Part 9.
TEXAS STATE BOARD OF MEDICAL EXAMINERS
Chapter 163.
LICENSURE
22 TAC §163.1, §163.10
The Texas State Board of Medical Examiners adopts amendments
to §163.1 and §163.10, concerning Licensure, without changes to
the proposed text as published in the February 28, 2003, issue of the
The amendments are made to definitions and relicensure requirements.
No comments were received regarding adoption of the rules.
The amendments are adopted under the authority of the Occupations
Code Annotated, §153.001, which provides the Texas State Board of Medical
Examiners to adopt rules and bylaws as necessary to: govern its own proceedings;
perform its duties; regulate the practice of medicine in this state; and enforce
this subtitle.
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 April 7, 2003.
TRD-200302269
Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Effective date: April 27, 2003
Proposal publication date: February 28, 2003
For further information, please call: (512) 305-7016
22 TAC §§167.1, 167.2, 167.4 - 167.6
The Texas State Board of Medical Examiners adopts amendments
to §§167.1, 167.2, 167.4-167.6, concerning procedures for reinstatement
and reissuance of a license, without changes to the proposed text as published
in the February 28, 2003, issue of the
Texas Register
(28 TexReg 1787) and will not be republished.
Elsewhere in this issue of the
Texas Register
, the Texas State Board of Medical Examiners adopts the rule review
for Chapter 167.
No comments were received regarding adoption of the rules.
The amendments are adopted under the authority of the Occupations
Code Annotated, §153.001, which provides the Texas State Board of Medical
Examiners to adopt rules and bylaws as necessary to: govern its own proceedings;
perform its duties; regulate the practice of medicine in this state; and enforce
this subtitle.
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 April 7, 2003.
TRD-200302270
Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Effective date: April 27, 2003
Proposal publication date: February 28, 2003
For further information, please call: (512) 305-7016
22 TAC §§169.1 - 169.5, 169.7
The Texas State Board of Medical Examiners adopts amendments
to §§169.1-169.5, 169.7, concerning authority of physicians to supply
drugs. Sections 169.1-169.4 and §169.7 are adopted without changes to
the proposed text as published in the February 28, 2003, issue of the
The amendments are necessary for general clean up of the chapter.
Elsewhere in this issue of the
Texas Register
, the Texas State Board of Medical Examiners adopts the rule review
for Chapter 169.
The Texas State Board of Pharmacy commented that deletion of the phrase
"in which there is no pharmacy" from §169.5(1) might mislead physicians
with respect to the statutory requirement in §563.053 of the Texas Pharmacy
Act.
The Board agreed to make a nonsubstantive change in the proposed rule to
alleviate the concerns of the State Board of Pharmacy.
The amendments are adopted under the authority of the Occupations
Code Annotated, §153.001, which provides the Texas State Board of Medical
Examiners to adopt rules and bylaws as necessary to: govern its own proceedings;
perform its duties; regulate the practice of medicine in this state; and enforce
this subtitle.
§169.5.Exceptions.
Under the following circumstances, a physician may dispense or distribute
drugs in quantities greater than those necessary to meet a patient's immediate
needs.
(1)
A licensed physician who practices medicine in a rural
area, as defined in Section 169.2(10) of this chapter, may maintain a supply
of dangerous drugs in his or her office to be dispensed in treating his or
her patients and may be reimbursed for the cost of supplying those drugs without
violating the Texas Pharmacy Act, Title 3 Subtitle J Tex. Occ. Code Ann. A
physician desiring to dispense dangerous drugs in compliance with this subsection
and §§158.001-.003 of the Act, shall notify the board and the Texas
State Board of Pharmacy that he or she practices in a rural area.
(2)
If a physician believes that a patient's prescribed treatment
regimen should include certain drugs, the physician may supply them to the
patient by means of pharmaceutical samples. No charge may be made by a physician
for such samples. A patient's immediate needs as defined in this chapter shall
not affect or limit the quantity of pharmaceutical samples a physician may
provide to the patient.
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 April 7, 2003.
