Part VIII.
Texas Appraiser Licensing and Certification Board
Chapter 153.
Provisions of the Texas Appraiser Licensing and Certification Act
22 TAC §153.9
The Texas Appraiser Licensing and Certification Board proposes
an amendment to §153.9 relating to Applications. Specifically §153.9(b)(1)
is being amended to revise the Application for Appraiser Certification or
Licensing form to reorder a number of questions, to add questions regarding
complaints or disciplinary actions pending against professional licenses,
unpaid judgements, and default on Texas Guaranteed Student Loan Corporation
(TGSLC) loans, and to clarify the wording for some instructions.
Renil C. Liner, Commissioner, Texas Appraiser Licensing and Certification
Board, has determined that for the first five-year period the proposed amendment
is in effect there will be no fiscal implications for state or local government.
Mr. Liner also has determined that for each year of the first five years
the proposed amendment is in effect the public benefit anticipated as a result
of enforcing the sections will be to increase efficiency of application processing,
to clarify the application process and requirements, and to better determine
applicant backgrounds for meeting licensure requirements. There is no anticipated
economic cost to persons who are required to comply with the section as proposed.
Comments on the proposal may be submitted Renil C. Liner, Commissioner,
Texas Appraiser Licensing and Certification Board, P.O. Box 12188, Austin,
Texas, 78711-2188.
The amendment is proposed under the Powers and Duties of the
Board, Texas Appraiser Licensing and Certification Act, §5 (Texas Civil
Statutes, Article 6573a.2). Section 9, Licensing and Certification Requirements,
Texas Civil Statutes, Article 6573a.2, is affected by the proposal.
§153.9.Applications.
(a)
(No change.)
(b)
The Texas Appraiser Licensing and Certification Board adopts
by reference the following forms approved by the board and published and available
from the board, P.O. Box 12188, Austin, Texas 78711-2188:
(1)
TALCB Form
1.5
[
(2)-(9)
(No change.)
(c)-(f)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
December 14, 1998.
TRD-9818339
Renil C. Liner
Commissioner
Texas Appraiser Licensing and Certification Board
Earliest possible date of adoption: January 31, 1999
For further information, please call: (512) 465-3950
Chapter 163.
Licensure
22 TAC §163.1
The Texas State Board of Medical Examiners proposes an amendment
to §163.1, concerning definitions. The amendment will outline combinations
of examinations that are acceptable for licensure.
Tony Cobos, general counsel, has determined that for the first five-year
period the section is in effect there will be no fiscal implications to state
or local government as a result of enforcing or administering the section
as proposed.
Mr. Cobos also has determined that for each year of the first five years
the section as proposed is in effect the public benefit anticipated as a result
of enforcing the section will be outlined combinations of examinations that
are acceptable for licensure. There will be no effect on small businesses.
There is no anticipated economic cost to persons who are required to comply
with the section as proposed.
Comments on the proposal may be submitted to Pat Wood, P.O. Box 2018, MC-901,
Austin, Texas 78768-2018. A public hearing will be held at a later date.
The amendment is proposed under the Medical Practice Act, Texas
Civil Statutes, Article 4495b, §2.09(a), which provides the Texas State
Board of Medical Examiners with the authority to make rules, regulations and
bylaws not inconsistent with this Act as may be necessary for the governing
of its own proceedings, the performance of its duties, the regulation of the
practice of medicine in this state, and the enforcement of this Act.
The Medical Practice Act, Texas Civil Statutes, Article 4495b, §3.05
is affected by the proposed amendment.
§163.1. Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the contents clearly indicates otherwise.
(1)-(7)
(No change.)
(8)
Examinations accepted by the board for licensure
by endorsement -
(A)-(G)
(No change.)
(H)
one of the following examination combinations, passed
within three attempts with a score of 75 or better on each part, level, component,
or step, all parts, levels, components, or steps must be passed within seven
years:
(i)-(ii)
(No change.)
[
NBME I and NBME II, plus
USMLE 3;]
(iii)
[
(iv)
[
(v)
NBOME I, plus NBOME II, plus
FLEX II;
(vi)
(No change.)
(9)-(18)
(No change.)
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
December 21, 1998.
TRD-9818489
Bruce A. Levy, M.D., J.D.
Executive Director
Texas State Board of Medical Examiners
Earliest possible date of adoption: January 31, 1999
For further information, please call: (512) 305-7016
Chapter 661.
General Rules of Procedures and Practices
Subchapter C. Definitions of Terms
22 TAC §661.33
The Texas Board of Professional Land Surveying proposes new
§661.33, concerning the easements and construction estimates.
The new section is being proposed to clarify which easements must be done
by a registered professional land surveyor and will define a construction
estimate as used in Article 5282c, §3A.
Sandy Smith, executive director, has determined that for the first five-year
period the rule is in effect, there will be no fiscal implications for state
or local government.
Ms. Smith also has determined that for each year of the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the section will be the clarification of which easements must be done by a
registered professional land surveyor and a defined construction estimate
as used in Article 5282c, §3A. There will be no effect on small businesses.
There is no anticipated economic cost to persons who are required to comply
with the rule as proposed.
Comments on the proposal may be submitted to Sandy Smith, Texas Board of
Professional Land Surveying, 7701 North Lamar, Suite 400, Austin, Texas 78752.
The new rule is proposed under Texas Civil Statutes, Article
5282c, §9, which provides the Texas Board of Professional Land Surveying
with the authority to make and enforce all reasonable and necessary rules,
regulations and bylaws not inconsistent with the Texas Constitution, the laws
of this state, and this Act.
No other statute, article, or code is affected by this proposal.
§661.33. Easements and Construction Estimates.
