S.B. No. 1433
AN ACT
1-1 relating to the continuation and functions of the midwifery board
1-2 and the regulation of the practice of midwifery.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 3, Texas Midwifery Act (Article 4512i,
1-5 Vernon's Texas Civil Statutes), is amended by amending Subsection
1-6 (b) and adding Subsections (c) and (d) to read as follows:
1-7 (b) The midwifery board is composed of the following nine
1-8 members:
1-9 (1) three <six> midwives with at least three years of
1-10 experience in the practice of midwifery, not more than one <three>
1-11 of whom may be a licensed health care professional <professionals>;
1-12 (2) one certified nurse-midwife;
1-13 (3) a person licensed to practice medicine who is
1-14 certified by a national professional organization of physicians
1-15 that certifies obstetricians and gynecologists;
1-16 (4) one person licensed to practice medicine who is
1-17 certified by a national professional organization of physicians
1-18 that certifies family practitioners or pediatricians; and
1-19 (5) three persons who are not practicing or trained in
1-20 a health care profession and who represent the public interest, one
1-21 of whom must be a parent with at least one child born with the
1-22 assistance of a midwife.
1-23 (c) A person is not eligible for appointment as a public
1-24 member of the midwifery board if the person or the person's spouse:
2-1 (1) is registered, certified, or licensed by an
2-2 occupational regulatory agency in the field of midwifery;
2-3 (2) is employed by or participates in the management
2-4 of a business entity or other organization regulated by the
2-5 midwifery board or receiving funds from the midwifery board;
2-6 (3) owns or controls, directly or indirectly, more
2-7 than a 10 percent interest in a business entity or other
2-8 organization regulated by the midwifery board or receiving funds
2-9 from the midwifery board; or
2-10 (4) uses or receives a substantial amount of tangible
2-11 goods, services, or funds from the midwifery board, other than
2-12 compensation or reimbursement authorized by law for midwifery board
2-13 membership, attendance, or expenses.
2-14 (d) Appointments to the midwifery board shall be made
2-15 without regard to the race, color, disability, sex, religion, age,
2-16 or national origin of the appointees.
2-17 SECTION 2. Section 3A, Texas Midwifery Act (Article 4512i,
2-18 Vernon's Texas Civil Statutes), is amended to read as follows:
2-19 Sec. 3A. Sunset provision. The midwifery board is subject
2-20 to Chapter 325, Government Code (Texas Sunset Act). Unless
2-21 continued in existence as provided by that chapter, the midwifery
2-22 board is abolished and this Act expires September 1, 2005 <1993>.
2-23 SECTION 3. The Texas Midwifery Act (Article 4512i, Vernon's
2-24 Texas Civil Statutes) is amended by adding Section 3B to read as
2-25 follows:
2-26 Sec. 3B. CONFLICT OF INTEREST RESTRICTIONS. (a) An
2-27 officer, employee, or paid consultant of a Texas trade association
3-1 in the field of midwifery may not be a member or employee of the
3-2 midwifery board who is exempt from the state's position
3-3 classification plan or is compensated at or above the amount
3-4 prescribed by the General Appropriations Act for step 1, salary
3-5 group 17, of the position classification salary schedule.
3-6 (b) A person who is the spouse of an officer, manager, or
3-7 paid consultant of a Texas trade association in the field of
3-8 midwifery may not be a midwifery board member and may not be an
3-9 employee of the midwifery board who is exempt from the state's
3-10 position classification plan or is compensated at or above the
3-11 amount prescribed by the General Appropriations Act for step 1,
3-12 salary group 17, of the position classification salary schedule.
3-13 (c) For the purposes of this section, a Texas trade
3-14 association is a nonprofit, cooperative, and voluntarily joined
3-15 association of business or professional competitors in this state
3-16 designed to assist its members and its industry or profession in
3-17 dealing with mutual business or professional problems and in
3-18 promoting their common interest.
3-19 SECTION 4. The Texas Midwifery Act (Article 4512i, Vernon's
3-20 Texas Civil Statutes) is amended by adding Section 3C to read as
3-21 follows:
3-22 Sec. 3C. EFFECT OF LOBBYING ACTIVITY. A person may not
3-23 serve as a member of the midwifery board or act as the general
3-24 counsel to the midwifery board if the person is required to
3-25 register as a lobbyist under Chapter 305, Government Code, and its
3-26 subsequent amendments, because of the person's activities for
3-27 compensation on behalf of a profession related to the operation of
4-1 the midwifery board.