TRD-200302271
Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Effective date: April 27, 2003
Proposal publication date: February 28, 2003
For further information, please call: (512) 305-7016
22 TAC §171.1
The Texas State Board of Medical Examiners adopts an amendment
to §171.1, concerning reporting requirements relating to postgraduate
training permits, without changes to the proposed text as published in the
February 28, 2003, issue of the
Texas Register
(28
TexReg 1791) and will not be republished.
The amendment is necessary to update the reporting requirements.
No comments were received regarding adoption of the rule.
The amendment is adopted under the authority of the Occupations
Code Annotated, §153.001, which provides the Texas State Board of Medical
Examiners to adopt rules and bylaws as necessary to: govern its own proceedings;
perform its duties; regulate the practice of medicine in this state; and enforce
this subtitle.
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 April 7, 2003.
TRD-200302272
Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Effective date: April 27, 2003
Proposal publication date: February 28, 2003
For further information, please call: (512) 305-7016
22 TAC §§174.1 - 174.6, 174.10, 174.12 - 174.14, 174.17
The Texas State Board of Medical Examiners adopts amendments
to §§174.1-174.6, 174.10, 174.12-174.14 and new §174.17, concerning
Telemedicine without changes to the proposed text as published in the February
28, 2003, issue of the
Texas Register
(28
TexReg 1792) and will not be republished.
The amendments are necessary to clarify definitions and informed consent
and for general cleanup of the chapter.
New §174.17 concerns the use of the Internet in medical practice.
No comments were received regarding adoption of the rules.
The amendment and new rule are adopted under the authority of
the Occupations Code Annotated, §153.001, which provides the Texas State
Board of Medical Examiners to adopt rules and bylaws as necessary to: govern
its own proceedings; perform its duties; regulate the practice of medicine
in this state; and enforce this subtitle.
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 April 7, 2003.
TRD-200302273
Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Effective date: April 27, 2003
Proposal publication date: February 28, 2003
For further information, please call: (512) 305-7016
22 TAC §184.25
The Texas State Board of Medical Examiners adopts new §184.25,
concerning surgical assistants, without changes to the proposed text as published
in the February 28, 2003, issue of the
Texas Register
(28 TexReg 1795) and will not be republished.
The amendments concern continuing education for surgical assistants.
No comments were received regarding adoption of the rule.
The new rule is adopted under the authority of the Occupations
Code Annotated, §153.001, which provides the Texas State Board of Medical
Examiners to adopt rules and bylaws as necessary to: govern its own proceedings;
perform its duties; regulate the practice of medicine in this state; and enforce
this subtitle.
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 April 7, 2003.
TRD-200302274
Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Effective date: April 27, 2003
Proposal publication date: February 28, 2003
For further information, please call: (512) 305-7016
Subchapter B. INFORMAL BOARD PROCEEDINGS
22 TAC §§187.10, 187.12, 187.13
The Texas State Board of Medical Examiners adopts amendments
to §§187.10, 187.12 and 187.13, concerning Procedural Rules, without
changes to the proposed text as published in the February 28, 2003, issue
of the
Texas Register
(28 TexReg 1797) and
will not be republished.
The amendments are necessary to formalize the procedure whereby the Executive
Director has the authority to offer restricted licenses and permits.
No comments were received regarding adoption of the rules.
The amendments are adopted under the authority of the Occupations
Code Annotated, §153.001, which provides the Texas State Board of Medical
Examiners to adopt rules and bylaws as necessary to: govern its own proceedings;
perform its duties; regulate the practice of medicine in this state; and enforce
this subtitle.
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 April 7, 2003.
TRD-200302275
Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Effective date: April 27, 2003
Proposal publication date: February 28, 2003
For further information, please call: (512) 305-7016
22 TAC §§196.1 - 196.5
The Texas State Board of Medical Examiners adopts amendments
to §§196.1-196.5, concerning Voluntary Surrender of a Medical License,
without changes to the proposed text as published in the February 28, 2003,
issue of the
Texas Register
(28 TexReg 1798)
and will not be republished.
The amendments are necessary for general clean up of the chapter.
Elsewhere in this issue of the
Texas Register
, the Texas State Board of Medical Examiners adopts the rule review
for Chapter 196.
