1-1  By:  Moncrief                                         S.B. No. 1433
    1-2        (In the Senate - Filed April 26, 1993; April 27, 1993, read
    1-3  first time and referred to Committee on Health and Human Services;
    1-4  May 3, 1993, reported favorably by the following vote:  Yeas 6,
    1-5  Nays 0; May 3, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Zaffirini          x                               
    1-9        Ellis              x                               
   1-10        Madla              x                               
   1-11        Moncrief           x                               
   1-12        Nelson             x                               
   1-13        Patterson                                     x    
   1-14        Shelley                                       x    
   1-15        Truan              x                               
   1-16        Wentworth                                     x    
   1-17                         A BILL TO BE ENTITLED
   1-18                                AN ACT
   1-19  relating to the continuation and functions of the midwifery board
   1-20  and the regulation of the practice of midwifery.
   1-21        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-22        SECTION 1.  Section 3, Texas Midwifery Act (Article 4512i,
   1-23  Vernon's Texas Civil Statutes), is amended by amending Subsection
   1-24  (b) and adding Subsections (c) and (d) to read as follows:
   1-25        (b)  The midwifery board is composed of the following nine
   1-26  members:
   1-27              (1)  three <six> midwives with at least three years of
   1-28  experience in the practice of midwifery, not more than one <three>
   1-29  of whom may be a licensed health care professional <professionals>;
   1-30              (2)  one certified nurse-midwife;
   1-31              (3)  a person licensed to practice medicine who is
   1-32  certified by a national professional organization of physicians
   1-33  that certifies obstetricians and gynecologists;
   1-34              (4)  one person licensed to practice medicine who is
   1-35  certified by a national professional organization of physicians
   1-36  that certifies family practitioners or pediatricians; and
   1-37              (5)  three persons who are not practicing or trained in
   1-38  a health care profession and who represent the public interest, one
   1-39  of whom must be a parent with at least one child born with the
   1-40  assistance of a midwife.
   1-41        (c)  A person is not eligible for appointment as a public
   1-42  member of the midwifery board if the person or the person's spouse:
   1-43              (1)  is registered, certified, or licensed by an
   1-44  occupational regulatory agency in the field of midwifery;
   1-45              (2)  is employed by or participates in the management
   1-46  of a business entity or other organization regulated by the
   1-47  midwifery board or receiving funds from the midwifery board;
   1-48              (3)  owns or controls, directly or indirectly, more
   1-49  than 10 percent interest in a business entity or other organization
   1-50  regulated by the midwifery board or receiving funds from the
   1-51  midwifery board; or
   1-52              (4)  uses or receives a substantial amount of tangible
   1-53  goods, services, or funds from the midwifery board, other than
   1-54  compensation or reimbursement authorized by law for midwifery board
   1-55  membership, attendance, or expenses.
   1-56        (d)  Appointments to the midwifery board shall be made
   1-57  without regard to the race, color, disability, sex, religion, age,
   1-58  or national origin of the appointees.
   1-59        SECTION 2.  Section 3A, Texas Midwifery Act (Article 4512i,
   1-60  Vernon's Texas Civil Statutes), is amended to read as follows:
   1-61        Sec. 3A.  Sunset provision.  The midwifery board is subject
   1-62  to Chapter 325, Government Code (Texas Sunset Act).  Unless
   1-63  continued in existence as provided by that chapter, the midwifery
   1-64  board is abolished and this Act expires September 1, 2005 <1993>.
   1-65        SECTION 3.  The Texas Midwifery Act (Article 4512i, Vernon's
   1-66  Texas Civil Statutes) is amended by adding Section 3B to read as
   1-67  follows:
   1-68        Sec. 3B.  CONFLICT OF INTEREST RESTRICTIONS.  (a)  An
    2-1  officer, employee, or paid consultant of a Texas trade association
    2-2  in the field of midwifery may not be a member or employee of the
    2-3  midwifery board who is exempt from the state's position
    2-4  classification plan or is compensated at or above the amount
    2-5  prescribed by the General Appropriations Act for step 1, salary
    2-6  group 17, of the position classification salary schedule.