4-2 SECTION 5. The Texas Midwifery Act (Article 4512i, Vernon's
4-3 Texas Civil Statutes) is amended by adding Section 3D to read as
4-4 follows:
4-5 Sec. 3D. GROUNDS FOR REMOVAL FROM BOARD. (a) It is a
4-6 ground for removal from the midwifery board if a member:
4-7 (1) does not have at the time of appointment the
4-8 qualifications required by Section 3 of this Act;
4-9 (2) does not maintain during service on the midwifery
4-10 board the qualifications required by Section 3 of this Act;
4-11 (3) violates a prohibition established by Section
4-12 3(c), 3B, or 3C of this Act;
4-13 (4) cannot discharge the member's duties for a
4-14 substantial part of the term for which the member is appointed
4-15 because of illness or disability; or
4-16 (5) is absent from more than half of the regularly
4-17 scheduled midwifery board meetings that the member is eligible to
4-18 attend during a calendar year unless the absence is excused by
4-19 majority vote of the midwifery board.
4-20 (b) The validity of an action of the midwifery board is not
4-21 affected by the fact that it is taken when a ground for removal of
4-22 a midwifery board member exists.
4-23 (c) If the program coordinator has knowledge that a
4-24 potential ground for removal exists, the program coordinator shall
4-25 notify the chairman of the midwifery board of the ground. The
4-26 board of health shall then notify the governor that a potential
4-27 ground for removal exists.
5-1 SECTION 6. Section 8A, Texas Midwifery Act (Article 4512i,
5-2 Vernon's Texas Civil Statutes), is amended by adding Subsection (d)
5-3 to read as follows:
5-4 (d) Subject to the approval of the Texas Board of Health,
5-5 the midwifery board by rule shall establish reasonable and
5-6 necessary fees so that the fees, in the aggregate, produce
5-7 sufficient revenue to cover the costs of administering this Act.
5-8 The fee amounts set by the midwifery board may be adjusted so that
5-9 the total fees collected are sufficient to cover the costs of
5-10 administering this Act. The midwifery board may not set a fee for
5-11 an amount less than the amount of that fee on September 1, 1993.
5-12 SECTION 7. The Texas Midwifery Act (Article 4512i, Vernon's
5-13 Texas Civil Statutes) is amended by adding Section 8C to read as
5-14 follows:
5-15 Sec. 8C. ANNUAL FINANCIAL REPORT. The department shall file
5-16 annually with the governor and the presiding officer of each house
5-17 of the legislature a complete and detailed written report
5-18 accounting for all funds received and disbursed by the midwifery
5-19 board during the preceding fiscal year. The annual report must be
5-20 in the form and reported in the time provided by the General
5-21 Appropriations Act.
5-22 SECTION 8. The Texas Midwifery Act (Article 4512i, Vernon's
5-23 Texas Civil Statutes) is amended by adding Section 8D to read as
5-24 follows:
5-25 Sec. 8D. PUBLIC INTEREST INFORMATION. (a) The midwifery
5-26 board shall prepare information of public interest describing the
5-27 functions of the midwifery board and the midwifery board's
6-1 procedures by which complaints are filed with and resolved by the
6-2 midwifery board. The midwifery board shall make the information
6-3 available to the public and appropriate state agencies.
6-4 (b) The midwifery board by rule shall establish methods by
6-5 which consumers and service recipients are notified of the name,
6-6 mailing address, and telephone number of the midwifery board for
6-7 the purpose of directing complaints to the midwifery board. The
6-8 midwifery board may provide for that notification:
6-9 (1) on each registration form, application, or
6-10 disclosure and informed consent form of an individual or entity
6-11 regulated by the midwifery board;
6-12 (2) on a sign prominently displayed in the place of
6-13 business of each individual or entity regulated by the midwifery
6-14 board; or
6-15 (3) in a bill for service provided by an individual or
6-16 entity regulated by the midwifery board.
6-17 (c) The midwifery board shall list along with its regular
6-18 telephone number the toll-free telephone number that may be called
6-19 to present a complaint about a health professional if the toll-free
6-20 number is established under other state law.
