1-1 AN ACT
1-2 relating to the regulation of certain midwives; providing
1-3 administrative penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 1(c)(1), (2), (11), (12), and (13),
1-6 Texas Midwifery Act (Article 4512i, Vernon's Texas Civil Statutes),
1-7 are amended to read as follows:
1-8 (1) "Midwife" means a person who practices midwifery
1-9 and has met the requirements for documentation as established by
1-10 this Act and the rules of the [standards of the] midwifery board.
1-11 (2) "Midwifery" means the practice by a midwife of:
1-12 (A) providing [giving] the necessary
1-13 supervision, care, and advice to a woman during normal pregnancy,
1-14 labor, and the postpartum period;
1-15 (B) conducting a normal delivery of a child; and
1-16 (C) providing normal newborn care.
1-17 (11) "Normal [childbirth]" means, as applied in this
1-18 Act to pregnancy, [means the] labor, [and] delivery, the postpartum
1-19 period, and the newborn period, the determination by a midwife that
1-20 a client during those periods is at a low risk of developing [at or
1-21 close to term, of a pregnant woman whose assessment reveals no
1-22 abnormality or signs or symptoms of] complications, as defined in
1-23 rules adopted by the midwifery board.
1-24 (12) "Newborn [care]" means an infant from birth
2-1 through [the care of a child for] the first six weeks of [the
2-2 child's] life.
2-3 (13) "Postpartum period [care]" means [the care of a
2-4 woman for] the first six weeks after a [the] woman has given birth.
2-5 SECTION 2. Section 3D(c), Texas Midwifery Act (Article
2-6 4512i, Vernon's Texas Civil Statutes), is amended to read as
2-7 follows:
2-8 (c) If the program coordinator has knowledge that a
2-9 potential ground for removal exists, the program coordinator shall
2-10 notify the chairman of the midwifery board of the ground. The
2-11 program coordinator and chairman of the midwifery board [of health]
2-12 shall then notify the board [governor] that a potential ground for
2-13 removal exists.
2-14 SECTION 3. Section 8, Texas Midwifery Act (Article 4512i,
2-15 Vernon's Texas Civil Statutes), is amended to read as follows:
2-16 Sec. 8. DUTIES AND POWERS OF THE MIDWIFERY BOARD. Subject
2-17 to the approval of the Texas Board of Health, the midwifery board
2-18 shall:
2-19 (1) establish requirements for basic [approved]
2-20 midwifery education and midwifery continuing education [courses];
2-21 (2) [establish qualifications for the instructors of
2-22 those courses;]
2-23 [(3)] issue midwifery basic information manuals;
2-24 (3) [(4)] establish eligibility requirements for
2-25 taking a comprehensive midwifery [the final] examination before
2-26 initial documentation [of a basic midwifery education course]; and
2-27 (4) approve a comprehensive midwifery examination that
3-1 must be passed before initial documentation
3-2 [(5) issue final examinations for basic midwifery
3-3 education courses].
3-4 SECTION 4. Section 8A, Texas Midwifery Act (Article 4512i,
3-5 Vernon's Texas Civil Statutes), is amended by amending Subsections
3-6 (b) and (c) and by adding Subsection (e) to read as follows:
3-7 (b) Subject to the approval of the Texas Board of Health,
3-8 the midwifery board shall:
3-9 (1) adopt substantive and procedural rules as
3-10 necessary for the documentation [identification] of midwives;
3-11 (2) adopt rules prescribing minimum standards for the
3-12 approval and revocation of approval of basic midwifery education
3-13 courses and midwifery continuing education courses;
3-14 (3) adopt rules prescribing the standards for the
3-15 practice of midwifery in this state, including standards required
3-16 for the delineation of findings that preclude a woman or newborn
3-17 from being classified as having a normal pregnancy, labor,
3-18 delivery, postpartum period, or newborn period, and standards for
3-19 administration of oxygen to a mother or newborn by a midwife;
3-20 (4) adopt rules prescribing minimum standards for the
3-21 approval and revocation of approval of instructors or facilities
3-22 used in basic midwifery education courses and midwifery continuing
3-23 education courses;
3-24 (5) [(4)] adopt rules prescribing the type of courses
3-25 and number of hours required to meet the mandatory basic midwifery
3-26 education course and midwifery continuing education course
3-27 requirements;
4-1 (6) [(5)] adopt rules prescribing a procedure for
4-2 reporting and processing complaints relating to the practice of
4-3 midwifery in this state;
4-4 (7) adopt and implement substantive and procedural
4-5 rules as necessary to discipline midwives determined to be in
4-6 violation of this Act or otherwise a threat to the public health
4-7 and safety;
4-8 (8) adopt rules as necessary to establish eligibility
4-9 for reciprocity for initial documentation under this Act;
4-10 (9) [(6)] prepare and publish reports on the practice
4-11 of midwifery in this state including statistical reporting of
4-12 infant fetal morbidity and mortality; and
4-13 (10) [(7)] adopt any additional rules necessary to
4-14 implement any duty imposed on the board or the department under
4-15 this Act.
