Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 137 - BIRTHING CENTERS › Subchapter D - OPERATIONAL AND CLINICAL STANDARDS FOR THE PROVISION AND COORDINATION OF TREATMENT AND SERVICES › Section 137.55 - Other State and Federal Compliance Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) A center utilizing the services of a
				  licensed midwife shall ensure that all licensed midwives utilized do not
				  violate the Texas Midwifery Act, Texas Occupations Code, Chapter 203,
				  concerning prohibited acts and criminal penalties, while functioning in his or
				  her capacity at or for the center.
(b) A center shall ensure that its licensed
				  midwives comply with Title 22 Texas Administrative Code, Chapter 831 (relating
				  to Midwifery), while functioning in his or her capacity at or for the
				  center.
(c) A center that provides
				  laboratory services shall meet the Clinical Laboratory Improvement Amendments
				  of 1988 (CLIA 88), 42 Code of Federal Regulations, §§493.1 - 493.1780
				  (CLIA 1988). CLIA 1988 applies to all centers with laboratories that examine
				  human specimens for the diagnosis, prevention, or treatment of any disease or
				  impairment of, or the assessment of the health of, human beings. If a center
				  accepts laboratory test results from another state or foreign country, such as
				  Mexico, the laboratory documents must be reviewed and approved by a licensed
				  health professional within his or her scope of practice.
(d) A center utilizing the services of a
				  registered nurse(s) shall ensure that its registered nurse(s) comply with the
				  Nursing Practice Act, Texas Occupations Code, Chapters 301, 303, and 304, while
				  functioning in his or her capacity at or for the center.
(e) A center utilizing the services of a
				  licensed vocational nurse(s) shall ensure that its licensed vocational nurse(s)
				  comply with Texas Occupations Code, Chapters 301, 303, and 304, while
				  functioning in his or her capacity at or for the center.
(f) A center utilizing the services of a
				  physician(s) shall ensure that its physician(s) comply with the Medical
				  Practice Act, Texas Occupations Code, Chapters 151 - 165, while functioning in
				  his or her capacity at or for the center.
(g) A center utilizing the services of a
				  physician assistant(s) shall ensure that its physician assistant(s) comply with
				  the Physician Assistant Licensing Act, Texas Occupations Code, Chapter 204,
				  while functioning in his or her capacity at or for the center.
(h) A center that provides pharmacy services
				  shall obtain a license as a pharmacy if required by the Texas Pharmacy Act,
				  Texas Occupations Code, Chapters 551 - 569.
(i) A center shall not use adulterated or
				  misbranded drugs or devices in violation of the Health and Safety Code, §
										431.021.
				  Adulterated drugs and devices are described in Health and Safety Code, §
										431.111.
				  Misbranded drugs or devices are described in Health and Safety Code, §
										431.112.
(j) A center shall not commit a false,
				  misleading, or deceptive act or practice as that term is defined in the
				  Deceptive Trade Practices-Consumer Protection Act, Business and Commerce Code,
				  §
										17.46.
(k) A birthing center must provide voluntary
				  paternity establishment services in accordance with:
(1) the Health and Safety Code, §
											192.012,
				  Record of Acknowledgment of Paternity; and
(2) the rules of the Office of the Attorney
				  General found at 1 Texas Administrative Code, Chapter 55, Subchapter J
				  (relating to Voluntary Paternity Acknowledgment Process).