BG C.S.H.B. 2088 75(R)BILL ANALYSIS


PUBLIC HEALTH
C.S.H.B. 2088
By: Cuellar
4-18-97
Committee Report (Substituted)


BACKGROUND 

Each year, a number of women in Texas turn to lay midwives as their
primary providers of childbirth services.  This area of maternal health
care remains virtually unregulated, however, placing the lives of women
and their newborns at risk.  There are also ambiguities in the current law
in regard to testing requirements for midwives, the definition of normal
pregnancy and infancy, state investigative authority and the
administration of medication to prevent certain eye infections. 

PURPOSE

C.S.H.B. 2088 redefines the term "midwifery" and replaces current
definitions of "normal childbirth," "newborn care," and "postpartum care,"
with new terms and definitions; grants rulemaking authority for
prescribing standards of practice, for disciplining midwives, and for
establishing eligibility for reciprocity for initial documentation under
the Act; specifies that certain rules adopted must include provisions
relating to warnings provided for violations of the law or rules, agreed
orders for additional education, recommendations or requirements for
medical or psychological treatment and restrictions on the practice of a
midwife; requires a midwife, at the time of initial documentation, to pass
a comprehensive examination and deletes reference to providing evidence of
passing a voluntary examination; requires the Midwifery Board to adopt a
comprehensive examination for persons regulated under the Act; specifies
steps a midwife must take in regard to medical consultation under certain
circumstances; requires a midwife to administer a specific medication to
newborns under certain circumstances; amends the current list of
prohibited acts for consistency with definitions added by this Act;
establishes grounds for disciplinary action; allows the Texas Department
of Health, in conducting complaint investigations, to obtain relevant
midwifery or medical records and to inspect a site at which a midwife
provided services; authorizes the assessment of administrative penalties
and sets forth related procedures; and amends the Texas Dangerous Drugs
Act for consistency with this Act. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill expressly grants rulemaking
authority to the Texas Midwifery Board, subject to the approval of the
Board of Health, in SECTION 4 (Sec. 8A, subsections (b), Texas Midwifery
Act); Subsection (e) of Sec. 8A specifies requirements regarding those
rules. Plus additional rulemaking authority is granted to the midwifery
board in SECTION 16 (Sec. 18D) whereby existing rulemaking authority is
extended to the new Subdivision (3). In SECTION 10 (Sec. 16(f), Texas
Midwifery Act) midwifery board rulemaking is specifically referenced.
Additionally, there is reference to rulemaking in SECTIONS 1, 12, 13 and
17 (Sec. 1(c) (1), Sec. 17(1), Sec. 17A(a), and Sec. 18E(a), Texas
Midwifery Act). 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 1(c), Texas Midwifery Act, (Article 4512i,
Vernon's Texas Civil Statutes) as follows: 

Subdivision (1) modifies the definition of "midwife" by referencing
documentation and rules of the Midwifery Board and deletes reference to
standards of the board. 

Subdivision (2) modifies the definition of  "midwifery" to encompass the
provision of  necessary care and advice to women and the provision of
normal newborn care. 

Subdivision (11) replaces the current definition of "normal childbirth"
with a definition for "normal" as it applies to various stages of
pregnancy and the postpartum period. 

Subdivision (12) replaces the current definition of "newborn care" with a
definition for "newborn." 

Subdivision (13) replaces the current definition of "postpartum care" with
a definition for "postpartum period." 

SECTION 2.  Amends Section 3D(c), Texas Midwifery Act (Article 4512i,
Vernon's Texas Civil Statutes) by requiring the program coordinator and
the chair of the Midwifery Board to notify the Board of Health when
grounds for the removal of a Midwifery Board member exist; deletes
language requiring the Board of Health to notify the Governor of such
situations. 

SECTION 3.  Amends Section 8, Texas Midwifery Act (Article 4512i, Vernon's
Texas Civil Statutes) by removing existing references to educational
courses; clarifies that the Midwifery Board shall establish requirements
for basic education and continuing education; and references a
comprehensive examination which is proposed elsewhere in this Act. 

SECTION 4.  Amends Section 8A, Texas Midwifery Act (Article 4512i,
Vernon's Texas Civil Statutes) as follows: 

Subsection (b) replaces the term "identification" with "documentation;"
requires the Midwifery Board, subject to the approval of the Board of
Health, to adopt rules prescribing specific standards of practice; to
adopt and implement substantive and procedural rules for the disciplining
of midwives when necessary; and to adopt necessary rules for establishing
eligibility for reciprocity for initial documentation under this Act.
Makes conforming changes. 

Subsection (c) replaces the term "advice" with "recommendation" and
clarifies the term "basic information and instructor manuals" by adding
the word "midwifery."   