4-16 (c) The department, with the recommendation [advice] of the
4-17 midwifery board, shall:
4-18 (1) implement the rules governing basic midwifery
4-19 education courses and midwifery continuing education courses;
4-20 (2) implement the rules governing the approval of
4-21 instructors or facilities used for offering basic midwifery
4-22 education courses and midwifery continuing education courses;
4-23 (3) prepare and distribute basic midwifery information
4-24 and instructor manuals; and
4-25 (4) enter into contracts and agreements necessary to
4-26 carry out this Act.
4-27 (e) The rules adopted under Subsection (b)(7) of this
5-1 section must include rules relating to:
5-2 (1) warnings provided to midwives for violations of
5-3 this Act or rules adopted under this Act;
5-4 (2) agreed orders for additional education by
5-5 midwives;
5-6 (3) recommendations or requirements for medical or
5-7 psychological treatment, including treatment related to substance
5-8 abuse by midwives; and
5-9 (4) restrictions on the practice of a midwife,
5-10 including practice limitation and the suspension, revocation, and
5-11 placement on probation of documentation.
5-12 SECTION 5. Section 9(a), Texas Midwifery Act (Article 4512i,
5-13 Vernon's Texas Civil Statutes), is amended to read as follows:
5-14 (a) The midwifery board shall approve basic information
5-15 manuals and instructor manuals for the practice of midwifery, which
5-16 may be used in basic midwifery education courses. The department
5-17 shall provide the manuals to each documented midwife and to any
5-18 other person on request. An approved basic information manual must
5-19 include information about:
5-20 (1) the knowledge necessary to practice as a midwife;
5-21 (2) the basic education and continuing education
5-22 requirements for a midwife;
5-23 (3) the legal requirements and procedures pertaining
5-24 to midwifery;
5-25 (4) the standards of practice for a midwife; and
5-26 (5) other information or procedures required by the
5-27 midwifery board or the board.
6-1 SECTION 6. Section 10(b), Texas Midwifery Act (Article
6-2 4512i, Vernon's Texas Civil Statutes), is amended to read as
6-3 follows:
6-4 (b) At the time of initial documentation, the person shall
6-5 provide the program coordinator with documentary evidence that the
6-6 person has met all of the requirements for [the] mandatory basic
6-7 midwifery education [course] as prescribed by rules approved by the
6-8 board and has passed the comprehensive midwifery examination
6-9 approved by the midwifery board. [The person may also provide the
6-10 program coordinator with a letter of documentation issued under
6-11 Section 12 of this Act as evidence that the midwife has passed the
6-12 voluntary examination of the course.]
6-13 SECTION 7. Section 11, Texas Midwifery Act (Article 4512i,
6-14 Vernon's Texas Civil Statutes), is amended to read as follows:
6-15 Sec. 11. EXAMINATION. (a) The midwifery board, with the
6-16 approval of the board, shall adopt a comprehensive midwifery
6-17 examination for persons regulated under this Act.
6-18 (b) [(e)] The midwifery board shall have the written portion
6-19 of the examination, if any, validated by an independent testing
6-20 professional.
6-21 SECTION 8. Section 12, Texas Midwifery Act (Article 4512i,
6-22 Vernon's Texas Civil Statutes), is amended to read as follows:
6-23 Sec. 12. DOCUMENTATION LETTER. The department shall provide
6-24 a letter of documentation to a person who fulfills the
6-25 [educational] requirements for documentation.