(a)
An easement legal description or plat depiction which
is used in a real property conveyance or filed for recording in the real property
records or plats records of this State must be prepared by a Registrant, except
when:
(1)
the easement area can be clearly ascertained by the general
public without use of a metes and bounds description of the easement;
(2)
monumentation is not placed on the ground; and
(3)
the easement does not bisect the tract (leaving non-easement
areas on both sides of the easement strip).
(b)
An easement legal description or plat depiction meets
the requirements of the exception to this rule when the easement;
(1)
is a blanket easement; or
(2)
is within a tract or lot depicted in a recorded subdivision
plat, can be clearly defined and located without a metes and bounds survey,
and is adjacent to a platted boundary line.
(c)
A "construction estimate", is used in §3A of the
Act, means a depiction of a possible easement route for planning purposes.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
December 21, 1998.
TRD-9818490
Sandy Smith
Executive Director
Texas Board of Professional Land Surveying
Earliest possible date of adoption: January 31, 1999
For further information, please call: (512) 452-9427
Subchapter B. Professional and Technical Standards
22 TAC §§663.13, 663.21, 663.23
The Texas Board of Professional Land Surveying proposes an
amendment to §663.13 and new §663.21 and §663.23, concerning
requirements for preparing descriptions for political subdivisions and the
signing and sealing of services by professional land surveyors.
Section 663.13 and §663.21 are being proposed to provide the public
with a better, more informative, surveying product. The minimum conditions
require descriptions to be unambiguous and locatable on the ground.
Section 663.23 is being proposed to establish a regulation that will allow
professional land surveyors to sign and seal documents, which are not within
the definition of professional land surveying.
Sandy Smith, executive director, has determined that for the first five-year
period the rules are in effect, there will be no fiscal implications for state
or local government.
Ms. Smith also has determined that for each year of the first five years
the rules are in effect the public benefit anticipated as a result of enforcing
the rules will be a better, more informative, surveying product and an established
regulation that will allow professional land surveyors to sign and seal documents,
which are not within the definition of professional land surveying. There
will be no effect on small businesses. There is no anticipated economic cost
to persons who are required to comply with the rules as proposed.
Comments on the proposal may be submitted to Sandy Smith, Texas Board of
Professional Land Surveying, 7701 North Lamar, Suite 400, Austin, Texas 78752.
The amendment and new sections are proposed under Texas Civil
Statutes, Article 5282c, §9, which provides the Texas Board of Professional
Land Surveying with the authority to make and enforce all reasonable and necessary
rules, regulations and bylaws not inconsistent with the Texas Constitution,
the laws of this state, and this Act.
No other statute, article, or code is affected by this proposal.
§663.13. Introduction.
The Board establishes these minimum standards of practice to better
serve the general public in regulating the practice of land surveying in Texas.
All surveys, unless otherwise specifically exempted, performed by registered
professional land surveyors in Texas shall meet or exceed the requirements
of these standards. The Board considers any survey, the purpose of which is
to delineate, segregate, separate, or partition any interest in real property
of any kind, under these standards.
[
§663.21. Descriptions Prepared for Political Subdivisions.
A registrant or licensee may prepare, sign and seal a bounds description
for any political subdivision of state or local government under the following
minimum conditions listed in paragraphs (1)-(4) of this section.
(1)
The description must be unambiguous and locatable on the
ground by ordinary surveying procedures.
(2)
Any record or physical monumentation called for in
the description must be in place at the time the surveyor prepares the description
and the surveyor must have personal knowledge of such monument sufficient
to give a proper current description for the monument and its accessories.
(3)
The surveyor signing the work must have performed
an on the ground survey to support any course and distance recited in the
description.
(4)
Any document prepared under this rule shall bear
a note as follows: This document was prepared under 22 TAC §663.21 and
does not necessarily reflect the results of an on the ground survey.
§663.23. Signing and Sealing of Services.
Registered professional land surveyors may sign and seal services which
are not within the definition of professional land surveying as defined in
the Act, any such signed and sealed document will carry a statement, "this
service, as provided, does not constitute professional land surveying as defined
in the Act".
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
December 21, 1998.
TRD-9818491
Sandy Smith
Executive Director
Texas Board of Professional Land Surveying
Earliest possible date of adoption: January 31, 1999
For further information, please call: (512) 452-9427
Chapter 831.
Midwifery
The Texas Midwifery Board (board), with the approval of the Texas
Board of Health, proposes new §§831.11, 831.31, 831.101, and 831.161
concerning midwives. Specifically, the sections cover annual documentation;
education; administration of oxygen; and complaint review.
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 and educational requirements for midwives, processing of complaints
concerning midwives, and any additional rules necessary to implement any duty
imposed by the Act, subject to the approval of the Texas Board of Health.
Effective December 1, 1998, the Midwifery Program and the Midwifery Board
were administratively transferred from the Texas Department of Health (department),
Women's Health Division, to the Professional Licensing and Certification Division
of the department. The rules are currently located in 25 Texas Administrative
Code (TAC), and the department proposes the repeal of 25 TAC §§37.175,
37.178, and 37.180 in order that the new sections may be proposed by the Texas
Midwifery Board, which will be listed as an independent board under 22 TAC.
The repeal of 25 TAC §§37.175, 37.178, and 37.180 can be found in
the January 1, 1999, issue of the Texas Register in the Proposed Rules section.
New §831.11 establishes procedures for documentation by reciprocity;
prescribes conditions for denial, revocation, suspension or surrender of documentation;
and establishes standards for documentation of persons with criminal convictions
and for documentation after revocation, suspension or surrender. New §831.31
establishes procedures for approving, denying, or revoking approval of midwifery
basic education and continuing education courses; establishes an approved
comprehensive midwifery exam and procedures for approval, denial, or revocation
of approval for other comprehensive exams; and establishes procedures for
the investigation and disposition of complaints concerning currently approved
courses or exams. New §831.101 establishes procedures for the intrapartum
and postpartum administration of oxygen by midwives. New §831.161 establishes
procedures for complaint investigation and disposition; categories of complaints;
and disciplinary sanctions, including revocation of documentation and administrative
penalties.