Subsection (e) is added to establish that the rules pertaining to
discipline must include rules relating to warnings provided to midwives
for violations of the law or rules, agreed orders for additional
education, recommendations or requirements for medical or psychological
treatment, including treatment related to substance abuse by midwives, and
restrictions on the practice of a midwife. 

SECTION 5.  Amends Section 9(a), Texas Midwifery Act (Article 4512i,
Vernon's Texas Civil Statutes) by revising the requirement that TDH
provide instructor manuals and information manuals to state "to each
documented midwife and to any other" person on request.   

SECTION 6.  Amends Section 10(b), Texas Midwifery Act (Article 4512i,
Vernon's Texas Civil Statutes) by requiring evidence, at the time of
initial documentation, that the person has passed the comprehensive
midwifery examination proved by the Midwifery Board, and deleting current
language about a voluntary examination.  Makes nonsubstantive language
changes. 

SECTION 7.  Amends Section 11, Texas Midwifery Act (Article 4512i,
Vernon's Texas Civil Statutes) by requiring the Midwifery Board, with the
approval of the Board of Health, to adopt a comprehensive midwifery
examination for persons regulated under this Act. Makes conforming
changes.  

SECTION 8.  Amends Section 12, Texas Midwifery Act (Article 4512i,
Vernon's Texas Civil Statutes) by striking the word "educational" and
specifying that requirements are "for documentation" within the existing
provision relating to a documentation letter. 

SECTION 9.  Amends Section 15, Texas Midwifery Act (Article 4512i,
Vernon's Texas Civil  Statutes) by replacing the term "identified to
practice midwifery" with "documented as midwives in this state" in regard
to the roster TDH is required to maintain; replaces subsequent references
to "identified" with "documented" and updates citation referencing the
Government Code. 

SECTION 10.  Amends Section 16(f), Texas Midwifery Act (Article 4512i,
Vernon's Texas Civil Statutes) by requiring a midwife, under specified
circumstances, to encourage a client to seek medical care through
consultation or referral, as specified in Midwifery Board rules; deletes
existing language relating to "recognizing a sign or symptom" of a
complication.   

SECTION 11.  Amends the Texas Midwifery Act (Article 4512i, Vernon's Texas
Civil Statutes) by adding Section 16A entitled "Prevention of Ophthalmia
Neonatorum," to require a midwife who attends the birth of a child to
administer prophylaxis, as specified, for the prevention of ophthalmia
neonatorum, unless the newborn is immediately transferred to a hospital
because of an emergency.   

SECTION 12.  Amends Section 17, Texas Midwifery Act (Article 4512i,
Vernon's Texas Civil Statutes) by prohibiting a midwife from providing
care in violation of Midwifery Board rules, except in emergency situations
that pose an immediate threat to the life of the woman or newborn. Makes
conforming changes. Deletes language regarding the prohibition of a
midwife to use a title, abbreviation or designation implying that they are
registered or certified; deletes a provision regarding assisting at a
childbirth other than a normal one. Adds language to prohibit a midwife
from using a false, misleading or deceptive advertising or identification
statement, including holding oneself out to be a registered nurse,
certified nurse midwife or licensed vocational nurse, and removes current
language in reference to an exception as authorized by adopted rules and
language referring to the use of nursing initials or other designations. 

SECTION 13.  Amends the Texas Midwifery Act (Article 4512i, Vernon's Texas
Civil Statutes) by adding Section 17A entitled "Grounds for Disciplinary
Action; Refusal to Issue Letter of Documentation" to specify  grounds
under which the Board of Health, with the recommendation of the Midwifery
Board, may discipline a midwife or refuse to issue a letter of
documentation. Requires the Board of Health to inform the Midwifery Board
of, and provide opportunities for input in each stage of a disciplinary
proceeding, including administrative penalties. 

SECTION 14.  Amends Section 18(a), Texas Midwifery Act (Article 4512i,
Vernon's Texas Civil Statutes) by replacing the term "midwife" with
"person required to be documented under this Act" and deleting language
relating to specific offenses under the Act. 

SECTION 15.  Amends Section 18B(a), Texas Midwifery Act (Article 4512i,
Vernon's Texas Civil Statutes) by clarifying that the Midwifery Board can
recommend that specific authorized officials can pursue civil action when
necessary. Specifies that the civil action would be against a person who
knowingly or intentionally practiced without proper documentation or in
violation of an order of the Midwifery Board or while the person's
documentation was suspended or revoked. 

SECTION 16.  Amends Section 18D, Texas Midwifery Act (Article 4512i,
Vernon's Texas Civil Statutes) by expanding the Midwifery Board's
rulemaking authority over investigations of complaints to provide for the
release of relevant midwifery or medical records to the Midwifery Board
without the necessity of consent by the midwife's client. 