6-21 SECTION 9. The Texas Midwifery Act (Article 4512i, Vernon's
6-22 Texas Civil Statutes) is amended by adding Section 8E to read as
6-23 follows:
6-24 Sec. 8E. EQUAL EMPLOYMENT OPPORTUNITY POLICIES. (a) The
6-25 program coordinator or the coordinator's designee shall prepare and
6-26 maintain a written policy statement to assure implementation of a
6-27 program of equal employment opportunity under which all personnel
7-1 transactions are made without regard to race, color, disability,
7-2 sex, religion, age, or national origin. The policy statement must
7-3 include:
7-4 (1) personnel policies, including policies relating to
7-5 recruitment, evaluation, selection, application, training, and
7-6 promotion of personnel that are in compliance with the Commission
7-7 on Human Rights Act (Article 5221k, Vernon's Texas Civil Statutes)
7-8 and its subsequent amendments;
7-9 (2) a comprehensive analysis of the midwifery board
7-10 work force that meets federal and state guidelines;
7-11 (3) procedures by which a determination can be made of
7-12 significant underutilization in the midwifery board work force of
7-13 all persons for whom federal or state guidelines encourage a more
7-14 equitable balance; and
7-15 (4) reasonable methods to appropriately address those
7-16 areas of underutilization.
7-17 (b) A policy statement prepared under Subsection (a) of this
7-18 section must cover an annual period, be updated annually, be
7-19 reviewed by the Commission on Human Rights for compliance with
7-20 Subsection (a)(1) of this section, and be filed with the governor's
7-21 office.
7-22 (c) The governor's office shall deliver a biennial report to
7-23 the legislature based on the information received under Subsection
7-24 (b) of this section. The report may be made separately or as part
7-25 of other biennial reports to the legislature.
7-26 SECTION 10. The Texas Midwifery Act (Article 4512i, Vernon's
7-27 Texas Civil Statutes) is amended by adding Section 8F to read as
8-1 follows:
8-2 Sec. 8F. PUBLIC PARTICIPATION IN MIDWIFERY BOARD HEARINGS.
8-3 The midwifery board shall develop and implement policies that
8-4 provide the public with a reasonable opportunity to appear before
8-5 the midwifery board and to speak on any issue under the
8-6 jurisdiction of the midwifery board.
8-7 SECTION 11. The Texas Midwifery Act (Article 4512i, Vernon's
8-8 Texas Civil Statutes) is amended by adding Section 8G to read as
8-9 follows:
8-10 Sec. 8G. DIVISION OF RESPONSIBILITY. The midwifery board
8-11 shall develop and implement policies that clearly define the
8-12 respective responsibilities of the midwifery board and the staff of
8-13 the midwifery board.
8-14 SECTION 12. The Texas Midwifery Act (Article 4512i, Vernon's
8-15 Texas Civil Statutes) is amended by adding Section 8H to read as
8-16 follows:
8-17 Sec. 8H. PROGRAM ACCESSIBILITY. The midwifery board shall
8-18 prepare and maintain a written plan that describes how a person who
8-19 does not speak English can be provided reasonable access to the
8-20 midwifery board's programs. The midwifery board shall also comply
8-21 with federal and state laws for program and facility accessibility.
8-22 SECTION 13. Section 10, Texas Midwifery Act (Article 4512i,
8-23 Vernon's Texas Civil Statutes), is amended by amending Subsection
8-24 (c) and adding Subsection (i) to read as follows:
8-25 (c) On renewal of the documentation, the person must provide
8-26 the program coordinator with evidence, acceptable under the rules
8-27 of the board, of completion of mandatory continuing education as
9-1 prescribed by the midwifery board. The midwifery board by rule
9-2 shall establish a minimum number of hours of continuing education
9-3 required to renew a documentation under this Act. The midwifery
9-4 board may assess the continuing education needs of documented
9-5 midwives and may require documented midwives to attend continuing
9-6 education courses specified by the midwifery board. The midwifery
9-7 board by rule shall develop a process to evaluate and approve
9-8 continuing education courses.
9-9 (i) The midwifery board shall identify the key factors for
9-10 the competent performance by a documented midwife of the documented
9-11 midwife's professional duties. The midwifery board shall adopt a
9-12 procedure to assess a documented midwife's participation in
9-13 continuing education programs.
9-14 SECTION 14. Section 11, Texas Midwifery Act (Article 4512i,
9-15 Vernon's Texas Civil Statutes), is amended by adding Subsection (e)
9-16 to read as follows:
9-17 (e) The midwifery board shall have the written portion of
9-18 the examination, if any, validated by an independent testing
9-19 professional.
9-20 SECTION 15. Subsections (b), (d), and (e), Section 13, Texas
9-21 Midwifery Act (Article 4512i, Vernon's Texas Civil Statutes), are
9-22 amended to read as follows:
9-23 (b) Each person who practices midwifery must apply to the
9-24 department annually to be documented as a midwife. The application
9-25 must be accompanied by a nonrefundable <$50> application fee in an
9-26 amount set by the midwifery board. The application must include
9-27 the information required by board rule.