6-26 SECTION 9. Section 15, Texas Midwifery Act (Article 4512i,
6-27 Vernon's Texas Civil Statutes), is amended to read as follows:
7-1 Sec. 15. ROSTER. (a) The department shall maintain a
7-2 roster of all persons documented as midwives in this state
7-3 [identified to practice midwifery].
7-4 (b) The roster shall contain for each person the information
7-5 required on the documentation [identification] form of this Act and
7-6 other information that the department determines necessary to
7-7 identify with accuracy each midwife who is documented [identified]
7-8 under this Act. This information shall be [a] public information
7-9 [record] as defined in Chapter 552, Government Code [424, Acts of
7-10 the 63rd Legislature, Regular Session, 1973 (Article 6252-17a,
7-11 Vernon's Texas Civil Statutes)].
7-12 SECTION 10. Section 16(f), Texas Midwifery Act (Article
7-13 4512i, Vernon's Texas Civil Statutes), is amended to read as
7-14 follows:
7-15 (f) A midwife shall encourage a client to seek medical care
7-16 through consultation or referral, as specified by rules adopted by
7-17 the midwifery board, if the midwife determines that the pregnancy,
7-18 labor, delivery, postpartum period, or newborn period of a woman or
7-19 newborn may not be classified as "normal" for purposes of this Act
7-20 [recognizes a sign or symptom of a complication to the client's
7-21 childbirth].
7-22 SECTION 11. The Texas Midwifery Act (Article 4512i, Vernon's
7-23 Texas Civil Statutes) is amended by adding Section 16A to read as
7-24 follows:
7-25 Sec. 16A. PREVENTION OF OPHTHALMIA NEONATORUM. Unless the
7-26 newborn is immediately transferred to a hospital because of an
7-27 emergency, a midwife who attends the birth of a child shall
8-1 administer to that child prophylaxis approved by the board for the
8-2 prevention of ophthalmia neonatorum as required under Section
8-3 81.091, Health and Safety Code.
8-4 SECTION 12. Section 17, Texas Midwifery Act (Article 4512i,
8-5 Vernon's Texas Civil Statutes), is amended to read as follows:
8-6 Sec. 17. PROHIBITED ACTS. (a) A midwife may not:
8-7 (1) provide midwifery care in violation of rules
8-8 adopted by the midwifery board, except in an emergency situation
8-9 that poses an immediate threat to the life of a woman or newborn;
8-10 (2) except for prophylaxis approved by the board to
8-11 prevent ophthalmia neonatorum or the administration of oxygen in
8-12 accordance with rules of the midwifery board, administer a
8-13 prescription drug to a client except under the supervision of a
8-14 licensed physician in accordance with the laws of this state;
8-15 (3) [(2)] use forceps or surgical instruments for any
8-16 procedure other than cutting the umbilical cord or providing
8-17 emergency first aid during delivery;
8-18 (4) [(3)] remove placenta by invasive techniques;
8-19 (5) [(4)] advance or retard labor or delivery by using
8-20 medicines or mechanical devices;
8-21 (6) except as provided by Subsection (b) of this
8-22 section, [(5)] use in connection with the midwife's name a title,
8-23 abbreviation or any designation tending to imply that the midwife
8-24 is a "registered" or "certified" midwife as opposed to one who is
8-25 identified in compliance with this Act;
8-26 [(6) assist at childbirth other than a normal
8-27 childbirth except in an emergency situation that poses an immediate
9-1 threat to the life of the mother or newborn;]
9-2 (7) advertise or otherwise represent that the midwife
9-3 is a physician or a graduate of a medical school unless the midwife
9-4 is licensed to practice medicine by the Texas State Board of
9-5 Medical Examiners;
9-6 (8) use any advertising or identification statement
9-7 that is false, misleading, or deceptive;
9-8 (9) [(8)] except as authorized by rules adopted by the
9-9 Board of Nurse Examiners and the Board of Vocational Nurse
9-10 Examiners, use in combination with the term "midwife," the term
9-11 "nurse" or other title, initials, or other designation that implies
9-12 that the midwife is licensed as a registered nurse or licensed
9-13 vocational nurse; or
9-14 (10) [(9)] make a false statement or false record on a
9-15 birth certificate pursuant to Section 195.003, Health and Safety
9-16 Code.