    2-7        (b)  A person who is the spouse of an officer, manager, or
    2-8  paid consultant of a Texas trade association in the field of
    2-9  midwifery may not be a midwifery board member and may not be an
   2-10  employee of the midwifery board who is exempt from the state's
   2-11  position classification plan or is compensated at or above the
   2-12  amount prescribed by the General Appropriations Act for step 1,
   2-13  salary group 17, of the position classification salary schedule.
   2-14        (c)  For the purposes of this section, a Texas trade
   2-15  association is a nonprofit, cooperative, and voluntarily joined
   2-16  association of business or professional competitors in this state
   2-17  designed to assist its members and its industry or profession in
   2-18  dealing with mutual business or professional problems and in
   2-19  promoting their common interest.
   2-20        SECTION 4.  The Texas Midwifery Act (Article 4512i, Vernon's
   2-21  Texas Civil Statutes) is amended by adding Section 3C to read as
   2-22  follows:
   2-23        Sec. 3C.  EFFECT OF LOBBYING ACTIVITY.  A person may not
   2-24  serve as a member of the midwifery board or act as the general
   2-25  counsel to the midwifery board if the person is required to
   2-26  register as a lobbyist under Chapter 305, Government Code, and its
   2-27  subsequent amendments, because of the person's activities for
   2-28  compensation on behalf of a profession related to the operation of
   2-29  the midwifery board.
   2-30        SECTION 5.  The Texas Midwifery Act (Article 4512i, Vernon's
   2-31  Texas Civil Statutes) is amended by adding Section 3D to read as
   2-32  follows:
   2-33        Sec. 3D.  GROUNDS FOR REMOVAL FROM BOARD.  (a)  It is a
   2-34  ground for removal from the midwifery board if a member:
   2-35              (1)  does not have at the time of appointment the
   2-36  qualifications required by Section 3 of this Act;
   2-37              (2)  does not maintain during service on the midwifery
   2-38  board the qualifications required by Section 3 of this Act;
   2-39              (3)  violates a prohibition established by Section
   2-40  3(c), 3B, or 3C of this Act;
   2-41              (4)  cannot discharge the member's duties for a
   2-42  substantial part of the term for which the member is appointed
   2-43  because of illness or disability; or
   2-44              (5)  is absent from more than half of the regularly
   2-45  scheduled midwifery board meetings that the member is eligible to
   2-46  attend during a calendar year unless the absence is excused by
   2-47  majority vote of the midwifery board.
   2-48        (b)  The validity of an action of the midwifery board is not
   2-49  affected by the fact that it is taken when a ground for removal of
   2-50  a midwifery board member exists.
   2-51        (c)  If the program coordinator has knowledge that a
   2-52  potential ground for removal exists, the program coordinator shall
   2-53  notify the chairman of the midwifery board of the ground.  The
   2-54  board of health shall then notify the governor that a potential
   2-55  ground for removal exists.
   2-56        SECTION 6.  Section 8A, Texas Midwifery Act (Article 4512i,
   2-57  Vernon's Texas Civil Statutes), is amended by adding Subsection (d)
   2-58  to read as follows:
   2-59        (d)  Subject to the approval of the Texas Board of Health,
   2-60  the midwifery board by rule shall establish reasonable and
   2-61  necessary fees so that the fees, in the aggregate, produce
   2-62  sufficient revenue to cover the costs of administering this Act.
   2-63  The fee amounts set by the midwifery board may be adjusted so that
   2-64  the total fees collected are sufficient to cover the cost of
   2-65  administering this Act.  The midwifery board may not set a fee for
   2-66  an amount less than the amount of that fee on September 1, 1993.
   2-67        SECTION 7.  The Texas Midwifery Act (Article 4512i, Vernon's
   2-68  Texas Civil Statutes) is amended by adding Section 8C to read as
   2-69  follows:
   2-70        Sec. 8C.  ANNUAL FINANCIAL REPORT.  The department shall file
    3-1  annually with the governor and the presiding officer of each house
    3-2  of the legislature a complete and detailed written report
    3-3  accounting for all funds received and disbursed by the midwifery
    3-4  board during the preceding fiscal year.  The annual report must be
    3-5  in the form and reported in the time provided by the General
    3-6  Appropriations Act.
