Sec. 203.151. RULEMAKING AUTHORITY OF MIDWIFERY BOARD

(a) Subject to the approval of the executive commissioner, the midwifery board shall:

(1) adopt substantive and procedural rules necessary for the licensing of midwives;

(2) adopt rules prescribing the standards for the practice of midwifery in this state, including standards for:

(A) the delineation of findings that preclude a woman or newborn from being classified as having a normal pregnancy, labor, delivery, postpartum period, or newborn period; and

(B) administration of oxygen by a midwife to a mother or newborn;

(3) adopt rules prescribing:

(A) the type of courses and number of hours required to meet the basic midwifery education course and continuing midwifery education course requirements; and

(B) minimum standards for the approval and revocation of approval of:

(i) basic midwifery education courses and continuing midwifery education courses; and

(ii) instructors or facilities used in basic midwifery education courses and continuing midwifery education courses;

(4) adopt rules prescribing a procedure for reporting and processing complaints relating to the practice of midwifery in this state;

(5) adopt and implement substantive and procedural rules as necessary to discipline midwives determined to be in violation of this chapter or otherwise a threat to the public health and safety;

(6) adopt rules as necessary to establish eligibility for reciprocity for initial licensing under this chapter; and

(7) adopt other rules necessary to implement a duty imposed on the executive commissioner or the department under this chapter.

(b) The rules adopted under Subsection (a)(5) must include rules relating to:

(1) warnings provided to midwives for a violation of this chapter or rules adopted under this chapter;

(2) agreed orders for additional education by midwives;

(3) recommendations or requirements for medical or psychological treatment, including treatment related to substance abuse by a midwife; and

(4) restrictions on the practice of a midwife, including practice limitations and the suspension and revocation of a license, and placement of a midwife on probation.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by: Acts 2005, 79th Leg., Ch. 1240 , Sec. 15, eff. September 1, 2005.