9-17 (b) Notwithstanding Subsection (a)(6) of this section, a
9-18 midwife certified by the North American Registry of Midwives that,
9-19 in an identification statement or advertisement, uses "certified"
9-20 as part of the midwife's title must include in the statement or
9-21 advertisement that the midwife is certified by the North American
9-22 Registry of Midwives. The midwife may not use an identification
9-23 statement or advertisement that would lead a reasonable person to
9-24 believe that the midwife is certified by any governmental entity.
9-25 SECTION 13. The Texas Midwifery Act (Article 4512i, Vernon's
9-26 Texas Civil Statutes) is amended by adding Section 17A to read as
9-27 follows:
10-1 Sec. 17A. GROUNDS FOR DISCIPLINARY ACTION; REFUSAL TO ISSUE
10-2 LETTER OF DOCUMENTATION. The midwifery board may discipline a
10-3 documented midwife and may refuse to issue a letter of
10-4 documentation to an individual for:
10-5 (1) noncompliance with this Act or rules adopted under
10-6 this Act;
10-7 (2) submission of false or misleading information to
10-8 the midwifery board, the board, or the department;
10-9 (3) conviction of a felony or of a misdemeanor
10-10 involving moral turpitude;
10-11 (4) intemperate use of alcohol or drugs;
10-12 (5) unprofessional or dishonorable conduct that may
10-13 reasonably be determined to deceive or defraud the public;
10-14 (6) inability to practice midwifery with reasonable
10-15 skill and safety because of illness, disability, or psychological
10-16 impairment;
10-17 (7) judgment by a court of competent jurisdiction that
10-18 the individual is mentally impaired;
10-19 (8) a suspension, a revocation, or another
10-20 disciplinary action taken by another jurisdiction affecting the
10-21 individual's authority to practice midwifery;
10-22 (9) submission of a birth or death certificate known
10-23 by the individual to be false or fraudulent or other noncompliance
10-24 with Title 3, Health and Safety Code, and rules adopted under that
10-25 title;
10-26 (10) noncompliance with Chapter 244, Health and Safety
10-27 Code, or rules adopted under that chapter; or
11-1 (11) failure to practice midwifery in a manner
11-2 consistent with the public health and safety.
11-3 SECTION 14. Section 18(a), Texas Midwifery Act (Article
11-4 4512i, Vernon's Texas Civil Statutes), is amended to read as
11-5 follows:
11-6 (a) A person required to be documented under this Act
11-7 [midwife] commits an offense if the person [midwife] knowingly or
11-8 intentionally[:]
11-9 [(1)] practices midwifery without proper documentation
11-10 issued under this Act[;]
11-11 [(2) fails to comply with the requirements of this Act
11-12 relating to the collection of blood specimens for the screening of
11-13 newborns;]
11-14 [(3) commits an act prohibited by Section 17 of this
11-15 Act; or]
11-16 [(4) fails to comply with the disclosure requirements
11-17 of this Act].
11-18 SECTION 15. Section 18B(a), Texas Midwifery Act (Article
11-19 4512i, Vernon's Texas Civil Statutes), is amended to read as
11-20 follows:
11-21 (a) At the request of the midwifery board or commissioner,
11-22 the attorney general or a district, county, or city attorney may
11-23 institute a civil action in district court to collect a civil
11-24 penalty from a person who is required to be documented under this
11-25 Act and who knowingly or intentionally has practiced midwifery:
11-26 (1) without proper documentation issued under
11-27 [violated] this Act; or
12-1 (2) in violation of an order of the midwifery board or
12-2 while the person's documentation was suspended or revoked.
12-3 SECTION 16. Section 18D, Texas Midwifery Act (Article 4512i,
12-4 Vernon's Texas Civil Statutes), is amended to read as follows:
12-5 Sec. 18D. COMPLAINT INVESTIGATION AND DISPOSITION. The
12-6 midwifery board shall adopt rules concerning the investigation of a
12-7 complaint filed with the midwifery board. The rules adopted under
12-8 this subsection shall:
12-9 (1) distinguish between categories of complaints;
12-10 [and]
12-11 (2) ensure that the person who filed the complaint has
12-12 an opportunity to explain the allegations made in the complaint;
12-13 and
12-14 (3) provide for the release of any relevant midwifery
12-15 or medical record to the midwifery board, without the necessity of
12-16 consent by the midwife's client, as necessary to conduct an
12-17 investigation of a complaint.