    3-7        SECTION 8.  The Texas Midwifery Act (Article 4512i, Vernon's
    3-8  Texas Civil Statutes) is amended by adding Section 8D to read as
    3-9  follows:
   3-10        Sec. 8D.  PUBLIC INTEREST INFORMATION.  (a)  The midwifery
   3-11  board shall prepare information of public interest describing the
   3-12  functions of the midwifery board and the midwifery board's
   3-13  procedures by which complaints are filed with and resolved by the
   3-14  midwifery board.  The midwifery board shall make the information
   3-15  available to the public and appropriate state agencies.
   3-16        (b)  The midwifery board by rule shall establish methods by
   3-17  which consumers and service recipients are notified of the name,
   3-18  mailing address, and telephone number of the midwifery board for
   3-19  the purpose of directing complaints to the midwifery board.  The
   3-20  midwifery board may provide for that notification:
   3-21              (1)  on each registration form, application, or
   3-22  disclosure and informed consent form of an individual or entity
   3-23  regulated by the midwifery board;
   3-24              (2)  on a sign prominently displayed in the place of
   3-25  business of each individual or entity regulated by the midwifery
   3-26  board; or
   3-27              (3)  in a bill for service provided by an individual or
   3-28  entity regulated by the midwifery board.
   3-29        (c)  The midwifery board shall list along with its regular
   3-30  telephone number the toll-free telephone number that may be called
   3-31  to present a complaint about a health professional if the toll-free
   3-32  number is established under other state law.
   3-33        SECTION 9.  The Texas Midwifery Act (Article 4512i, Vernon's
   3-34  Texas Civil Statutes) is amended by adding Section 8E to read as
   3-35  follows:
   3-36        Sec. 8E.  EQUAL EMPLOYMENT OPPORTUNITY POLICIES.  (a)  The
   3-37  program coordinator or the coordinator's designee shall prepare and
   3-38  maintain a written policy statement to assure implementation of a
   3-39  program of equal employment opportunity under which all personnel
   3-40  transactions are made without regard to race, color, disability,
   3-41  sex, religion, age, or national origin.  The policy statement must
   3-42  include:
   3-43              (1)  personnel policies, including policies relating to
   3-44  recruitment, evaluation, selection, application, training, and
   3-45  promotion of personnel that are in compliance with the Commission
   3-46  on Human Rights Act (Article 5221k, Vernon's Texas Civil Statutes)
   3-47  and its subsequent amendments;
   3-48              (2)  a comprehensive analysis of the midwifery board
   3-49  work force that meets federal and state guidelines;
   3-50              (3)  procedures by which a determination can be made of
   3-51  significant underutilization in the midwifery board work force of
   3-52  all persons for whom federal or state guidelines encourage a more
   3-53  equitable balance; and
   3-54              (4)  reasonable methods to appropriately address those
   3-55  areas of underutilization.
   3-56        (b)  A policy statement prepared under Subsection (a) of this
   3-57  section must cover an annual period, be updated annually, be
   3-58  reviewed by the Commission on Human Rights for compliance with
   3-59  Subsection (a)(1) of this section, and be filed with the governor's
   3-60  office.
   3-61        (c)  The governor's office shall deliver a biennial report to
   3-62  the legislature based on the information received under Subsection
   3-63  (b)  of this section.  The report may be made separately or as part
   3-64  of other biennial reports to the legislature.
   3-65        SECTION 10.  The Texas Midwifery Act (Article 4512i, Vernon's
   3-66  Texas Civil Statutes) is amended by adding Section 8F to read as
   3-67  follows:
   3-68        Sec. 8F.  PUBLIC PARTICIPATION IN MIDWIFERY BOARD HEARINGS.
   3-69  The midwifery board shall develop and implement policies that
   3-70  provide the public with a reasonable opportunity to appear before
    4-1  the midwifery board and to speak on any issue under the
    4-2  jurisdiction of the midwifery board.
