Bill Text: TX SB534 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the administration of certain drugs by a midwife.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-02-17 - Referred to Health & Human Services [SB534 Detail]
Download: Texas-2023-SB534-Introduced.html
| 88R2386 SCP-D | ||
| By: Paxton | S.B. No. 534 | |
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| relating to the administration of certain drugs by a midwife. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 203.256, Occupations Code, is amended to | ||
| read as follows: | ||
| Sec. 203.256. TRAINING IN NEWBORN SCREENING, | ||
| ADMINISTRATION OF CERTAIN DRUGS, AND BASIC LIFE SUPPORT | ||
| CARDIOPULMONARY RESUSCITATION. A person who practices midwifery in | ||
| this state must provide the department with satisfactory evidence | ||
| that the person: | ||
| (1) is trained to: | ||
| (A) perform the newborn screening tests under | ||
| Section 203.354 or has made arrangements for the performance of | ||
| those tests; and | ||
| (B) administer the drugs described by Section | ||
| 203.3525; and | ||
| (2) holds: | ||
| (A) a current certificate issued by the American | ||
| Heart Association in basic life support cardiopulmonary | ||
| resuscitation; or | ||
| (B) another form of certification acceptable to | ||
| the department that demonstrates proficiency in basic life support | ||
| cardiopulmonary resuscitation for adults and children. | ||
| SECTION 2. Subchapter G, Chapter 203, Occupations Code, is | ||
| amended by adding Section 203.302 to read as follows: | ||
| Sec. 203.302. CONTINUING EDUCATION IN PHARMACOLOGY. The | ||
| commission by rule shall require a licensed midwife to complete, in | ||
| addition to the minimum number of hours of continuing education | ||
| required to renew a license, a course in pharmacology that includes | ||
| training in the administration of the drugs described by Section | ||
| 203.3525. | ||
| SECTION 3. Subchapter H, Chapter 203, Occupations Code, is | ||
| amended by adding Section 203.3525 to read as follows: | ||
| Sec. 203.3525. ADMINISTRATION OF CERTAIN DRUGS. (a) A | ||
| midwife may administer: | ||
| (1) a drug commonly used in labor or postpartum care, | ||
| including an antihemorrhagic drug, intravenous fluids, or a local | ||
| anesthetic; or | ||
| (2) a prophylactic drug that meets the applicable | ||
| standard of care for a woman or newborn. | ||
| (b) The administration of a drug by a midwife under this | ||
| section does not constitute the practice of medicine as defined by | ||
| Subtitle B. | ||
| SECTION 4. Section 203.401, Occupations Code, is amended to | ||
| read as follows: | ||
| Sec. 203.401. PROHIBITED PRACTICES. A midwife may not: | ||
| (1) provide midwifery care in violation of commission | ||
| rule, except in an emergency that poses an immediate threat to the | ||
| life of a woman or newborn; | ||
| (2) administer a prescription drug to a client other | ||
| than: | ||
| (A) a drug administered under the supervision of | ||
| a licensed physician in accordance with state law; | ||
| (B) prophylaxis approved by the Department of | ||
| State Health Services to prevent ophthalmia neonatorum; [ |
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| (C) oxygen administered in accordance with | ||
| commission rule; or | ||
| (D) a drug described by Section 203.3525; | ||
| (3) use forceps or a surgical instrument for a | ||
| procedure other than cutting the umbilical cord or providing | ||
| emergency first aid during delivery; | ||
| (4) remove placenta by invasive techniques; | ||
| (5) use a mechanical device or medicine to advance or | ||
| retard labor or delivery; or | ||
| (6) make on a birth certificate a false statement or | ||
| false record in violation of Section 195.003, Health and Safety | ||
| Code. | ||
| SECTION 5. Not later than December 1, 2023, the Texas | ||
| Commission of Licensing and Regulation shall adopt rules as | ||
| required by Section 203.302, Occupations Code, as added by this | ||
| Act. | ||
| SECTION 6. Section 203.302, Occupations Code, as added by | ||
| this Act, applies only to the renewal of a midwife license on or | ||
| after February 1, 2024. The renewal of a license before February 1, | ||
| 2024, is governed by the law in effect immediately before the | ||
| effective date of this Act, and the former law is continued in | ||
| effect for that purpose. | ||
| SECTION 7. Section 203.401, Occupations Code, as amended by | ||
| this Act, applies only to conduct that occurs on or after February | ||
| 1, 2024. Conduct that occurs before February 1, 2024, is governed | ||
| by the law in effect immediately before the effective date of this | ||
| Act, and the former law is continued in effect for that purpose. | ||
| SECTION 8. (a) Except as provided by Subsection (b) of this | ||
| section, this Act takes effect September 1, 2023. | ||
| (b) Section 203.256, Occupations Code, as amended by this | ||
| Act, and Section 203.3525, Occupations Code, as added by this Act, | ||
| take effect February 1, 2024. | ||