12-18 SECTION 17. The Texas Midwifery Act (Article 4512i, Vernon's
12-19 Texas Civil Statutes) is amended by adding Section 18E to read as
12-20 follows:
12-21 Sec. 18E. ADMINISTRATIVE PENALTY. (a) The midwifery board
12-22 may assess an administrative penalty against a person who violates
12-23 this Act or a rule adopted under this Act.
12-24 (b) The penalty may not exceed $1,000 for each violation.
12-25 Each day of a continuing violation constitutes a separate
12-26 violation.
12-27 (c) In determining the amount of an administrative penalty
13-1 assessed under this section, the midwifery board shall consider:
13-2 (1) the seriousness of the violation;
13-3 (2) the history of previous violations;
13-4 (3) the amount necessary to deter future violations;
13-5 (4) efforts made to correct the violation; and
13-6 (5) any other matters that justice may require.
13-7 (d) All proceedings for the assessment of an administrative
13-8 penalty under this Act are subject to Chapter 2001, Government
13-9 Code.
13-10 (e) If, after investigation of a possible violation and the
13-11 facts surrounding that possible violation, the midwifery board or
13-12 its designee determines that a violation has occurred, the
13-13 midwifery board or its designee shall give written notice of the
13-14 violation to the person alleged to have committed the violation.
13-15 The notice must include:
13-16 (1) a brief summary of the alleged violation;
13-17 (2) a statement of the amount of the proposed penalty
13-18 based on the factors set forth in Subsection (c) of this section;
13-19 and
13-20 (3) a statement of the person's right to a hearing on
13-21 the occurrence of the violation, the amount of the penalty, or both
13-22 the occurrence of the violation and the amount of the penalty.
13-23 (f) Not later than the 20th day after the date on which the
13-24 notice is received, the person notified may accept the
13-25 determination of the midwifery board or its designee made under
13-26 this section, including the proposed penalty, or make a written
13-27 request for a hearing on that determination.
14-1 (g) If the person notified of the violation accepts the
14-2 determination of the midwifery board or its designee, the midwifery
14-3 board shall issue an order approving the determination and ordering
14-4 that the person pay the proposed penalty.
14-5 (h) If the person notified under Subsection (e) of this
14-6 section timely requests a hearing, the midwifery board or its
14-7 designee shall:
14-8 (1) set a hearing;
14-9 (2) give written notice of the hearing to the person;
14-10 and
14-11 (3) designate a hearings examiner to conduct the
14-12 hearing.
14-13 (i) The hearings examiner shall make findings of fact and
14-14 conclusions of law and shall promptly issue to the midwifery board
14-15 a proposal for decision as to the occurrence of the violation and a
14-16 recommendation as to the amount of the proposed penalty if a
14-17 penalty is determined to be warranted.
14-18 (j) Based on the findings of fact and conclusions of law and
14-19 the recommendations of the hearings examiner, the midwifery board
14-20 by order may find that a violation has occurred and may assess a
14-21 penalty or may find that no violation has occurred.
14-22 (k) The midwifery board shall give notice of the order under
14-23 Subsection (j) of this section to the person notified. The notice
14-24 must include:
14-25 (1) separate statements of the findings of fact and
14-26 conclusions of law;
14-27 (2) the amount of any penalty assessed; and
15-1 (3) a statement of the right of the person to judicial
15-2 review of the order.
15-3 (l) Not later than the 30th day after the date on which the
15-4 decision is final as provided by Chapter 2001, Government Code, the
15-5 person shall:
15-6 (1) pay the penalty;
15-7 (2) pay the penalty and file a petition for judicial
15-8 review contesting the occurrence of the violation, the amount of
15-9 the penalty, or both the occurrence of the violation and the
15-10 amount of the penalty; or
15-11 (3) without paying the penalty, file a petition for
15-12 judicial review contesting the occurrence of the violation, the
15-13 amount of the penalty, or both the occurrence of the violation and
15-14 the amount of the penalty.
