25 TAC §§37.175, 37.178, 37.180
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Department of Health or in the Texas Register office, Room 245,
James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Department of Health (department) proposes
the repeal of §§37.175, 37.178, and 37.180 concerning midwives.
Specifically, the sections cover annual documentation; complaint procedure,
investigation, and disposition; and education.
The department proposes repeal of the sections in 25 Texas Administrative
Code (TAC) in order that new sections may be proposed by the Texas Midwifery
Board for adoption at 22 TAC, Examining Boards, Chapter 831, Midwives. The
Texas Midwifery Board is authorized by the Texas Midwifery Act (the Act),
Texas Civil Statutes, Article 4512i, §8A(b), to adopt rules concerning
documentation 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 department's Women's Health Division
to the Professional Licensing and Certification Division of the department.
The new rules proposed in 22 TAC, Chapter 831, can be found in the January
1, 1999, Texas Register issue in the Proposed Rule section.
Jack Baum, D.D.S., Acting Associate Commissioner for Community Relations
and Development, has determined that for the first five-year period the repeals
are in effect, there will be no fiscal implications for state or local government
as a result of the repeals.
Dr. Baum has also determined that for each of the first five years the
repeals are in effect, the public benefit anticipated is more effective regulation
of midwifery practice. There are no anticipated economic costs to small or
large businesses or to persons who will be affected by the repeals. No effect
on local employment is anticipated.
Written comments on the proposed repeals 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
the proposed repeals in the Texas Register.
The repeals are proposed under Health and Safety Code, §12.001(b),
which provides the board with authority to adopt rules for the performance
of every duty imposed by law upon the board, the department, and the commissioner
of health.
The repeals affect Texas Civil Statutes, Article 4512i.
§37.175.Annual Documentation.
§37.178.Complaint Procedure, Investigation, and Disposition.
§37.180.Education.
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-9818386
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: January 31, 1999
For further information, please call: (512) 458-7236