Bernie Underwood, C.P.A., Chief of Staff, Associateship for Health Care
Quality and Standards, has determined that for the first five-year period
the sections are in effect, there will be no fiscal implications to state
or local government as a result of enforcing or administering the sections
as proposed.
Ms. Underwood has also determined that for each of the first five years
the sections are in effect, the public benefit anticipated as a result of
enforcing or administering the sections is standardization of and improvement
in the quality of midwifery practice. There will be additional costs to small
businesses. Facilities applying for approval of education programs will be
assessed an application fee of $150 and a site visit fee prior to a decision
by the Midwifery Board on course approval which has been increased from $300
to $400. Facilities or organizations applying for approval of comprehensive
exams will be assessed an application fee of $150. There will be no anticipated
impact on local employment.
Comments on the proposal may be submitted to Yvonne Feinleib, Midwifery
Program Director, Professional Licensing and Certification Division, Texas
Department of Health, 1100 West 49th Street, Austin, TX 78756-3199. Comments
will be accepted for 30 days following the date of publication of this proposal
in the
Texas Register
.
Subchapter B. Documentation
22 TAC §831.11
The new section is proposed under Texas Civil Statutes, Article
4512i, §8A, which authorizes the Midwifery Board to adopt rules, subject
to the approval of the Texas Board of Health, necessary for the documentation
and regulation of Texas midwives.
The new section affects Texas Civil Statutes, Article 4512i.
§831.11.Annual Documentation.
(a)
Purpose. This section details requirements for the annual
documentation and redocumentation after revocation, suspension, or the surrender
of documentation of midwives in Texas.
(b)
Provisions. This section establishes:
(1)
requirements and procedures for initial documentation;
(2)
requirements and procedures for annual redocumentation;
(3)
conditions for denial, revocation, suspension, or
surrender of documentation;
(4)
guidelines for reissuance of documentation after revocation,
suspension, or surrender of documentation;
(5)
guidelines for documentation of persons with criminal
convictions; and
(6)
a state midwifery roster.
(c)
Applicability. In order for an individual to legally practice
midwifery in Texas, she/he must be currently documented with the Midwifery
Program. Documentation shall be valid for a period of one year, except for
initial documentation. A midwife's initial documentation shall be valid from
the date issued until March 1 of the current or following year, whichever
occurs first.
(d)
Initial documentation. An individual may apply for documentation
as a midwife at any time during the year by submitting the following to the
Midwifery Program:
(1)
a completed documentation application form;
(2)
proof of:
(A)
satisfactory completion of an approved mandatory basic
midwifery education course and the North American Registry of Midwives (NARM)
exam, the American College of Nurse Midwifery (ACNM) exam, or any other comprehensive
exam approved by the Midwifery Board; or
(B)
certified professional midwife (CPM) certification by NARM
and satisfactory completion of a continuing education course covering the
current Texas Midwifery Basic Information and Instructors Manual;
(3)
proof of current cardiopulmonary resuscitation
(CPR) certification for health care providers by the American Heart Association
(formerly a C certificate) or equivalent certification for the professional
rescuer from the Red Cross;
(4)
proof of current certification for neonatal resuscitation,
§§1-4, from the American Academy of Pediatrics, effective March
1, 1999;
(5)
proof of satisfactory completion of training in the
collection of newborn screening specimens or an established relationship with
another qualified and appropriately credentialed health care provider who
has agreed to collect newborn screening specimens on behalf of the applicant;
and
(6)
a nonrefundable $200 application fee (payable by cashiers
check or money order only). The fee for any application for initial documentation
received after September 1 shall be $100 plus $10 per month or part thereof
remaining in the documentation period.
(e)
Annual redocumentation. Documented midwives must apply
for redocumentation in January each year. Documentation expires March 1. The
Midwifery Program will send renewal applications to all documented midwives
in December of each year. However, each midwife is solely responsible for
compliance with the requirements for redocumentation, and nonreceipt of the
renewal application mailed by the Midwifery Program shall not constitute an
acceptable excuse for failure to comply. A midwife's application for redocumentation
must include the following:
(1)
a completed redocumentation application form;
(2)
proof of completion of at least ten contact hours
of approved continuing midwifery education since March 1 of the previous year;
(3)
proof of current CPR certification for health care
providers by the American Heart Association (formerly a C certificate) or
equivalent certification for the professional rescuer from the Red Cross;
(4)
proof of current certification for neonatal resuscitation,
§§1-4, from the American Academy of Pediatrics, effective March
1, 1999; and
(5)
a nonrefundable $200 application fee (payable by cashiers
check or money order only).
(f)
Late redocumentation. A midwife who fails to apply for
redocumentation by March 1 of a year in which the midwife is currently documented,
as evidenced by a valid U.S. Postal Service or recognized commercial carrier
postmark, may apply for late redocumentation on or before March 31 of that
year. Applications for late redocumentation must include the following:
(1)
each of the items listed in subsection (e) of this section;
and
(2)
an additional nonrefundable $75 late filing fee (payable
by cashiers check or money order only).
(g)
Redocumentation after interim of less than four years.
A midwife originally documented in Texas on or after January 1, 1995, who
since that time has not been documented for a period of less than four years
may redocument by:
(1)
providing proof of having completed 20 contact hours of
approved midwifery continuing education, including a continuing education
course covering the current Texas Midwifery Basic Information and Instructor
Manual, during the 12 months preceding the application for redocumentation;
(2)
paying the annual documentation fee plus a processing
fee of $100; and
(3)
meeting the initial documentation requirements in
subsections (d)(1) and (3)-(5) of this section.
(h)
Redocumentation after interim of more than four years.