No comments were received regarding adoption of the rules.
The amendments are adopted under the authority of the Occupations
Code Annotated, §153.001, which provides the Texas State Board of Medical
Examiners to adopt rules and bylaws as necessary to: govern its own proceedings;
perform its duties; regulate the practice of medicine in this state; and enforce
this subtitle.
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 April 7, 2003.
TRD-200302276
Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Effective date: April 27, 2003
Proposal publication date: February 28, 2003
For further information, please call: (512) 305-7016
Chapter 831.
MIDWIFERY
The Texas Midwifery Board (board), with the approval of the Texas
Board of Health, adopts amendments to §§831.1, 831.2, 831.3, 831.7,
831.11, 831.31, 831.101, 831.111, 831.121, §831.131, 831.141, and 831.161,
the repeal of §831.51, and new §§831.51, 831.52, 831.54, 831.57,
831.58, 831.60, 831.65, 831.70, and 831.75 concerning the documentation and
regulation of midwives. Sections 831.1, 831.51, 831.58, and 831.75 are adopted
with changes to the proposed text as published in the December 6, 2002 issue
of the
Texas Register
(27 TexReg 11372) as
a result of comments received during the 60-day comment period. Sections §§831.2,
831.3, 831.7, 831.11, 831.31, 831.101, 831.111, 831.121, §831.131, 831.141,
and 831.161, the repeal of §831.51, and new §§831.52, 831.54,
831.57, 831.60, 831.65, and 831.70 are adopted without changes, and therefore
the sections will not be republished.
Government Code, §2001.039, requires that each state agency conduct
a review of its rules every four years and consider for readoption each rule
adopted by that agency pursuant to the Government Code, Chapter 2001 (Administrative
Procedure Act). Sections 831.1-831.3, 831.7, 831.11, 831.31, 831.101, 831.111,
831.121, 831.131, 831.141 and 831.161 have been reviewed and the board has
determined that the reasons for adopting the sections continue to exist. The
board has also determined that §831.51 should be repealed and replaced
with new sections as described in this preamble.
The amendments correct internal references to §831.51 being repealed
and replace them with new §§831.51, 831.52, 831.54, 831.57, 831.58,
831.60, 831.65, 831.70, and 831.75; update references to the Act as codified
in Texas Occupations Code, Chapter 203; and replace language which refers
to the department's Fair Hearing Procedures with language referring to the
State of Office of Administrative Hearings. The amendments to §831.11,
Annual Documentation, increase the documentation requirements for persons
who graduate from a basic midwifery education program and do not apply for
initial documentation within four years, and recognize graduation from a Midwifery
Education and Accreditation (MEAC) accredited basic midwifery school as acceptable
basic midwifery education. The amendments to §831.161 delete language
referencing complaint categories, and replace it with language referencing
board policy in order to enable the board to participate in the development
of standardized complaint categories currently underway in the Professional
Licensing and Certification Division. Minor amendments to wording in several
sections for which no substantive change is indicated were also adopted to
allow the sections as proposed to be published in their entirety.
All comments received concerned the proposed repeal of §831.51 and
the new sections. One hundred and thirty-eight comments were received from
individuals and twelve comments were received from organizations, Austin Area
Midwives Association, Metroplex Area Midwifery Association, Association of
Texas Midwives, Rio Grande Valley Midwifery Association, West Texans for Natural
Childbirth, San Antonio Birth Doulas, Texans for Midwifery, North Texas Midwives
Association, Texas Medical Association, Texas Nurses Association, Consortium
of Texas Certified Nurse Midwives, and Student Midwives of Maternidad la Luz.
Most of the comments (150) received were in support of the proposed rules
as written. Only one commenter, the Texas Medical Association, opposed the
rules as proposed in their entirety.
Comment: One hundred and forty-four commenters supported the adoption of
the rules as proposed.
Response: The board considered the comments. No change was made as a result
of the comments.
Comment: One commenter requested that the proposed repeal and new sections
be withdrawn, and that the existing repeal of §831.51 be retained.