    4-3        SECTION 11.  The Texas Midwifery Act (Article 4512i, Vernon's
    4-4  Texas Civil Statutes) is amended by adding Section 8G to read as
    4-5  follows:
    4-6        Sec. 8G.  DIVISION OF RESPONSIBILITY.  The midwifery board
    4-7  shall develop and implement policies that clearly define the
    4-8  respective responsibilities of the midwifery board and the staff of
    4-9  the midwifery board.
   4-10        SECTION 12.  The Texas Midwifery Act (Article 4512i, Vernon's
   4-11  Texas Civil Statutes) is amended by adding Section 8H to read as
   4-12  follows:
   4-13        Sec. 8H.  PROGRAM ACCESSIBILITY.  The midwifery board shall
   4-14  prepare and maintain a written plan that describes how a person who
   4-15  does not speak English can be provided reasonable access to the
   4-16  midwifery board's programs.  The midwifery board shall also comply
   4-17  with federal and state laws for program and facility accessibility.
   4-18        SECTION 13.  Section 10, Texas Midwifery Act (Article 4512i,
   4-19  Vernon's Texas Civil Statutes), is amended by amending Subsection
   4-20  (c) and adding Subsection (i) to read as follows:
   4-21        (c)  On renewal of the documentation, the person must provide
   4-22  the program coordinator with evidence, acceptable under the rules
   4-23  of the board, of completion of mandatory continuing education as
   4-24  prescribed by the midwifery board.  The midwifery board by rule
   4-25  shall establish a minimum number of hours of continuing education
   4-26  required to renew a documentation under this Act.  The midwifery
   4-27  board may assess the continuing education needs of documented
   4-28  midwives and may require documented midwives to attend continuing
   4-29  education courses specified by the midwifery board.  The midwifery
   4-30  board by rule shall develop a process to evaluate and approve
   4-31  continuing education courses.
   4-32        (i)  The midwifery board shall identify the key factors for
   4-33  the competent performance by a documented midwife of the documented
   4-34  midwife's professional duties.  The midwifery board shall adopt a
   4-35  procedure to assess a documented midwife's participation in
   4-36  continuing education programs.
   4-37        SECTION 14.  Section 11, Texas Midwifery Act (Article 4512i,
   4-38  Vernon's Texas Civil Statutes), is amended by adding Subsection (e)
   4-39  to read as follows:
   4-40        (e)  The midwifery board shall have the written portion of
   4-41  the examination, if any, validated by an independent testing
   4-42  professional.
   4-43        SECTION 15.  Subsections (b), (d), and (e), Section 13, Texas
   4-44  Midwifery Act (Article 4512i, Vernon's Texas Civil Statutes), are
   4-45  amended to read as follows:
   4-46        (b)  Each person who practices midwifery must apply to the
   4-47  department annually to be documented as a midwife.  The application
   4-48  must be accompanied by a nonrefundable <$50> application fee in an
   4-49  amount set by the midwifery board.  The application must include
   4-50  the information required by board rule.
   4-51        (d)  The initial documentation issued to a midwife may be
   4-52  issued at any time during the year.  The initial documentation must
   4-53  be issued before the midwife begins to practice midwifery within
   4-54  the state.  The term of the initial practice under the
   4-55  documentation begins on the date that the requirements are met and
   4-56  extends through December 31 of the initial year.  The midwifery
   4-57  board by rule may adopt a system under which documentations expire
   4-58  on various dates during the year.  For the year in which the
   4-59  documentation expiration date is changed, documentation fees
   4-60  payable on the original expiration date shall be prorated on a
   4-61  monthly basis so that each documented midwife shall pay only that
   4-62  portion of the documentation fee that is allocable to the number of
   4-63  months during which the documentation is valid.  On renewal of the
   4-64  documentation on the new expiration date, the total documentation
   4-65  renewal fee is payable <After the initial year of documentation,
   4-66  the term of the documentation begins on January 1 and ends on
   4-67  December 31 of each year.  A renewal application must be completed
   4-68  during December of the year preceding the year for which the
   4-69  renewal is requested>.
   4-70        (e)  The department may accept an application for renewal
    5-1  that is filed after the close of the documentation period during a
    5-2  grace period not to exceed 60 days after the end of the
    5-3  documentation period.  The department may charge a late filing fee
    5-4  in an amount set by the midwifery board <not to exceed $25>.  The
    5-5  late filing fee must be paid in addition to the application fee.