A midwife documented in Texas on or after January 1, 1995, who has not been
documented for a period of more than four years may redocument by:
(1)
providing proof of having completed at least 40 contact
hours of approved continuing midwifery education within the year preceding
the application, which shall be based upon a review of:
(A)
the current Texas Midwifery Basic Information and Instructor
Manual; and
(B)
the current Midwives Alliance of North America (MANA) Core
Competencies and Standards of Practice;
(2)
paying the annual documentation fee plus a processing
fee of $100; and
(3)
meeting the initial documentation requirements in
subsections (d)(1) and (3)-(5) of this section.
(i)
Grounds for denial of application for documentation or
redocumentation and for disciplinary action. The Midwifery Board may deny
an application for initial documentation or redocumentation and may take disciplinary
action against any person based upon proof of the following:
(1)
violation of the Act or rules adopted under the Act;
(2)
submission of false or misleading information to the
Midwifery Board, the board, or the department;
(3)
conviction of a felony or a misdemeanor involving
moral turpitude;
(4)
intemperate use of alcohol or drugs while engaged
in the practice of midwifery;
(5)
unprofessional or dishonorable conduct that may reasonably
be determined to deceive or defraud the public;
(6)
inability to practice midwifery with reasonable skill
and safety because of illness, disability, or psychological impairment;
(7)
judgment by a court of competent jurisdiction that
the individual is mentally impaired;
(8)
disciplinary action taken by another jurisdiction
affecting the applicant's legal authority to practice midwifery;
(9)
submission of a birth or death certificate known by
the individual to be false or fraudulent, or other noncompliance with Health
and Safety Code, Chapter 191, or 25 TAC, Chapter 181 (relating to Vital Statistics);
(10)
noncompliance with Health and Safety Code, Chapter
244, or 25 TAC, Chapter 137 (relating to Birthing Centers);
(11)
failure to practice midwifery in a manner consistent
with the public health and safety; or
(12)
demonstrated lack of personal or professional character
in the practice of midwifery.
(j)
Surrender of documentation.
(1)
A midwife may surrender his or her documentation prior
to its expiration for the current period by mailing the original documentation
acknowledgment letter back to the Midwifery Program together with a signed
statement of his or her intent to surrender same.
(2)
Surrender of documentation by a midwife after receipt
of notification from the Midwifery Program that a complaint against the midwife
is being investigated shall not deprive the Midwifery Board of jurisdiction
in any disciplinary action which may result from said investigation.
(3)
The Midwifery Board may enter any disciplinary order
authorized by the Act or this subchapter to resolve a complaint against a
midwife who has surrendered his or her documentation after receipt of notification
from the Midwifery Program that a complaint is being investigated.
(k)
Redocumentation after disciplinary action or surrender.
(1)
A person whose documentation to practice midwifery in this
state has been revoked or suspended by the Midwifery Board or who has surrendered
his or her documentation after having received notice that the Midwifery Program
is investigating a complaint may not apply for reissuance of documentation
until the applicant has complied with all requirements imposed by the Midwifery
Board in connection with the revocation, suspension, or surrender. If the
Midwifery Board denies the application for reissuance of documentation, an
applicant may request a hearing under 25 TAC §§1.51-1.55 (relating
to Fair Hearing Procedures). The decision of the hearing examiner shall be
final.
(2)
The Midwifery Board may reissue documentation to a
midwife who surrendered his or her documentation while an investigation or
disciplinary action was pending only if the Midwifery Board finds that:
(A)
the applicant is competent to resume practice; and
(B)
the Midwifery Program has no evidence of current or continuing
violations by the applicant of the Act or this subchapter.
(l)
Documentation of persons with criminal conviction.
(1)
The Midwifery Board may refuse to issue documentation to
any individual who has been initially convicted of a felony or a misdemeanor
involving moral turpitude, or whose probation imposed pursuant to such conviction
has been revoked by the court.
(2)
The Midwifery Board shall consider the following factors:
(A)
the nature and seriousness of the crime or the reason the
applicant's probation was revoked;
(B)
any relationship between the crime and the practice of
midwifery;
(C)
whether documentation might offer the applicant an opportunity
to engage in the same or similar criminal activity as that for which the applicant
was previously convicted; and
(D)
the relationship of the crime to the ability, capacity,
or fitness required to perform the duties and discharge the responsibilities
of midwifery.
(3)
the Midwifery Board, in determining the present
fitness of a person who has been convicted of a felony or a misdemeanor involving
moral turpitude, shall consider:
(A)
the age of the applicant when the crime was committed;
(B)
the amount of time that has elapsed since the applicant's
conviction;
(C)
the applicant's conduct and work history prior to and following
the conviction;
(D)
evidence of the applicant's progress toward rehabilitation
while incarcerated, on probation, or following release; and
(E)
other evidence of the person's present fitness, including
letters of recommendation from:
(i)
prosecutorial, law enforcement, probation, and correctional
officers;
(ii)
the sheriff or chief of police in the community where
the applicant resides; and
(iii)
other persons.
(m)
Midwifery roster. The Midwifery Program shall maintain
a roster of all individuals currently documented to practice midwifery in
the state. A copy of the roster shall be provided to each county clerk and
local registrar of births on request. The Midwifery Program shall provide
information on new and/or late documentees to individual county clerks and
local registrars of births during the course of a year as needed.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on December
16, 1998.
TRD-9818387
Edna Dougherty
Chair
Texas Midwifery Board
Earliest possible date of adoption: January 31, 1999
For further information, please call: (512) 458-7236
22 TAC §831.31
The new section is proposed under Texas Civil Statutes, Article
4512i, §8A, which authorizes the Midwifery Board to adopt rules, subject
to the approval of the Texas Board of Health, necessary for the documentation
and regulation of Texas midwives.