10-1 (d) The initial documentation issued to a midwife may be
10-2 issued at any time during the year. The initial documentation must
10-3 be issued before the midwife begins to practice midwifery within
10-4 the state. The term of the initial practice under the
10-5 documentation begins on the date that the requirements are met and
10-6 extends through December 31 of the initial year. The midwifery
10-7 board by rule may adopt a system under which documentations expire
10-8 on various dates during the year. For the year in which the
10-9 documentation expiration date is changed, documentation fees
10-10 payable on the original expiration date shall be prorated on a
10-11 monthly basis so that each documented midwife shall pay only that
10-12 portion of the documentation fee that is allocable to the number of
10-13 months during which the documentation is valid. On renewal of the
10-14 documentation on the new expiration date, the total documentation
10-15 renewal fee is payable <After the initial year of documentation,
10-16 the term of the documentation begins on January 1 and ends on
10-17 December 31 of each year. A renewal application must be completed
10-18 during December of the year preceding the year for which the
10-19 renewal is requested>.
10-20 (e) The department may accept an application for renewal
10-21 that is filed after the close of the documentation period during a
10-22 grace period not to exceed 60 days after the end of the
10-23 documentation period. The department may charge a late filing fee
10-24 in an amount set by the midwifery board <not to exceed $25>. The
10-25 late filing fee must be paid in addition to the application fee.
10-26 The board shall adopt rules to establish the duration of the grace
10-27 period and the amount of the late filing fee.
11-1 SECTION 16. The Texas Midwifery Act (Article 4512i, Vernon's
11-2 Texas Civil Statutes) is amended by adding Section 18C to read as
11-3 follows:
11-4 Sec. 18C. COMPLAINT PROCEDURE IN GENERAL. (a) The
11-5 midwifery board shall keep an information file about each complaint
11-6 filed with the midwifery board. The midwifery board's information
11-7 file shall be kept current and contain a record for each complaint
11-8 of:
11-9 (1) all persons contacted in relation to the
11-10 complaint;
11-11 (2) a summary of findings made at each step of the
11-12 complaint process; and
11-13 (3) other relevant information.
11-14 (b) The midwifery board by rule shall adopt a form to
11-15 standardize information concerning complaints made to the midwifery
11-16 board. The midwifery board by rule shall prescribe information to
11-17 be provided to a person when the person files a complaint with the
11-18 midwifery board.
11-19 (c) The midwifery board shall provide reasonable assistance
11-20 to a person who wishes to file a complaint with the midwifery
11-21 board.
11-22 SECTION 17. The Texas Midwifery Act (Article 4512i, Vernon's
11-23 Texas Civil Statutes) is amended by adding Section 18D to read as
11-24 follows:
11-25 Sec. 18D. COMPLAINT INVESTIGATION AND DISPOSITION. The
11-26 midwifery board shall adopt rules concerning the investigation of a
11-27 complaint filed with the midwifery board. The rules adopted under
12-1 this subsection shall:
12-2 (1) distinguish between categories of complaints; and
12-3 (2) ensure that the person who filed the complaint has
12-4 an opportunity to explain the allegations made in the complaint.
12-5 SECTION 18. This Act takes effect September 1, 1993.
12-6 SECTION 19. (a) A member of the midwifery board immediately
12-7 before the effective date of this Act continues to serve as a
12-8 member of the board on or after the effective date of this Act for
12-9 the remainder of the member's term. The Texas Board of Health
12-10 shall make appointments to the board on or after the effective date
12-11 of this Act as terms of members of the board expire and vacancies
12-12 occur on the board to accomplish, as soon as possible, the
12-13 membership plan for the board established by Section 3, Texas
12-14 Midwifery Act (Article 4512i, Vernon's Texas Civil Statutes), as
12-15 amended by this Act.
12-16 (b) The changes in law made by this Act to the
12-17 qualifications of members of the midwifery board do not affect the
12-18 entitlement of a member appointed before September 1, 1993, to
12-19 continue to hold office on the board for the term for which the
12-20 member was appointed. The changes in the qualifications apply only
12-21 to a member appointed on or after September 1, 1993.
12-22 SECTION 20. The importance of this legislation and the
12-23 crowded condition of the calendars in both houses create an
12-24 emergency and an imperative public necessity that the
12-25 constitutional rule requiring bills to be read on three several
12-26 days in each house be suspended, and this rule is hereby suspended.