baccalaureate degrees and course
				  work received from United States colleges or universities which held
				  accreditation, at the time the degree was conferred or the course work was
				  taken, from accepted regional educational accrediting associations as reported
				  by the American Association of Collegiate Registrars and Admissions
				  Officers.
(b) Degrees and course
				  work received at foreign colleges and universities shall be acceptable only if
				  such course work could be counted as transfer credit from accredited colleges
				  or universities as reported by the American Association of Collegiate
				  Registrars and Admissions Officers.
(c) A person applying for licensure must
				  possess a baccalaureate or post-baccalaureate degree with:
(1) a major course of study in human
				  nutrition, food and nutrition, nutrition education dietetics, or food systems
				  management; or
(2) an equivalent
				  major course of study approved by the department.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 116 - DIETITIANS › Subchapter C - EDUCATION AND EXPERIENCE REQUIREMENTS › Section 116.22 - Experience Requirements - Internships and Professional Experience Programs

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant for examination must have
				  satisfactorily completed an approved internship or preplanned, documented,
				  professional experience program in dietetics practice of not less than 900
				  hours under the supervision of a licensed dietitian or a registered dietitian.
(b) For purposes of meeting the
				  requirements under subsection (a), the department approves and accepts the
				  following, which are approved or recognized by the CDR or ACEND:
(1) a dietetic internship;
(2) a coordinated undergraduate program in
				  dietetics;
(3) an individualized
				  supervised practice pathway (ISPP) in dietetics; or
(4) a professional experience program in
				  dietetics.