The new section affects Texas Civil Statutes, Article 4512i.
§831.31.Education.
(a)
Purpose. This section defines 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;
(5)
procedures for midwifery comprehensive exam approval,
denial, and revocation of approval;
(6)
procedures for appeals of denials of course and comprehensive
exam approval applications and revocations of approval; and
(7)
procedures for investigation and disposition of complaints
concerning education courses and comprehensive exams.
(c)
Applicability. All persons subject to the Act must comply
with §831.11 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 for one year terms, with the approval of the Midwifery
Board, to consider all issues related to mandatory basic and continuing midwifery
education. The Education Committee shall review all applications submitted
by the Midwifery Program staff for approval of mandatory basic midwifery education
courses or comprehensive exams, as well as complaints concerning approved
courses or exams. The Education Committee will consist of the following persons:
(A)
members of the Midwifery Board:
(i)
two midwives, one of whom shall serve as chairperson;
(ii)
a physician or the certified nurse midwife; and
(iii)
a public interest member; and
(B)
a documented midwife who is not a member of the Midwifery
Board.
(2)
The Midwifery Board chairperson may convene ad
hoc working groups consisting of committee members, documented midwives, and
other interested individuals, as necessary.
(3)
Except for informal settlement conferences, all other
meetings and proceedings of the Education Committee shall be open to the public.
(e)
Basic Education.
(1)
The Midwifery Program staff shall consider for approval
only courses which have a course supervisor/administrator and site in Texas.
(2)
Mandatory basic midwifery education shall:
(A)
be offered to ensure that only trained individuals practice
midwifery in Texas;
(B)
be offered by any individual or organization meeting the
requirements for course approval established by this subsection;
(C)
include a didactic component which shall:
(i)
be based upon and completely cover the most current Core
Competencies and Standards of Practice of the Midwives Alliance of North America
(MANA) and the current Texas Midwifery Basic Information Manual;
(ii)
prepare the student to apply for certification by North
American Registry of Midwives (NARM); and
(iii)
include a minimum of 250 hours course work.
(D)
be supervised and conducted by a course supervisor/administrator
who shall:
(i)
be responsible for all aspects of the course; and
(ii)
have two years of experience in the independent practice
of midwifery or obstetrics; and
(iii)
have been primary care giver for at least 75 births including
provision of prenatal, intrapartum, and postpartum care; and
(iv)
have met initial documentation requirements; or
(v)
be a Certified Professional Midwife (CPM); or
(vi)
be American College of Nurse Midwives (ACNM) certified;
or
(vii)
be a licensed physician in Texas actively engaged in
the practice of obstetrics.
(E)
include didactic curriculum instructors who:
(i)
have training and credentials for the course material they
will teach; and
(ii)
are approved by the course supervisor/administrator.
(F)
provide clinical experience/preceptorship which prepares
the student to become certified by NARM, including successful completion of
at least the following activities:
(i)
serving as an active participant in attending 20 births;
(ii)
serving as the primary midwife, under supervision, in
attending 20 additional births, at least 10 of which shall be out-of-hospital
births;
(iii)
serving as the primary midwife, under supervision, in
performing:
(I)
75 prenatal exams, including at least 20 initial history
and physical exams;
(II)
20 newborn exams; and
(III)
40 postpartum exams.
(G)
include preceptors who are approved by the course supervisor/administrator
and shall be:
(i)
documented midwives;
(ii)
certified professional midwives;
(iii)
certified nurse midwives; or
(iv)
physicians licensed in Texas and actively engaged in the
practice of obstetrics.
(3)
Individuals enrolled as students in an approved
midwifery course must possess:
(A)
a high school diploma or the equivalent; and
(B)
a current cardiopulmonary resuscitation (CPR) certificate
for health care providers from the American Heart Association (formerly a
C certificate) or an equivalent CPR certificate for the professional rescuer
from the Red Cross.
(4)
Course approval.
(A)
The course supervisor/administrator shall submit an application
form and a nonrefundable initial application fee of $150 to the Midwifery
Program with the following supporting documentation:
(i)
course outline;
(ii)
course curriculum with specific content references to:
(I)
MANA Core Competencies;
(II)
NARM Skills Assessment Test Specifications; and
(III)
Texas Midwifery Basic Information Manual.
(iii)
identification of didactic and preceptorship teaching
sites;
(iv)
a financial statement or balance sheet (within the last
year) for the course supervisor/administrator or course owner and disclosure
of any bankruptcy within the last five years; and
(v)
written policies to include:
(I)
tuition schedule, other charges, and cancellation and refund
policy, including the right of any prospective student to cancel his/her enrollment
agreement within 72 hours after signing the agreement and receive a full refund
of any money which may have paid;
(II)
student attendance, progress, and grievance policies;
(III)
rules of operation and conduct of school personnel;
(IV)
requirements for state documentation;
(V)
disclosure of approval status of course;
(VI)
maintenance of student files; and
(VII)
reasonable access for non-English speakers and compliance
with Federal and state laws on accessibility.
(B)
Student files shall be maintained for a minimum of five
years and shall include:
(i)
evidence that the entrance requirements have been met;
(ii)
documentation demonstrating completion of didactic and
clinical course work; and
(iii)
copies of any financial agreements between the student
and the school.
(C)
The Midwifery Program staff and Education Committee chairperson
shall review each course application submitted for approval. If an application
for initial approval meets all of the requirements specified in this paragraph,
a one-year provisional approval will be granted. An on-site evaluation of
the course shall be scheduled. The evaluation shall be conducted by a member
of the Midwifery Program staff and a documented midwife within the provisional
year. The midwife member of the evaluation team shall be appointed by the
Chairperson of the Midwifery Board and shall not be the supervisor, didactic
instructor, or preceptor of another basic midwifery education course in the
same geographic area. The site visit will include the following:
(i)
an inspection of the course's facilities;
(ii)
a review of its teaching plan, protocols, and teaching
materials;
(iii)
a review of didactic and preceptorship instruction;
(iv)
interviews with staff and students; and
(v)
a review of student files.
