Chapter 203. Midwives
Occupations Code Sections 203.001–203.2556


§ 203.001

This chapter may be cited as the Texas Midwifery Act.Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

§ 203.002

In this chapter:(1) Repealed by Acts 2005, 79th Leg., Ch. 1240, Sec. 56(1), eff. September 1, 2005.(2) "Certified nurse-midwife" means a person...

§ 203.003

The legislature finds:(1) a parent has the responsibility and right to give birth where and with whom the parent chooses;(2) childbirth is a...

§ 203.004

This chapter does not apply to:(1) a certified nurse-midwife, a physician, or another health care professional licensed by the state and...

§ 203.005

This chapter does not prohibit a municipality from adopting a local ordinance or rule to regulate the practice of midwifery in the municipality if...

§ 203.006

The midwifery board is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the...

§ 203.051

The commissioner shall appoint a midwifery board that reports directly to the commissioner.Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1,...

§ 203.052

(a) The midwifery board consists of nine members appointed as follows:(1) five licensed midwife members each of whom has at least three years'...

§ 203.053

A person is not eligible for appointment as a public member of the midwifery board if the person or the person's spouse:(1) is registered,...

§ 203.054

(a) In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional...

§ 203.055

Members of the midwifery board serve for staggered terms of six years. The terms of three members expire on January 31 of each odd-numbered...

§ 203.056

The commissioner shall designate a public member of the midwifery board as the presiding officer of the midwifery board to serve in that capacity...

§ 203.057

(a) It is a ground for removal from the midwifery board that a member:(1) does not have at the time of taking office the qualifications required...

§ 203.058

A midwifery board member may receive reimbursement for travel expenses as provided by the General Appropriations Act. Acts 1999, 76th Leg., ch....

§ 203.059

(a) The midwifery board shall meet at least semiannually.(b) The midwifery board shall meet at other times at the call of the midwifery board or...

§ 203.060

(a) A person who is appointed to and qualifies for office as a member of the midwifery board may not vote, deliberate, or be counted as a member...

§ 203.101

The department shall, after consultation with the midwifery board, employ a coordinator for the midwifery program and the staff necessary to...

§ 203.102

The program coordinator shall supervise the staff in the performance of administrative duties, including:(1) keeping the minutes of midwifery...

§ 203.103

The midwifery board shall develop and implement policies that clearly define the respective responsibilities of the midwifery board and the staff...

§ 203.104

(a) The program coordinator or the program coordinator's designee shall prepare and maintain a written policy statement to ensure implementation...

§ 203.151

(a) Subject to the approval of the executive commissioner, the midwifery board shall:(1) adopt substantive and procedural rules necessary for...

§ 203.152

(a) Subject to the approval of the executive commissioner, the midwifery board by rule shall establish reasonable and necessary fees that, in the...

§ 203.153

(a) Subject to the approval of the department, the midwifery board shall issue basic information manuals for the practice of midwifery. The...

§ 203.154

(a) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1083, Sec. 25(138), eff. June 17, 2011.(b) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1083,...

§ 203.155

(a) The midwifery board shall adopt rules concerning the investigation of a complaint filed with the midwifery board.(b) The rules adopted under...

§ 203.156

(a) Repealed by Acts 2005, 79th Leg., Ch. 1240, Sec. 56(2), eff. September 1, 2005.(b) The department, with the recommendation of the midwifery...

§ 203.157

(a) The department shall maintain a roster of each person licensed as a midwife in this state.(b) The roster shall contain for each person the...

§ 203.158

(a) The midwifery board may not propose rules restricting advertising or competitive bidding by a licensed midwife except to prohibit false,...

§ 203.159

(a) The midwifery board may appoint committees to assist the midwifery board with its functions under this chapter.(b) Only a member of the...

§ 203.160

Subject to the approval of the executive commissioner, the midwifery board shall implement a policy requiring the midwifery board to use...

§ 203.161

(a) Subject to the approval of the executive commissioner, the midwifery board shall develop and implement a policy to encourage the use of:(1) ...

§ 203.201

(a) The midwifery board shall prepare information of public interest describing the functions of the midwifery board and the procedures by which...

§ 203.202

(a) The midwifery board by rule shall establish methods by which consumers and service recipients are notified of the name, mailing address, and...

§ 203.203

(a) The midwifery board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the midwifery...

§ 203.251

(a) A person may not practice midwifery unless the person holds a license issued under this chapter.(b) The department shall provide a license...

§ 203.252

(a) A person qualifies to become a licensed midwife under this chapter if the person provides the program coordinator with documentary evidence...

§ 203.253

A person who practices midwifery must apply to the department to be licensed as a midwife. The application must:(1) be accompanied by a...

§ 203.254

Subject to the approval of the executive commissioner, the midwifery board shall establish requirements for basic midwifery education.Acts 1999,...

§ 203.255

(a) The midwifery board, with the approval of the executive commissioner, shall:(1) adopt a comprehensive midwifery examination for persons...

§ 203.256

A person who practices midwifery in this state must provide the program coordinator with satisfactory evidence that the person:(1) is trained to...

