(2)
If the complaint alleges acts or omissions which constitute not a violation of the Midwifery Act or other applicable law(s) or rule(s), but rather appear to arise from a misunderstanding of midwifery practice by the complainant, the Midwifery Program Coordinator, with the concurrence of the Grievance Committee Chairperson, may attempt to resolve the complaint by providing appropriate information to the complainant.
(3)
If the complaint alleges acts or omissions which, if substantiated, would constitute a violation of the Texas Midwifery Act and/or applicable rule(s), the Midwifery Program Coordinator shall notify the midwife who is the subject of the complaint by certified mail within 15 working days of receipt of the completed and notarized complaint form. The notice shall inform the midwife of the general nature of the complaint, identify the client or case in question, and describe the midwife's rights and responsibilities in the complaint resolution process. The notice shall request a written response from the midwife, including copies of pertinent client records, within 30 days.
(4)
If the complaint alleges acts or omissions which, if substantiated, would constitute a violation of law(s) and/or rule(s) other than the Texas Midwifery Act, the Midwifery Program Coordinator, with the concurrence of the Grievance Committee Chairperson, shall refer the complaint to the appropriate authority and shall so notify the complainant.
(5)
With the concurrence of the Grievance Committee Chairperson, the Midwifery Program Coordinator may also solicit pertinent written testimony from other individuals or witnesses and/or request copies of other relevant client records.
(6)
The complaint and investigation file shall be reviewed by the Grievance Committee at its next scheduled meeting following the date the midwife's response is due, whether or not her/his response has been received. Both the complainant and the midwife will be invited to appear before the committee to discuss the complaint.
(7)
Each complaint shall be categorized as one of the following:
(A)
an alleged violation of the Midwifery Act and/or applicable rules of the board which poses an immediate threat to the health and safety of the public;
(B)
an alleged violation of the Midwifery Act and/or applicable rules of the board which does not pose an immediate threat to the health and safety of the public; or
(C)
any other complaint.
(8)
After considering all of the information and testimony available concerning a complaint, the Grievance Committee shall determine by vote that:
(A)
there is sufficient evidence to support the complaint;
(B)
there is insufficient evidence to support the complaint; or
(C)
additional investigation is warranted.
(9)
The Grievance Committee may direct the Midwifery Program Coordinator and/or other appropriate department staff to attempt to obtain additional information relevant to the complaint and shall defer any recommendation to the Midwifery Board concerning disposition of the complaint until the additional information is obtained, or until the committee determines that the information is unavailable. Once the Grievance Committee has determined whether there is sufficient evidence to support the complaint, the committee shall report its findings to the Midwifery Board along with a recommendation concerning disposition of the complaint.
(g)
Complaint disposition. The Midwifery Board shall consider each complaint report and associated recommendation it receives from the Grievance Committee and then shall either:
(1)
close the complaint file because of insufficient evidence to support the alleged violation; or
(2)
resolve the complaint, based on its finding that sufficient evidence of a violation to support the complaint does exist, by either;
(A)
issuance of an order voluntarily agreed to by the midwife and the Midwifery Board under which the complaint file shall be closed, but may be reopened if the Midwifery Board has any reason to suspect that the midwife is failing to comply with the order; or
(B)
a recommendation that the Commissioner of Health forward the complaint to the appropriate city, county, or district attorney, or to the Attorney General of Texas with a request for appropriate injunctive relief or criminal prosecution.
(h)
Disposition summary statement. The Midwifery Board's final disposition of each complaint shall be recorded in a complaint summary statement to be placed in the midwife's permanent documentation file. A copy of the summary statement shall be sent to the complainant and midwife in each case within ten working days after the Midwifery Board's decision.
(i)
Appeal of complaint disposition. A complainant or midwife may appeal a decision by the Midwifery Board by submitting a written appeal to the Chairperson of the Midwifery Board within ten working days of receipt of the written notification of the decision. The appeal must document the appellant's reason(s) for disagreeing with the decision. The appellant may present his/her appeal at the next scheduled meeting of the Midwifery Board, at which the board will make a final decision in the case.
§37.180.Education.
(a)
Purpose. This section details requirements for mandatory basic midwifery education and continuing midwifery education.
(b)
Provisions. This section establishes:
(1)
an education committee;
(2)
standards for mandatory basic midwifery education;
(3)
standards for mandatory continuing midwifery education;
(4)
procedures for midwifery education course approval, denial, and revocation of approval; and
(5)
appellate procedures for denials of course approval applications and revocations of approval.
(c)
Applicability. All persons subject to the Texas Midwifery Act must comply with §37.175 of this title (relating to Annual Documentation), including the educational requirements for both initial documentation and redocumentation.
(d)
Education committee.
(1)
The Chairperson of the Midwifery Board shall appoint an education committee to consider all issues related to mandatory basic and continuing midwifery education. The committee shall review all applications submitted for approval of mandatory basic midwifery education courses. The committee will consist of the following Midwifery Board members:
(A)
two midwives, one of whom shall serve as chairperson,
(B)
a physician or the certified nurse midwife, and
(C)
a public interest member.
(2)
The Midwifery Board chairperson shall determine the duration of appointments to the committee.
(3)
The chairperson may convene ad hoc working groups consisting of committee members, documented midwives, and other interested individuals, as necessary.
(4)
All meetings and proceedings of the committee shall be open to the public.
(e)
Standards for mandatory basic midwifery education and procedures for approval, denial, and revocation of approval. Mandatory basic midwifery education courses shall be offered to ensure that only appropriately trained individuals practice midwifery in Texas. Such education courses may be offered by any individual or organization meeting the requirements for course approval established by this subsection. Courses shall include a didactic component and a preceptorship, and shall be supervised and conducted by individuals with adequate training and experience.
(1)
Didactic curriculum. The didactic curriculum shall:
(A)
be based upon and completely cover the most current Core Competencies and Standards of Practice of the Midwives Alliance of North America (MANA) or the American College of Nurse Midwives (ACNM) and the Texas Midwifery Basic Information Manual;
(B)
adequately prepare the student to become certified by NARM or ACNM; and
(C)
include appropriate classroom experience with a minimum of 250 hours of attendance.
(2)
Preceptorship. The preceptorship shall provide clinical experience which adequately prepares the midwife to become certified by NARM or ACNM, including successful completion of at least the following activities:
(A)
serving as an active participant in attending 20 births;
(B)
serving as the primary midwife, under supervision, in attending 20 additional births;
(C)
serving as the primary midwife, under supervision, in performing:
(i)
75 prenatal exams,