Response: The board disagrees. The proposed repeal and new standards organize
and update the rules, are written to function as regulatory rather than proscriptive
rules, and appropriately implement the Act. No change was made as a result
of the comment.
Comment: One commenter stated that both the old and the new rules inappropriately
assign responsibility to the midwife, although the ultimate responsibility
rests with the mother in a home birth setting.
Response: The board disagrees. The Act and rules establish requirements
related to the practice of midwifery by documented midwives. Legislative change
would be required to shift all responsibility to the mother. No change was
made as a result of the comment.
Comment: One commenter stated that the language at §831.51(d) and
(e) appears to promote midwifery and should be modified to be more in keeping
with the regulatory function of the rules.
Response: The board disagrees. This language, retained from the existing
rules, accurately describes the board's standards for midwifery practice.
No change was made as a result of the comment.
Comment: One commenter requested that §831.51(g)(2) be modified to
require that a midwife grant the client access to her records within 30 days.
Response: The board agrees and has amended the section accordingly.
Comment: One commenter requested that §831.51(g)(5)(B) be amended
from "age of majority" to "age of maturity".
Response: The board disagrees. The language reflects the definition of
"age of majority" in state law at Civil Practice and Remedies Code, Chapter
129. No definition exists in state law for age of maturity. No change was
made as a result of the comment.
Comment: One commenter suggested that the existing language found in the
repeal of §§831.51(b)(3)(D)(i) through §831.51(b)(3)(D)(x)
be retained unchanged in its entirety. The commenter stated that the proposed
rules are silent as to a definition of low, normal or high-risk pregnancies
as required by the Act, and silent as to whether a midwife should accept a
mother who has or develops a high-risk condition.
Response: The board disagrees. The new sections appropriately delineate
findings that would preclude a woman or newborn from being classified as normal.
The Act specifically defines normal: "Normal" means, as applied to pregnancy,
labor, delivery, the postpartum period, and the newborn period, and as defined
by midwifery board rule, circumstances under which a midwife has determined
that a client is at a low risk of developing complications." The categories
proposed by the commenter, "low, normal and high-risk pregnancies", do not
track the language of the Act. Inclusion of the existing language in the new
sections as proposed would be confusing, contradictory, and duplicative. No
change was made as a result of the comment.
Comment: Concerning §831.11, one commenter objected to the requirement
that midwives practice in accordance with the Midwives Alliance of North America
(MANA) Core Competencies, and specifically objected to the use of the word
"intuition", stating that this replaces the acquisition of clinical skills
and clearly alludes to the establishment of a medical diagnosis and treatment
process.
Response: The board disagrees. The MANA Core Competencies are nationally-recognized
direct entry midwifery competencies, and have been required subject matter
for every midwifery student, as well as for all midwives redocumenting after
a lapse, since 1999. The board specifically disagrees that the word "intuition"
refers to medical diagnosis and treatment, and asserts to the contrary that
it appropriately reflects one aspect of the unique client-centered care provided
by midwives, without precluding the clinical skills and judgment required
for the independent practice of both midwifery and medicine. No change was
made as a result of the comment.
Comment: One commenter provided a specific comment of support for §831.52
(relating to Inter-Professional Care) for appropriately including language
which authorizes a midwife to refer or transfer to a certified nurse-midwife,
thereby enhancing consumer access to care and facilitating interprofessional
communication and collaboration.
Response: The board considered the comment. No change was made as a result
of the comment.
Comment: One commenter stated that the language at §831.52(3) concerning
the referral process is inconsistent and has the potential for abuse, and
should be replaced with a requirement for collaboration with a physician.
Response: The board disagrees. The language is specifically designed to
permit a client to receive collaborative care in lieu of referral, but also
to permit the client to refuse referral and continue to receive midwifery
care unless her pregnancy requires transfer to the care of a physician as
specified by rule. No change was made as a result of the comment.
Comment: One commenter requested that the language in the repeal of §831.51(b)(3)(D)(i)
relating to informing the client that she has or may have a high-risk condition
be retained.
Response: The board disagrees. The proposed requirement for referral is
sufficient to inform the client, in conjunction with the proposed requirements
included in §831.51(e)(1)-(2). No change was made as a result of the
comment.