SECTION 17.  Amends the Texas Midwifery Act (Article 4512i, Vernon's Texas
Civil Statutes)  by adding Section 18E, entitled "Administrative Penalty,"
allowing TDH to assess administrative penalties as specified; sets forth
standard procedures and considerations related to the assessment of
administrative penalties that TDH is required to follow.   

SECTION 18.  Amends Section 483.001(13), Health & Safety Code (Dangerous
Drugs), by referencing Section 16A of this Act in the current definition
of "prescription," and referencing documented midwives in accordance with
changes made in this Act.   

SECTION 19.  Amends Section 483.041(c), Health & Safety Code (Dangerous
Drugs), by exempting from existing restrictions on the possession of
dangerous drugs a documented  midwife who obtains oxygen for
administration to a mother or newborn or who obtains a dangerous drug for
the administration of prophylaxis to a newborn for the prevention of
ophthalmia neonatorum.   

SECTION 20.  Repeals Sections 10(e)-(i), Texas Midwifery Act (Article
4512i, Vernon's Texas Civil Statutes). 

SECTION 21.  Effective date is September 1, 1997.

SECTION 22.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

SECTION 1.  Regarding Sec. 1(c) of the Texas Midwifery Act, the definition
of "midwife" is modified in CSHB 2088, it was not addressed by the
original bill; also the substitute bill further changes the definitions
proposed for "midwifery" and "normal" in HB 2088.  

SECTION 2. CSHB 2088 adds a new section amending current language
regarding grounds for removal from the Midwifery Board in Sec. 3D(c) of
the Texas Midwifery Act.  

SECTION 3. The substitute adds a new section which amends language in Sec.
8 of the Texas Midwifery Act to clarify and expand the responsibilities of
the midwifery board. 

SECTION 4.  Modifications to Sec. 8A are addressed in this section of CSHB
2088. They had originally been placed in SECTION 2.  The substitute bill
further alters the changes made to subsection (b).  In subdivision (1),
the substitute bill replaces the term "identification" with
"documentation." It renumbers new subdivision (5) as subdivision (3) and
modifies the language to reflect definitions proposed within the
substitute. The words "and implement" are added to subdivision (7).   
In subsection (c), the substitute bill replaces the term "advice" with
"recommendation." 
Subsection (e) in CSHB 2088 replaces a citation which was incorrect in the
original bill and then specifies the restrictions on practice to include
practice limitation and the suspension, revocation and placement on
probation of documentation. 

SECTION 5.  A new section amending language referring to instructor
manuals and information manuals in Sec. 9(a), has been added to the
substitute bill 

SECTION 8.  A new section amending Sec. 12 and language referring to the
documentation letter has been added to the substitute bill.  

SECTION 9.  The substitute bill has a new section amending Sec. 15. It
conforms and updates references and language.  

SECTION 10.  The substitute revises the language amending Sec. 16(f) to
require a midwife to encourage a client to seek medical care if
complications arise. Language from the original bill required a midwife to
refer a client or newborn for medical care or consultation under certain
circumstances. 

SECTION 12.  CSHB 2088 revises the HB 2088's changes to Sec. 17. The
substitute prohibits a midwife from providing care in violation of rules
of the Midwifery Board except in emergency circumstances. The original
bill prohibited the provision of care to a woman or newborn determined not
to be normal, as was defined in the original bill. The substitute bill
removes a prohibition, which was not deleted by the original bill, against
using a title, abbreviation or any designation implying that the midwife
is registered or certified. It also adds new language prohibiting the use
of false, misleading or deceptive advertising or identification statements
and deletes current language referring to registered nurses and licensed
vocational nurses. 

SECTION 13.  The substitute bill changes the original bill's new Sec. 17A
to allow the Board of Health, with the recommendation of the Midwifery
Board, to discipline or refuse to issue a letter  of documentation to a
midwife. (Originally, the bill permitted the Board of Health or the
Midwifery Board to do so.) Also added is language requiring the Board of
Health to inform the Midwifery Board of and provide opportunities for
input into each stage of disciplinary proceedings. 

SECTION 14.  The substitute bill newly amends Sec. 18(a) relating to
offenses under the Act.  

SECTION 15.  CSHB 2088 adds this section which amends current language
regarding civil actions and specifying circumstances under which a person
may be subject to a civil penalty in Sec. 18B(a). 

SECTION 16.  The substitute modifies the original bill's amended Sec.18D
by replacing reference to "department" with "Midwifery Board" and deleting
the original bill's  proposed subdivision (4) relating to a departmental
inspection of a site where a midwife provided services.   

SECTION 19.  This section which amends Section 483.041(c), Health and
Safety Code was addressed in SECTION 12 of the original bill. The
substitute adds language to the new subdivision (9) allowing a midwife to
obtain oxygen for administration to a mother or newborn. 

SECTION 20.  CSHB 2088 repeals Section 10(e)-(i) of the Texas Midwifery
Act, which was not done in the original bill.