15-15 (m) Within the 30-day period, a person who acts under
15-16 Subsection (l)(3) of this section may:
15-17 (1) stay enforcement of the penalty by:
15-18 (A) paying the penalty to the court for
15-19 placement in an escrow account; or
15-20 (B) giving to the court a supersedeas bond that
15-21 is approved by the court for the amount of the penalty and that is
15-22 effective until all judicial review of the order is final; or
15-23 (2) request the court to stay enforcement of the
15-24 penalty by:
15-25 (A) filing with the court a sworn affidavit of
15-26 the person stating that the person is financially unable to pay the
15-27 amount of the penalty and is financially unable to give the
16-1 supersedeas bond; and
16-2 (B) giving a copy of the affidavit to the
16-3 midwifery board by certified mail.
16-4 (n) If the midwifery board receives a copy of an affidavit
16-5 under Subsection (m)(2) of this section, the midwifery board may
16-6 file with the court, within five days after the date the copy is
16-7 received, a contest to the affidavit. The court shall hold a
16-8 hearing on the facts alleged in the affidavit as soon as
16-9 practicable and shall stay the enforcement of the penalty on
16-10 finding that the alleged facts are true. The person who files an
16-11 affidavit has the burden of proving that the person is financially
16-12 unable to pay the penalty and to give a supersedeas bond.
16-13 (o) If the person does not pay the penalty and the
16-14 enforcement of the penalty is not stayed, the midwifery board may
16-15 refer the matter to the attorney general for collection of the
16-16 penalty.
16-17 (p) Judicial review of the order:
16-18 (1) is instituted by filing a petition as provided by
16-19 Subchapter G, Chapter 2001, Government Code; and
16-20 (2) is under the substantial evidence rule.
16-21 (q) If the court sustains the occurrence of the violation,
16-22 the court may uphold or reduce the amount of the penalty and order
16-23 the person to pay the full or reduced amount of the penalty. If
16-24 the court does not sustain the occurrence of the violation, the
16-25 court shall order that no penalty is owed.
16-26 (r) When the judgment of the court becomes final, the court
16-27 shall proceed under this subsection. If the person paid the amount
17-1 of the penalty under Subsection (l)(2) of this section and if that
17-2 amount is reduced or is not upheld by the court, the court shall
17-3 order that the midwifery board pay the appropriate amount plus
17-4 accrued interest to the person. The rate of the interest is the
17-5 rate charged on loans to depository institutions by the New York
17-6 Federal Reserve Bank, and the interest shall be paid for the period
17-7 beginning on the date the penalty was paid and ending on the date
17-8 the penalty is remitted. If the person paid the penalty under
17-9 Subsection (m)(1)(A) of this section or gave a supersedeas bond and
17-10 if the amount of the penalty is not upheld by the court, the court
17-11 shall order the release of the escrow account or bond. If the
17-12 person paid the penalty under Subsection (m)(1)(A) and the amount
17-13 of the penalty is reduced, the court shall order that the amount of
17-14 the penalty be paid to the midwifery board from the escrow account
17-15 and that the remainder of the account be released. If the person
17-16 gave a supersedeas bond and if the amount of the penalty is
17-17 reduced, the court shall order the release of the bond after the
17-18 person pays the amount.
17-19 (s) An administrative penalty collected under this section
17-20 shall be deposited in the state treasury to the credit of the
17-21 general revenue fund.
17-22 (t) The midwifery board may assess reasonable expenses and
17-23 costs against a person in an administrative hearing if, as a result
17-24 of the hearing, an administrative penalty is assessed against the
17-25 person. The person shall pay expenses and costs assessed under
17-26 this subsection not later than the 30th day after the date of the
17-27 order of the midwifery board requiring the payment of expenses and
18-1 costs is final. The midwifery board may refer the matter to the
18-2 attorney general for collection of the expenses and costs.
18-3 (u) If the attorney general brings an action against a
18-4 person to enforce an administrative penalty assessed under this Act
18-5 and the person is found liable for an administrative penalty, the
18-6 attorney general may recover, on behalf of the attorney general,
18-7 midwifery board, and the department, reasonable expenses and
18-8 costs.