Comment: One commenter stated that the rules remove an existing requirement
that midwives consult with a physician regarding the condition of the mother
and the newborn. The commenter stated that if midwives are no longer required
to speak to a physician, the scope of practice of midwives will be expanded
and the safety levels of practice will be lowered.
Response: The board disagrees. The language regarding consultation does
not in fact require a midwife to consult with a physician, the language in
the repeal of §831.51(b)(3)(D)(ii)-(iii) requires that a consultation
be recommended, the language in the repeal of §831.51(b)(3)(D)(iv)-(vi)
provides that the midwife may transfer the client in lieu of consultation.
No change was made as a result of the comment.
Comment: One commenter stated that the proposed rules remove or radically
redefine many of the medical findings currently used to delineate a "normal"
pregnancy.
Response: The board disagrees. The Act requires the board to delineate
standards for findings that preclude a pregnancy from being considered normal.
These standards are specifically listed in the new sections. No change was
made as a result of the comment.
Comment: One commenter stated that the requirement in §831.54 (relating
to Policies and Protocols) be based on standard textbooks and references used
by basic midwifery education courses approved by the board constitutes inappropriate
delegation of authority to a private entity. The commenter requests that any
reference list be approved by the board before final rules are adopted and
be published by the board for public comment.
Response: The board disagrees. The requirement for written protocols is
an increased requirement placed on midwives to enable the board to regulate
midwifery practice based not only on the required rules delineating what is
not normal, but also on the individual midwife's adherence to her own specific
practice protocols. The reference lists for midwifery education courses approved
by the board reflect the board's standards both for the way midwifery is taught
and the way it should be practiced in Texas. No change was made as a result
of the comment.
Comment: One commenter objected to §831.54 (relating to Policies and
Protocols) on the grounds that it would not impose significant restrictions
on the midwife's practice, and that the section is too general for the quality
of the policies to be enforceable. The commenter requested that the phrase
"to the extent not inconsistent with the midwifery act or these rules" be
added to the section.
Response: The board disagrees. The section imposes additional requirements
on the midwife for written protocols not previously set out in rule. The requirement
that a midwife comply with the Act and rules is clear and need not be restated
in this section. No change was made as a result of the comment.
Comment: One commenter requested that §831.58 (relating to Transfer
of Care in An Emergency Situation) be removed as untenable, unsafe and unfair
to both the mother and the physician, and that additional rules clarifying
protocols and requiring collaboration with a physician be added.
Response: The board disagrees. The proposed rules impose additional requirements
on a midwife beyond those imposed by the existing rules (which do not define
what constitutes "transfer") to make reasonable attempts to contact the health
care provider to whom the client will be transferred and follow his/her instructions.
An "emergency transfer of care", like any medical emergency, may require that
the affected individual be seen by the physician currently on duty in an emergency
room. No change was made as a result of this comment.
Comment: One commenter requested that additional language be added to §831.58
requiring the midwife to provide emergency care as needed until transfer of
care has been accomplished.
Response: The board agrees and has amended the section accordingly.
Comment: One commenter requested that midwives be required to provide a
copy of the rules at §831.60 to their clients.
Response: The board agrees that the client has the right to understand
the law and rules which govern midwifery practice in Texas, and believes that §831.51(e)
appropriately requires the midwife to provide this information to the client.
No change was made as result of the comment.
Comment: One commenter requested that the terms "infant" and "newborn"
be clarified in §831.75 (relating to Newborn and Infant Care) to make
clear that a midwife may not provide care to the infant beyond six weeks postpartum.
Response: The board agrees and has inserted new language and clarified
the terms.
The board made minor editorial changes due to staff comments to clarify
the rules in the amendment to §831.1 and new §831.51.
Subchapter A. THE BOARD
22 TAC §§831.1 - 831.3, 831.7
The amendments are adopted under the Government Code, §2001.03,
which requires that each state agency review and consider for readoption each
rule adopted by that agency pursuant to the Government Code, Chapter 2001
(Administrative Procedure Act); the Occupations Code, §203.151, which
provides the board with the authority to adopt rules prescribing the standards
for the practice of midwifery, subject to the approval of the Texas Board
of Health; and the Health and Safety Code, §12.001, which provides the
Board of Health with authority to adopt rules for the performance of every
duty imposed by law on the Board of Health, the department, and the commissioner
of health.