§ 203.301

An applicant for renewal of a license under this chapter must apply biennially as provided in Section 203.253.Acts 1999, 76th Leg., ch. 388, Sec....

§ 203.302

(a) A licensed midwife is responsible for renewing a license before the expiration date of the license. A person whose license has expired may...

§ 203.303

(a) The midwifery board by rule may adopt a system under which licenses expire on various dates during the year.(b) For the year in which the...

§ 203.304

(a) Subject to the approval of the executive commissioner, the midwifery board shall establish requirements for continuing midwifery education,...

§ 203.305

The midwifery board may assess the continuing education needs of licensed midwives and may require licensed midwives to attend continuing...

§ 203.306

The midwifery board may refuse to renew the license of a person who fails to pay an administrative penalty imposed under Subchapter J, unless...

§ 203.351

(a) A midwife shall disclose in oral and written form to a prospective client the limitations of the skills and practices of a midwife.(b) The...

§ 203.352

A midwife shall encourage a client to seek:(1) prenatal care; and(2) medical care through consultation or referral, as specified by midwifery...

§ 203.353

Unless the newborn child is immediately transferred to a hospital because of an emergency, a midwife who attends the birth of the child shall...

§ 203.354

(a) Each midwife who attends the birth of a child shall cause the newborn screening tests to be performed on blood specimens taken from the child...

§ 203.355

(a) In this section:(1) "Clinical services" include prenatal, postpartum, child health, and family planning services.(2) "Local health unit"...

§ 203.356

(a) A physician, a registered nurse, or other person who, on the order of a physician, instructs a midwife in the approved techniques for...

§ 203.357

(a) The midwifery board may require information in addition to that required by Section 203.253 if it determines the additional information is...

§ 203.401

A midwife may not:(1) provide midwifery care in violation of midwifery board rule, except in an emergency that poses an immediate threat to the...

§ 203.402

A midwife may not:(1) except as provided by Section 203.403, use in connection with the midwife's name a title, abbreviation, or designation...

§ 203.403

(a) A midwife certified by the North American Registry of Midwives who uses "certified" as part of the midwife's title in an identification...

§ 203.404

(a) The midwifery board may discipline a licensed midwife, refuse to renew a midwife's license, or refuse to issue a license to an applicant if...

§ 203.405

(a) The midwifery board or a three-member committee of midwifery board members designated by the midwifery board shall temporarily suspend the...

§ 203.406

(a) Subject to Subsection (b), the midwifery board may order a licensed midwife to pay a refund to a consumer as provided in an agreement...

§ 203.451

The midwifery board may impose an administrative penalty on a person who violates this chapter or a rule adopted under this chapter.Acts 1999,...

§ 203.452

(a) The amount of the administrative penalty may not exceed $5,000 for each violation. Each day a violation continues is a separate...

§ 203.453

(a) If, after investigation of a possible violation and the facts surrounding that possible violation, the midwifery board or its designee...

§ 203.454

(a) Not later than the 20th day after the date the person receives the notice under Section 203.453, the person may:(1) accept the midwifery...

§ 203.455

(a) If the person timely requests a hearing, the midwifery board or its designee shall set a hearing and give written notice of the hearing to...

§ 203.456

(a) Based on the findings of fact, conclusions of law, and proposal for decision, the midwifery board by order may determine that:(1) a...

§ 203.458

(a) If the person on whom the administrative penalty is imposed does not comply with Section 203.457, the penalty may be collected.(b) The...

§ 203.459

(a) If a court sustains the determination that a violation occurred, the court may uphold or reduce the amount of the administrative penalty and...

§ 203.460

(a) If, after judicial review, the administrative penalty is reduced or not imposed by the court, the court shall:(1) order the midwifery board...

§ 203.461

A proceeding under this subchapter to impose an administrative penalty is subject to Chapter 2001, Government Code.Acts 1999, 76th Leg., ch. 388,...

§ 203.501

(a) A person is liable for a civil penalty if the person is required to be licensed under this chapter and the person knowingly or intentionally...

§ 203.502

(a) In this section, "health authority" means a physician who administers state and local laws regulating public health under Chapter 121, Health...

§ 203.503

(a) Venue for a civil action brought under Section 203.451 or 203.452 is in the county in which the defendant resides or in the county in which...

§ 203.504

(a) A person commits an offense if the person is required to be licensed under this chapter and the person knowingly practices midwifery without...

§ 203.505

(a) If it appears to the midwifery board that a person who is not licensed under this chapter is violating this chapter, a rule adopted under...

§ 203.1515

(a) Subject to the approval of the executive commissioner, the midwifery board shall adopt rules necessary to comply with Chapter 53.(b) In its...

§ 203.2021

The midwifery board shall appoint at least one public member of the midwifery board to any midwifery board committee established to review a...

§ 203.2555

(a) The midwifery board shall develop and administer at least twice each calendar year a jurisprudence examination to determine an applicant's...

§ 203.2556

(a) The midwifery board shall notify each examinee of the examination results not later than the 30th day after the date on which the examination...

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