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A BILL TO BE ENTITLED
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AN ACT
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relating to the administration of certain drugs by a midwife. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 203.256, Occupations Code, is amended to |
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read as follows: |
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Sec. 203.256. TRAINING IN NEWBORN SCREENING, |
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ADMINISTRATION OF CERTAIN DRUGS, AND BASIC LIFE SUPPORT |
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CARDIOPULMONARY RESUSCITATION. A person who practices midwifery in |
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this state must provide the department with satisfactory evidence |
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that the person: |
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(1) is trained to: |
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(A) perform the newborn screening tests under |
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Section 203.354 or has made arrangements for the performance of |
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those tests; and |
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(B) administer the drugs described by Section |
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203.3525; and |
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(2) holds: |
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(A) a current certificate issued by the American |
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Heart Association in basic life support cardiopulmonary |
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resuscitation; or |
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(B) another form of certification acceptable to |
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the department that demonstrates proficiency in basic life support |
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cardiopulmonary resuscitation for adults and children. |
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SECTION 2. Section 203.304, Occupations Code, is amended by |
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adding Subsection (a-1) to read as follows: |
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(a-1) The commission by rule shall require a licensed |
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midwife to complete, as part of the minimum hours required to renew |
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a license: |
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(1) a course in pharmacology; and |
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(2) training in the administration of the drugs |
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described by Section 203.3525. |
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SECTION 3. Subchapter H, Chapter 203, Occupations Code, is |
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amended by adding Section 203.3525 to read as follows: |
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Sec. 203.3525. ADMINISTRATION OF CERTAIN DRUGS. (a) A |
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midwife may administer: |
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(1) a drug commonly used in labor or postpartum care, |
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including an anti-hemorrhagic drug, intravenous fluids, or a local |
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anesthetic; or |
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(2) a prophylactic drug that meets the applicable |
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standard of care for a woman or newborn and is approved by the |
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Department of State Health Services. |
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(b) The administration of a drug by a midwife under this |
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section does not constitute the practice of medicine as defined by |
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Subtitle B. |
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SECTION 4. Section 203.401, Occupations Code, is amended to |
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read as follows: |
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Sec. 203.401. PROHIBITED PRACTICES. A midwife may not: |
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(1) provide midwifery care in violation of commission |
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rule, except in an emergency that poses an immediate threat to the |
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life of a woman or newborn; |
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(2) administer a prescription drug to a client other |
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than: |
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(A) a drug administered under the supervision of |
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a licensed physician in accordance with state law; |
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(B) prophylaxis approved by the Department of |
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State Health Services to prevent ophthalmia neonatorum; [or] |
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(C) oxygen administered in accordance with |
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commission rule; or |
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(D) a drug described by Section 203.3525; |
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(3) use forceps or a surgical instrument for a |
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procedure other than cutting the umbilical cord or providing |
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emergency first aid during delivery; |
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(4) remove placenta by invasive techniques; |
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(5) use a mechanical device or medicine to advance or |
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retard labor or delivery; or |
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(6) make on a birth certificate a false statement or |
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false record in violation of Section 195.003, Health and Safety |
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Code. |
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SECTION 5. Not later than December 1, 2021, the Texas |
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Commission of Licensing and Regulation shall adopt rules as |
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required by Section 203.304(a-1), Occupations Code, as added by |
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this Act. |
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SECTION 6. Section 203.304(a-1), Occupations Code, as added |
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by this Act, applies only to the renewal of a midwife license on or |
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after March 1, 2022. The renewal of a license before March 1, 2022, |
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is governed by the law in effect immediately before the effective |
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date of this Act, and the former law is continued in effect for that |
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purpose. |
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SECTION 7. Section 203.401, Occupations Code, as amended by |
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this Act, applies only to conduct that occurs on or after March 1, |
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2022. Conduct that occurs before March 1, 2022, is governed by the |
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law in effect immediately before the effective date of this Act, and |
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the former law is continued in effect for that purpose. |
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SECTION 8. (a) Except as provided by Subsection (b) of this |
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section, this Act takes effect September 1, 2021. |
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(b) Section 203.256, Occupations Code, as amended by this |
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Act, and Section 203.3525, Occupations Code, as added by this Act, |
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take effect March 1, 2022. |