(D)
A nonrefundable fee of $400 shall be assessed for each
course approval site visit.
(E)
The review team's written report shall conclude with a
recommendation to the Education Committee for approval or denial of the course.
(F)
The Education Committee shall evaluate the application
and all other pertinent information, including any complaints received and
the on-site review team's report and recommendation.
(G)
The Midwifery Board shall consider the application and
the recommendations of the Education Committee and shall render a final decision
during the provisional year. The decisions of the Education Committee and
Midwifery Board shall be based upon the criteria specified in this subsection.
(H)
Each applicant shall be notified of the Midwifery Board's
decision in writing within 10 working days. If an application is denied, the
notification shall specify the reason(s) for denial.
(5)
Appeal of course denial. An appeal of a notification
of a denial must be submitted in writing to the Chairperson of the Midwifery
Board through the Midwifery Program within 21 working days of the applicant's
receipt of the notice. Upon receipt of the appeal, the appellant will be placed
on the agenda of the next scheduled meeting of the Midwifery Board, at which
time the appellant may appear and the Board shall render a decision on the
appeal.
(6)
Course reciprocity. A basic midwifery education course
which is currently accredited by the Midwifery Education Accreditation Council
(MEAC) shall be deemed approved under this subsection upon submission of evidence
of such accreditation.
(7)
Duration of course approval.
(A)
The Midwifery Board shall approve courses for a three-year
period.
(B)
Course approvals granted prior to December 31, 1996, shall
expire upon the adoption of these rules, and course supervisors/administrators
shall apply for initial approval within 60 days.
(C)
Course supervisors/administrators shall reapply for approval
six months prior to expiration.
(8)
Course changes. Any substantive change(s) in
the course or its content shall be submitted to the Midwifery Program staff
prior to the change(s) if known in advance or within 10 working days after
change(s). The Midwifery Program staff shall notify the Education Committee
Chairperson. The Midwifery Board may reconsider the status of any course which
has undergone substantive changes should the course no longer meet the requirements
in subsections (e)(1)-(2) of this section.
(9)
Revocation of course approval. The Midwifery Board
may revoke the approval of a course after notifying the course supervisor/administrator
of its intended action and the opportunity for an appeal, if the Midwifery
Board determines that:
(A)
the course no longer meets the standards established by
this subsection;
(B)
the course supervisor, instructor(s), or preceptor(s) do
not have the qualifications required by this subsection;
(C)
course approval was obtained by fraud or deceit;
(D)
the course supervisor has falsified course registration,
attendance, and/or completion records; or
(E)
continued approval of the course is not in the public interest
as defined by the Midwifery Board.
(10)
Fair hearing procedures. Notice and hearings
required under this subsection will be conducted according to and will be
governed by 25 TAC §§1.51-1.55 (relating to Fair Hearing Procedures),
except that final decisions on hearings shall be made by the Midwifery Board
rather than the commissioner.
(f)
Comprehensive exams.
(1)
Comprehensive exam approval.
(A)
Any approved education course or midwifery association
may submit an application form and a nonrefundable initial application fee
of $150 to the Midwifery Program with the following supporting documentation:
(i)
copy of exam;
(ii)
copy of all exam information and preparation materials,
including sample test booklet(s);
(iii)
evidence that the written portion of the examination
has been validated by an independent professional, as required by the Act,
§11(b);
(iv)
references to the MANA Core Competencies included in the
exam;
(v)
identification of proposed test sites;
(vi)
a financial statement or balance sheet (within the last
year) for the course supervisor/administrator or course owner or midwifery
association and disclosure of any bankruptcy within the last five years; and
(vii)
written policies to include:
(I)
charge for exam administration, other charges, and cancellation
and refund policy;
(II)
confidentiality of individual exam scores;
(III)
administration and grading of exam;
(IV)
requirements for test sites and proctors;
(V)
disclosure of approval status of exam;
(VI)
complaint procedures;
(VII)
maintenance of exam files; and
(VIII)
reasonable access for non-English speakers and compliance
with Federal and state laws on accessibility.
(B)
Separate exam files for each administration of the exam
shall be maintained for a minimum of five years and shall include:
(i)
evidence of identity of all test takers, and of all proctors;
(ii)
documentation concerning exam administration procedures;
(iii)
copies of any financial agreements related to the administration
of the exam;
(iv)
copies of any complaints received;
(v)
copies of exam(s) administered; and
(vi)
originals of all scored exams.
(C)
The Midwifery Program staff and Education Committee chairperson
shall review each exam application submitted for approval. If an application
for approval meets all of the requirements specified in this paragraph, it
will be forwarded to the Education Committee within 60 days.
(D)
The Education Committee shall evaluate the application
and recommend either approval or denial of the application to the Midwifery
Board.
(E)
The Midwifery Board shall consider the application and
the recommendations of the Education Committee and shall render a final decision.
(F)
Each applicant shall be notified of the Midwifery Board's
decision in writing within 10 working days. If an application is denied, the
notification shall specify the reason(s) for denial.
(2)
Appeal of exam denial. An appeal of a notification
of a denial must be submitted in writing to the Chairperson of the Midwifery
Board within 21 working days of the applicant's receipt of the notice. The
appellant may appear at the next scheduled meeting of the Midwifery Board,
at which the Board shall render a decision on the appeal.
(3)
Duration of exam approval.
(A)
The Midwifery Board shall approve exams for a three-year
period;
(B)
Any revisions to the exam must be approved according to
the requirements of this subsection; and
(C)
Course supervisors/administrators or associations of midwifery
shall reapply for approval six months prior to expiration.
