Texas 2021 - 87th Regular

Texas Senate Bill SB735 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R5883 JES-D
2	2	By: Paxton S.B. No. 735
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the administration of certain drugs by a midwife.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 203.256, Occupations Code, is amended to
10	10	read as follows:
11	11	Sec. 203.256. TRAINING IN NEWBORN SCREENING,
12	12	ADMINISTRATION OF CERTAIN DRUGS, AND BASIC LIFE SUPPORT
13	13	CARDIOPULMONARY RESUSCITATION. A person who practices midwifery in
14	14	this state must provide the department with satisfactory evidence
15	15	that the person:
16	16	(1) is trained to:
17	17	(A) perform the newborn screening tests under
18	18	Section 203.354 or has made arrangements for the performance of
19	19	those tests; and
20	20	(B) administer the drugs described by Section
21	21	203.3525; and
22	22	(2) holds:
23	23	(A) a current certificate issued by the American
24	24	Heart Association in basic life support cardiopulmonary
25	25	resuscitation; or
26	26	(B) another form of certification acceptable to
27	27	the department that demonstrates proficiency in basic life support
28	28	cardiopulmonary resuscitation for adults and children.
29	29	SECTION 2. Section 203.304, Occupations Code, is amended by
30	30	adding Subsection (a-1) to read as follows:
31	31	(a-1) The commission by rule shall require a licensed
32	32	midwife to complete, as part of the minimum hours required to renew
33	33	a license:
34	34	(1) a course in pharmacology; and
35	35	(2) training in the administration of the drugs
36	36	described by Section 203.3525.
37	37	SECTION 3. Subchapter H, Chapter 203, Occupations Code, is
38	38	amended by adding Section 203.3525 to read as follows:
39	39	Sec. 203.3525. ADMINISTRATION OF CERTAIN DRUGS. (a) A
40	40	midwife may administer:
41	41	(1) a drug commonly used in labor or postpartum care,
42	42	including an anti-hemorrhagic drug, intravenous fluids, or a local
43	43	anesthetic; or
44	44	(2) a prophylactic drug that meets the applicable
45	45	standard of care for a woman or newborn and is approved by the
46	46	Department of State Health Services.
47	47	(b) The administration of a drug by a midwife under this
48	48	section does not constitute the practice of medicine as defined by
49	49	Subtitle B.
50	50	SECTION 4. Section 203.401, Occupations Code, is amended to
51	51	read as follows:
52	52	Sec. 203.401. PROHIBITED PRACTICES. A midwife may not:
53	53	(1) provide midwifery care in violation of commission
54	54	rule, except in an emergency that poses an immediate threat to the
55	55	life of a woman or newborn;
56	56	(2) administer a prescription drug to a client other
57	57	than:
58	58	(A) a drug administered under the supervision of
59	59	a licensed physician in accordance with state law;
60	60	(B) prophylaxis approved by the Department of
61	61	State Health Services to prevent ophthalmia neonatorum; [or]
62	62	(C) oxygen administered in accordance with
63	63	commission rule; or
64	64	(D) a drug described by Section 203.3525;
65	65	(3) use forceps or a surgical instrument for a
66	66	procedure other than cutting the umbilical cord or providing
67	67	emergency first aid during delivery;
68	68	(4) remove placenta by invasive techniques;
69	69	(5) use a mechanical device or medicine to advance or
70	70	retard labor or delivery; or
71	71	(6) make on a birth certificate a false statement or
72	72	false record in violation of Section 195.003, Health and Safety
73	73	Code.
74	74	SECTION 5. Not later than December 1, 2021, the Texas
75	75	Commission of Licensing and Regulation shall adopt rules as
76	76	required by Section 203.304(a-1), Occupations Code, as added by
77	77	this Act.
78	78	SECTION 6. Section 203.304(a-1), Occupations Code, as added
79	79	by this Act, applies only to the renewal of a midwife license on or
80	80	after March 1, 2022. The renewal of a license before March 1, 2022,
81	81	is governed by the law in effect immediately before the effective
82	82	date of this Act, and the former law is continued in effect for that
83	83	purpose.
84	84	SECTION 7. Section 203.401, Occupations Code, as amended by
85	85	this Act, applies only to conduct that occurs on or after March 1,
86	86	2022. Conduct that occurs before March 1, 2022, is governed by the
87	87	law in effect immediately before the effective date of this Act, and
88	88	the former law is continued in effect for that purpose.
89	89	SECTION 8. (a) Except as provided by Subsection (b) of this
90	90	section, this Act takes effect September 1, 2021.
91	91	(b) Section 203.256, Occupations Code, as amended by this
92	92	Act, and Section 203.3525, Occupations Code, as added by this Act,
93	93	take effect March 1, 2022.