    5-6  The board shall adopt rules to establish the duration of the grace
    5-7  period and the amount of the late filing fee.
    5-8        SECTION 16.  The Texas Midwifery Act (Article 4512i, Vernon's
    5-9  Texas Civil Statutes) is amended by adding Section 18C to read as
   5-10  follows:
   5-11        Sec. 18C.  COMPLAINT PROCEDURE IN GENERAL.  (a)  The
   5-12  midwifery board shall keep an information file about each complaint
   5-13  filed with the midwifery board.  The midwifery board's information
   5-14  file shall be kept current and contain a record for each complaint
   5-15  of:
   5-16              (1)  all persons contacted in relation to the
   5-17  complaint;
   5-18              (2)  a summary of findings made at each step of the
   5-19  complaint process; and
   5-20              (3)  other relevant information.
   5-21        (b)  The midwifery board by rule shall adopt a form to
   5-22  standardize information concerning complaints made to the midwifery
   5-23  board.  The midwifery board by rule shall prescribe information to
   5-24  be provided to a person when the person files a complaint with the
   5-25  midwifery board.
   5-26        (c)  The midwifery board shall provide reasonable assistance
   5-27  to a person who wishes to file a complaint with the midwifery
   5-28  board.
   5-29        SECTION 17.  The Texas Midwifery Act (Article 4512i, Vernon's
   5-30  Texas Civil Statutes) is amended by adding Section 18D to read as
   5-31  follows:
   5-32        Sec. 18D.  COMPLAINT INVESTIGATION AND DISPOSITION.  The
   5-33  midwifery board shall adopt rules concerning the investigation of a
   5-34  complaint filed with the midwifery board.  The rules adopted under
   5-35  this subsection shall:
   5-36              (1)  distinguish between categories of complaints; and
   5-37              (2)  ensure that the person who filed the complaint has
   5-38  an opportunity to explain the allegations made in the complaint.
   5-39        SECTION 18.  This Act takes effect September 1, 1993.
   5-40        SECTION 19.  (a)  A member of the midwifery board immediately
   5-41  before the effective date of this Act continues to serve as a
   5-42  member of the board on or after the effective date of this Act for
   5-43  the remainder of the member's term.  The Texas Board of Health
   5-44  shall make appointments to the board on or after the effective date
   5-45  of this Act as terms of members of the board expire and vacancies
   5-46  occur on the board to accomplish, as soon as possible, the
   5-47  membership plan for the board established by Section 3, Texas
   5-48  Midwifery Act (Article 4512i, Vernon's Texas Civil Statutes), as
   5-49  amended by this Act.
   5-50        (b)  The changes in law made by this Act to the
   5-51  qualifications of members of the midwifery board do not affect the
   5-52  entitlement of a member appointed before September 1, 1993, to
   5-53  continue to hold office on the board for the term for which the
   5-54  member was appointed.  The changes in the qualifications apply only
   5-55  to a member appointed on or after September 1, 1993.
   5-56        SECTION 20.  The importance of this legislation and the
   5-57  crowded condition of the calendars in both houses create an
   5-58  emergency and an imperative public necessity that the
   5-59  constitutional rule requiring bills to be read on three several
   5-60  days in each house be suspended, and this rule is hereby suspended.
   5-61                               * * * * *
   5-62                                                         Austin,
   5-63  Texas
   5-64                                                         May 3, 1993
   5-65  Hon. Bob Bullock
   5-66  President of the Senate
   5-67  Sir:
   5-68  We, your Committee on Health and Human Services to which was
   5-69  referred S.B. No. 1433, have had the same under consideration, and
   5-70  I am instructed to report it back to the Senate with the
    6-1  recommendation that it do pass and be printed.
    6-2                                                         Zaffirini,
    6-3  Chair
    6-4                               * * * * *
    6-5                               WITNESSES
    6-6                                                  FOR   AGAINST  ON
    6-7  ___________________________________________________________________
    6-8  Name:  Elizabeth Lee                             x
    6-9  Representing:  Asso of Tx Midwives
   6-10  City:  Austin
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