25 TAC §§37.171-37.174, 37.176-37.177, 37.179, 37.181-37.185
The Texas Department of Health (department) adopts the repeal
of §§37.171-37.174, 37.176, 37.177, 37.179, and 37.181-37.185, concerning
the regulation of midwives without changes to the proposed sections as published
in the March 5, 1999 issue of the
Texas Register
(24 TexReg 1559), and therefore the sections will not be republished.
The department adopts repeal of the sections in 25 Texas Administrative
Code (TAC) in order that new sections may be adopted by the Texas Midwifery
Board at 22 TAC, Examining Boards, Chapter 831, Midwives. The Texas Midwifery
Board is authorized by the Texas Midwifery Act (the Act), Texas Civil Statutes,
Article 4512i, §8A(b), to adopt rules concerning documentation of midwives;
standards for approval of midwifery education courses, instructors, and facilities;
standards for midwifery practice; basic and continuing midwifery education
requirements; reporting and processing complaints; disciplinary procedures;
procedures for reciprocity for initial documentation; and any additional rules
necessary to implement any duty imposed on the board by the Act, subject to
the approval of the Texas Board of Health. The repeals are necessary for the
limited purpose of locating all rules governing the documentation and regulation
of midwives in 22 TAC Chapter 831, based on the Midwifery Board's increased
rulemaking and enforcement authority. The new rules adopted by the Midwifery
Board in 22 TAC, Chapter 831, can be found in this issue of the
Texas Register
in the Adopted Rules section.
No comments were received on the proposed repeals.
The repeals are adopted under Health and Safety Code, §12.001(b),
which provides the board with authority to adopt rules for the performance
of every duty imposed by law upon the board, the department, and the commissioner
of health.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July
12, 1999.
TRD-9904187
Susan K. Steeg
General Counsel
Texas Department of Health
Effective date: August 1, 1999
Proposal publication date: March 5, 1999
For further information, please call: (512) 458-7236