§831.1.Introduction.
(a)
Purpose. This chapter implements the applicable provisions
of the Texas Midwifery Act, Texas Occupations Code, Chapter 203; relating
to the practice and regulation of direct entry midwifery in Texas.
(b)
Construction. These sections cover definitions; the Midwifery
Board; the petition for the adoption of a rule; annual documentation; education;
standards for the practice of midwifery in Texas; definitions; protocols;
termination of the midwife-client relationship; transfer of care in an emergency
situation; prenatal care; labor and delivery; postpartum care; newborn and
infant care; the administration of oxygen; eye prophylaxis; newborn screening;
the informed choice and disclosure statement; the provision of support services;
and complaint review.
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 April 4, 2003.
TRD-200302253
Debra Evans
Chair
Texas Midwifery Board
Effective date: April 24, 2003
Proposal publication date: December 6, 2002
For further information, please call: (512) 458-7236
22 TAC §831.11
The amendment is adopted under the Government Code, §2001.03,
which requires that each state agency review and consider for readoption each
rule adopted by that agency pursuant to the Government Code, Chapter 2001
(Administrative Procedure Act); the Occupations Code, §203.151, which
provides the board with the authority to adopt rules prescribing the standards
for the practice of midwifery, subject to the approval of the Texas Board
of Health; and the Health and Safety Code, §12.001, which provides the
Board of Health with authority to adopt rules for the performance of every
duty imposed by law on the Board of Health, 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 April 4, 2003.
TRD-200302254
Debra Evans
Chair
Texas Midwifery Board
Effective date: April 24, 2003
Proposal publication date: December 6, 2002
For further information, please call: (512) 458-7236
22 TAC §831.31
The amendment is adopted under the Government Code, §2001.03,
which requires that each state agency review and consider for readoption each
rule adopted by that agency pursuant to the Government Code, Chapter 2001
(Administrative Procedure Act); the Occupations Code, §203.151, which
provides the board with the authority to adopt rules prescribing the standards
for the practice of midwifery, subject to the approval of the Texas Board
of Health; and the Health and Safety Code, §12.001, which provides the
Board of Health with authority to adopt rules for the performance of every
duty imposed by law on the Board of Health, 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 April 4, 2003.
TRD-200302255
Debra Evans
Chair
Texas Midwifery Board
Effective date: April 24, 2003
Proposal publication date: December 6, 2002
For further information, please call: (512) 458-7236
22 TAC §831.51
The repeal is adopted under the Government Code, §2001.03,
which requires that each state agency review and consider for readoption each
rule adopted by that agency pursuant to the Government Code, Chapter 2001
(Administrative Procedure Act); the Occupations Code, §203.151, which
provides the board with the authority to adopt rules prescribing the standards
for the practice of midwifery, subject to the approval of the Texas Board
of Health; and the Health and Safety Code, §12.001, which provides the
Board of Health with authority to adopt rules for the performance of every
duty imposed by law on the Board of Health, 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 April 4, 2003.
TRD-200302256
Debra Evans
Chair
Texas Midwifery Board
Effective date: April 24, 2003
Proposal publication date: December 6, 2002
For further information, please call: (512) 458-7236
Chapter 167.
REINSTATEMENT AND REISSUANCE
Chapter 169.
AUTHORITY OF PHYSICIANS TO SUPPLY DRUGS
Chapter 171.
POSTGRADUATE TRAINING PERMITS
Chapter 174.
TELEMEDICINE
Chapter 184.
SURGICAL ASSISTANTS
Chapter 187.
PROCEDURAL RULES
Chapter 196.
VOLUNTARY SURRENDER OF A MEDICAL LICENSE
Part 38.
TEXAS MIDWIFERY BOARD
Subchapter B. DOCUMENTATION
Subchapter C. EDUCATION
Subchapter D. PRACTICE OF MIDWIFERY