(4)
Exam changes/revisions. Any substantive change(s)
in, or revisions to, the exam, its administration, or any of the policies
associated with it, shall be submitted to the Midwifery Program staff prior
implementation of the change(s), along with a explanation for the proposed
change(s). The Midwifery Program staff shall notify the Education Committee
Chairperson. The Midwifery Board may reconsider the status of any exam in
which substantive changes have been made.
(A)
The Education Committee may request and consider any relevant
information, including exam files, when reconsidering course approval.
(B)
The Education Committee shall forward its recommendations
to the Midwifery Board.
(5)
Revocation of exam approval.
(A)
The Midwifery Board may revoke the approval of a exam after
notifying the course supervisor/administrator or course owner or midwifery
association of its intended action and the opportunity for an appeal, if the
Midwifery Board determines that:
(i)
the exam or the course/association who submitted it for
approval no longer meets the standards established by this subsection; or
(ii)
exam approval was obtained by fraud or deceit; or
(iii)
records required by this subsection have been falsified
or are incomplete; or
(iv)
exam files or other relevant information have been withheld
from the Midwifery Board or Education Committee despite a written request;
or
(v)
continued approval of the exam is not in the public interest
as defined by the Midwifery Board.
(B)
Each course supervisor/administrator or midwifery association
shall be notified of the Midwifery Board's decision in writing within ten
working days. If an application is denied, the notification shall specify
the reason(s) for denial.
(C)
Notice and hearings required under this subsection will
be conducted according to and will be governed by 25 TAC §§1.51-1.55
(relating to Fair Hearing Procedures), except that final hearing decisions
will be made by the Midwifery Board rather than the commissioner.
(6)
Complaints. If a complaint cannot be resolved
by the complaint process associated with the exam, the complainant may file
a complaint against the exam or the course supervisor/administrator or course
owner or midwifery association with the Education Committee in accordance
with the procedures in subsection (h) of this section.
(g)
Continuing education.
(1)
Mandatory continuing midwifery education courses support
the need for midwives practicing in Texas to maintain current knowledge and
skills.
(2)
Courses may be offered by any individual or organization
that meets the requirements for course approval established by this subsection.
(3)
Course curriculum must provide an educational experience
which:
(A)
covers new developments in the fields of midwifery or related
disciplines; or
(B)
reviews established knowledge in the fields of midwifery
or related disciplines; and
(C)
shall be presented in standard contact hour increments
for continuing health education; and
(D)
shall provide reasonable access for non-English speakers
and comply with Federal and state laws on accessibility.
(4)
Course coordinators and instructors.
(A)
Course coordinators shall obtain course approval, register
and certify participant attendance, and provide attendance certificates to
participants following the course.
(B)
Course instructors shall have training and credentials
appropriate for the course material they will teach.
(5)
Course approval. Continuing education courses
attended to fulfill annual documentation requirements shall be accepted when
the courses:
(A)
satisfy the requirements of subsection (g)(3)(A)-(C) of
this section; and
(B)
are accredited by one of the following accrediting bodies:
(i)
a professional midwifery association, nursing, social work,
or medicine;
(ii)
a college or university;
(iii)
a nursing, medical, or health care organization;
(iv)
a state board of nursing or medicine;
(v)
a department of health; or
(vi)
a hospital.
(h)
Complaint procedure, investigation, and disposition.
(1)
Purpose. This subsection defines the procedures for filing
complaints against approved courses or exams. It further defines valid causes
for discipline and procedures to be utilized by the Midwifery Program, the
Education Committee, and the Midwifery Board in processing, investigating,
and resolving complaints against approved courses or exams.
(2)
Provisions. This subsection establishes:
(A)
procedures for reporting violations and/or complaints;
(B)
procedures for investigating alleged violations and/or
complaints;
(C)
procedures for informal hearings;
(D)
procedures for sanctions; and
(E)
procedures for complaint disposition and appeals.
(3)
Education Committee. The Education Committee
shall consider all complaints filed against approved courses or exams and
shall make recommendations to the Midwifery Board.
(A)
The Midwifery Board Chairperson may convene ad hoc working
groups consisting of committee members, documented midwives, and other interested
individuals as necessary.
(B)
All meetings of the Education Committee in which a complaint
is being discussed shall be closed to the public. The Education Committee
shall schedule an informal conference to discuss the investigation and any
proposed recommendation. At no time shall the Education Committee or Midwifery
Board disclose the identity of the complainant, or the course or exam that
is the subject of the complaint.
(4)
Report of a complaint. Complaints may be accepted
by the Midwifery Program by telephone, in person, or in writing from any person
or agency alleging violations of this section.
(A)
The Midwifery Program staff shall mail a letter and complaint
form to the complainant within 10 working days of being notified of the complaint.
The complaint form shall request at least the following information:
(i)
the name, address, and telephone number of complainant
(optional);
(ii)
the name, address, and telephone number of course supervisor/administrator
or course owner or midwifery association that is the subject of the complaint;
(iii)
a complete statement of the complaint, including date(s),
time(s), and location(s) of event(s);
(iv)
the name, address, and telephone number of any witnesses;
and
(v)
a description of any other reporting, filing, or attempted
resolution of the complaint.
(B)
The complaint review process begins when the completed
complaint form is received by the Midwifery Program and assigned a case number,
and the subject of the complaint is determined to be a course or exam approved
under this section.
(C)
If the complaint form includes the complainant's name and
address, the complainant shall be notified in writing of the Midwifery Program's
receipt of the complaint form within 10 working days.
(5)
Records of complaints. The Midwifery Program
shall maintain an information file about each complaint. The information file
shall be kept current and shall contain, if applicable:
(A)
the written complaint;
(B)
a record of all persons contacted in relation to the complaint;
(C)
client records;
(D)
other requested records;
(E)
a summary of findings;
(F)
an explanation of the legal basis and the Midwifery Board's
reason for dismissing a complaint;
(G)
sanctions imposed; and
(H)
other relevant information.