18-9 (v) For purposes of this section, "reasonable expenses and
18-10 costs" includes expenses incurred by the department, midwifery
18-11 board, and the attorney general in the investigation, initiation,
18-12 or prosecution of an action, including reasonable investigative
18-13 costs, court costs, attorney's fees, witness fees, and deposition
18-14 expenses.
18-15 (w) Costs and expenses collected under this section shall be
18-16 deposited in the state treasury to the credit of a special account
18-17 that may be appropriated only to the department. Section 403.095,
18-18 Government Code, does not apply to the account.
18-19 SECTION 18. Section 483.001(13), Health and Safety Code, is
18-20 amended to read as follows:
18-21 (13) "Prescription" means an order from a
18-22 practitioner, or an agent of the practitioner designated in writing
18-23 as authorized to communicate prescriptions, or an order made in
18-24 accordance with Section 3.06(d)(5) or (6), Medical Practice Act
18-25 (Article 4495b, Vernon's Texas Civil Statutes), or Section 16A,
18-26 Texas Midwifery Act (Article 4512i, Vernon's Texas Civil Statutes),
18-27 to a pharmacist for a dangerous drug to be dispensed that states:
19-1 (A) the date of the order's issue;
19-2 (B) the name and address of the patient;
19-3 (C) if the drug is prescribed for an animal, the
19-4 species of the animal;
19-5 (D) the name and quantity of the drug
19-6 prescribed;
19-7 (E) the directions for the use of the drug;
19-8 (F) the intended use of the drug unless the
19-9 practitioner determines the furnishing of this information is not
19-10 in the best interest of the patient;
19-11 (G) the name, address, and telephone number of
19-12 the practitioner at the practitioner's usual place of business,
19-13 legibly printed or stamped; and
19-14 (H) the name, address, and telephone number of
19-15 the documented midwife, registered nurse, or physician assistant,
19-16 legibly printed or stamped, if signed by a documented midwife,
19-17 registered nurse, or physician assistant.
19-18 SECTION 19. Section 483.041(c), Health and Safety Code, is
19-19 amended to read as follows:
19-20 (c) Subsection (a) does not apply to the possession of a
19-21 dangerous drug in the usual course of business or practice or in
19-22 the performance of official duties by the following persons or an
19-23 agent or employee of the person:
19-24 (1) a pharmacy licensed by the board;
19-25 (2) a practitioner;
19-26 (3) a person who obtains a dangerous drug for lawful
19-27 research, teaching, or testing, but not for resale;
20-1 (4) a hospital that obtains a dangerous drug for
20-2 lawful administration by a practitioner;
20-3 (5) an officer or employee of the federal, state, or
20-4 local government;
20-5 (6) a manufacturer or wholesaler licensed by the
20-6 commissioner of health under Chapter 431 (Texas Food, Drug, and
20-7 Cosmetic Act);
20-8 (7) a carrier or warehouseman; [or]
20-9 (8) a home and community support services agency
20-10 licensed under Chapter 142, which may possess sterile water for
20-11 injection and irrigation and sterile saline for injection and
20-12 irrigation as authorized by Section 142.0061; or
20-13 (9) a documented midwife who obtains oxygen for
20-14 administration to a mother or newborn or who obtains a dangerous
20-15 drug for the administration of prophylaxis to a newborn for the
20-16 prevention of ophthalmia neonatorum in accordance with Section 16A,
20-17 Texas Midwifery Act (Article 4512i, Vernon's Texas Civil Statutes).
20-18 SECTION 20. Sections 10(e)-(i), Texas Midwifery Act (Article
20-19 4512i, Vernon's Texas Civil Statutes), are repealed.
20-20 SECTION 21. This Act takes effect September 1, 1997.
20-21 SECTION 22. The importance of this legislation and the
20-22 crowded condition of the calendars in both houses create an
20-23 emergency and an imperative public necessity that the
20-24 constitutional rule requiring bills to be read on three several
20-25 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2088 was passed by the House on May
7, 1997, by a non-record vote; that the House refused to concur in
Senate amendments to H.B. No. 2088 on May 29, 1997, and requested
the appointment of a conference committee to consider the
differences between the two houses; and that the House adopted the
conference committee report on H.B. No. 2088 on May 31, 1997, by a
non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2088 was passed by the Senate, with
amendments, on May 26, 1997, by the following vote: Yeas 31, Nays
0; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
2088 on May 31, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor