88R2386 SCP-D
 
  By: Paxton S.B. No. 534
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the administration of certain drugs by a midwife.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 203.256, Occupations Code, is amended to
  read as follows:
         Sec. 203.256.  TRAINING IN NEWBORN SCREENING,
  ADMINISTRATION OF CERTAIN DRUGS, AND BASIC LIFE SUPPORT
  CARDIOPULMONARY RESUSCITATION. A person who practices midwifery in
  this state must provide the department with satisfactory evidence
  that the person:
               (1)  is trained to:
                     (A)  perform the newborn screening tests under
  Section 203.354 or has made arrangements for the performance of
  those tests; and
                     (B)  administer the drugs described by Section
  203.3525; and
               (2)  holds:
                     (A)  a current certificate issued by the American
  Heart Association in basic life support cardiopulmonary
  resuscitation; or
                     (B)  another form of certification acceptable to
  the department that demonstrates proficiency in basic life support
  cardiopulmonary resuscitation for adults and children.
         SECTION 2.  Subchapter G, Chapter 203, Occupations Code, is
  amended by adding Section 203.302 to read as follows:
         Sec. 203.302.  CONTINUING EDUCATION IN PHARMACOLOGY. The
  commission by rule shall require a licensed midwife to complete, in
  addition to the minimum number of hours of continuing education
  required to renew a license, a course in pharmacology that includes
  training in the administration of the drugs described by Section
  203.3525.
         SECTION 3.  Subchapter H, Chapter 203, Occupations Code, is
  amended by adding Section 203.3525 to read as follows:
         Sec. 203.3525.  ADMINISTRATION OF CERTAIN DRUGS. (a) A
  midwife may administer:
               (1)  a drug commonly used in labor or postpartum care,
  including an antihemorrhagic drug, intravenous fluids, or a local
  anesthetic; or
               (2)  a prophylactic drug that meets the applicable
  standard of care for a woman or newborn.
         (b)  The administration of a drug by a midwife under this
  section does not constitute the practice of medicine as defined by
  Subtitle B.
         SECTION 4.  Section 203.401, Occupations Code, is amended to
  read as follows:
         Sec. 203.401.  PROHIBITED PRACTICES. A midwife may not:
               (1)  provide midwifery care in violation of commission
  rule, except in an emergency that poses an immediate threat to the
  life of a woman or newborn;
               (2)  administer a prescription drug to a client other
  than:
                     (A)  a drug administered under the supervision of
  a licensed physician in accordance with state law;
                     (B)  prophylaxis approved by the Department of
  State Health Services to prevent ophthalmia neonatorum; [or]
                     (C)  oxygen administered in accordance with
  commission rule; or
                     (D)  a drug described by Section 203.3525; 
               (3)  use forceps or a surgical instrument for a
  procedure other than cutting the umbilical cord or providing
  emergency first aid during delivery;
               (4)  remove placenta by invasive techniques;
               (5)  use a mechanical device or medicine to advance or
  retard labor or delivery; or
               (6)  make on a birth certificate a false statement or
  false record in violation of Section 195.003, Health and Safety
  Code.
         SECTION 5.  Not later than December 1, 2023, the Texas
  Commission of Licensing and Regulation shall adopt rules as
  required by Section 203.302, Occupations Code, as added by this
  Act.
         SECTION 6.  Section 203.302, Occupations Code, as added by
  this Act, applies only to the renewal of a midwife license on or
  after February 1, 2024. The renewal of a license before February 1,
  2024, is governed by the law in effect immediately before the
  effective date of this Act, and the former law is continued in
  effect for that purpose.
         SECTION 7.  Section 203.401, Occupations Code, as amended by
  this Act, applies only to conduct that occurs on or after February
  1, 2024. Conduct that occurs before February 1, 2024, is governed
  by the law in effect immediately before the effective date of this
  Act, and the former law is continued in effect for that purpose.
         SECTION 8.  (a) Except as provided by Subsection (b) of this
  section, this Act takes effect September 1, 2023.
         (b)  Section 203.256, Occupations Code, as amended by this
  Act, and Section 203.3525, Occupations Code, as added by this Act,
  take effect February 1, 2024.