(6)
Complaint investigation. The Midwifery Program
Director shall:
(A)
notify the course supervisor/administrator or course owner
or midwifery association of the Midwifery Program's receipt of the complaint
by certified mail;
(B)
request all relevant records necessary to conduct an investigation
of the complaint;
(C)
interview the complainant, the respondent, and any witnesses;
(D)
review and evaluate all information received;
(E)
forward the complaint to any other agencies or organizations
which may also have jurisdiction and/or refer the complainant to said agencies
or organizations;
(F)
present each complaint to the Education Committee; and
(G)
notify the course supervisor/administrator or course owner
or midwifery association by certified mail of the date and time of the Education
Committee at which the complaint will be presented, at least 30 days in advance.
(7)
Settlement conference. The Education Committee
chairperson or, in his/her absence, the vice-chairperson, will preside over
and conduct the conference.
(A)
On the day and time designated for the conference, the
chairperson/vice-chairperson shall:
(i)
state the purpose of and the legal authority for the conference;
and
(ii)
outline the procedure and order of presentation to be
followed.
(B)
Order of presentation. After making the necessary introductory
and explanatory remarks, the chairperson/vice-chairperson shall state the
case number and the nature of the complaint.
(i)
The Education Committee shall review all available evidence
from the investigation, including any statements from the complainant and
the course supervisor/administrator or course owner or midwifery association.
The Education Committee may question any person present regarding relevant
information. Whether or not the complainant or course supervisor/administrator
or course owner or midwifery association is present, the settlement conference
shall proceed with the information on hand.
(ii)
Evidence and statements shall be reviewed by the Education
Committee and one of the following recommendations made to the Midwifery Board:
(I)
close the complaint file due to insufficient evidence;
or
(II)
enter an agreed order.
(iii)
Complaints not resolved by settlement conference shall
be referred for a hearing.
(8)
Hearings.
(A)
All administrative hearings under this section shall be
conducted according to 25 TAC §§1.51-1.55 (relating to Fair Hearing
Procedures).
(B)
All proposals for decision shall be referred to the Midwifery
Board for final decision.
(9)
Guidelines for sanctions. The Midwifery Board/Education
Committee shall consider the following factors in imposing sanctions:
(A)
the severity of the offense;
(B)
the damage to the public or to the profession of midwifery;
(C)
the number of repetitions of the offense;
(D)
the length of time since date of offense;
(E)
the number of sanctions imposed upon the course supervisor/administrator
or course owner or midwifery association;
(F)
the length of time the course or exam has been offered;
(G)
the actual injury, financial or otherwise, suffered by
the student(s) or person(s) taking the exam;
(H)
any efforts at rehabilitation or remediation by the course
supervisor/administrator or course owner or midwifery association; and
(I)
any other mitigating or aggravating circumstances.
(10)
Penalties and Sanctions. If the Midwifery Board
finds that a course supervisor/administrator or course owner or midwifery
association has violated this subsection, it shall enter an order imposing
one or more of the following:
(A)
a written warning;
(B)
limitation or restriction of course or exam approval for
a specified time;
(C)
suspension of course or exam approval for a specified time;
(D)
revocation of course or exam approval;
(E)
probation of any sanction imposed on the course supervisor/administrator
or course owner or midwifery association;
(F)
acceptance by the Midwifery Board of the voluntary surrender
of approval and without the opportunity for reinstatement unless the Midwifery
Board determines the course supervisor/administrator or course owner or midwifery
association is competent to resume offering the course or exam; or
(G)
imposition of conditions for approval that the course supervisor/administrator
or course owner or midwifery association must satisfy before the Midwifery
Board issues an unrestricted approval.
(11)
Failure to cooperate. Failure to provide records
requested by the Midwifery Program, without good cause shown, shall be grounds
for additional disciplinary action.
(12)
Disposition.
(A)
Agreed disposition.
(i)
The Midwifery Board may, unless precluded by law or this
section, make a disposition of any complaint by agreed order.
(ii)
An agreed disposition is considered a disciplinary order
for purposes of reporting under this chapter and of administrative hearings
and proceedings by state and federal regulatory agencies regarding the practice
and education of documented midwives. An agreed order is a public record.
In civil or criminal litigation, an agreed disposition is a settlement agreement
under Texas Rules of Civil Evidence, Rule 408, and Texas Rules of Criminal
Evidence, Rule 408.
(B)
Closed file. The Midwifery Board may close the complaint
file due to insufficient evidence.
This agency hereby certifies that the proposal
has been reviewed by legal counsel and found to be within the agency's legal
authority to adopt.
Filed with the Office of the Secretary of State on December
16, 1998.
TRD-9818388
Edna Dougherty
Chair
Texas Midwifery Board
Earliest possible date of adoption: January 31, 1999
For further information, please call: (512) 458-7236
1.4
], Application
for Appraiser Certification or Licensing;
Part IX.
Texas State Board of Medical Examiners
(iii)
(iv)
] NBME I or USMLE 1, plus
NBME II or USMLE 2, plus NBME III or USMLE 3;
(v)
] NBME I or USMLE 1, plus NBME
II or USMLE 2, plus FLEX II;
Part XXIX.
Texas Board of Professional Land Surveying
Chapter 663.
Standards of Responsibility and Rules of Conduct
To better serve the general
public in regulating the practice of land surveying in Texas, these minimum
standards of practice (standards) are established. All surveys performed by
registered professional land surveyors in Texas shall adhere to these standards
by meeting or exceeding the requirements hereof.
]
Part XXXVIII.
Texas Midwifery Board
Subchapter C. Education
Subchapter D. Practice of Midwifery