Texas 2025 - 89th Regular

Texas Senate Bill SB1102 Compare Versions

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

Old	New	Differences
1	1	89R5320 GP-D
2	2	By: Paxton S.B. No. 1102
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the administration of certain drugs by a midwife.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 203.256, Occupations Code, is amended to
12	12	read as follows:
13	13	Sec. 203.256. TRAINING IN NEWBORN SCREENING,
14	14	ADMINISTRATION OF CERTAIN DRUGS, AND BASIC LIFE SUPPORT
15	15	CARDIOPULMONARY RESUSCITATION. A person who practices midwifery in
16	16	this state must provide the department with satisfactory evidence
17	17	that the person:
18	18	(1) is trained to:
19	19	(A) perform the newborn screening tests under
20	20	Section 203.354 or has made arrangements for the performance of
21	21	those tests; and
22	22	(B) administer the drugs described by Section
23	23	203.3525; and
24	24	(2) holds:
25	25	(A) a current certificate issued by the American
26	26	Heart Association in basic life support cardiopulmonary
27	27	resuscitation; or
28	28	(B) another form of certification acceptable to
29	29	the department that demonstrates proficiency in basic life support
30	30	cardiopulmonary resuscitation for adults and children.
31	31	SECTION 2. Subchapter G, Chapter 203, Occupations Code, is
32	32	amended by adding Section 203.302 to read as follows:
33	33	Sec. 203.302. CONTINUING EDUCATION IN PHARMACOLOGY. The
34	34	commission by rule shall require a licensed midwife to complete, in
35	35	addition to the minimum number of hours of continuing education
36	36	required to renew a license, a course in pharmacology that includes
37	37	training in the administration of the drugs described by Section
38	38	203.3525.
39	39	SECTION 3. Subchapter H, Chapter 203, Occupations Code, is
40	40	amended by adding Section 203.3525 to read as follows:
41	41	Sec. 203.3525. ADMINISTRATION OF CERTAIN DRUGS. (a) A
42	42	midwife may administer:
43	43	(1) a drug commonly used in labor or postpartum care,
44	44	including an antihemorrhagic drug, intravenous fluids, or a local
45	45	anesthetic; or
46	46	(2) a prophylactic drug that meets the applicable
47	47	standard of care for a woman or newborn.
48	48	(b) The administration of a drug by a midwife under this
49	49	section does not constitute the practice of medicine as defined by
50	50	Subtitle B.
51	51	SECTION 4. Section 203.401, Occupations Code, is amended to
52	52	read as follows:
53	53	Sec. 203.401. PROHIBITED PRACTICES. A midwife may not:
54	54	(1) provide midwifery care in violation of commission
55	55	rule, except in an emergency that poses an immediate threat to the
56	56	life of a woman or newborn;
57	57	(2) administer a prescription drug to a client other
58	58	than:
59	59	(A) a drug administered under the supervision of
60	60	a licensed physician in accordance with state law;
61	61	(B) prophylaxis approved by the Department of
62	62	State Health Services to prevent ophthalmia neonatorum; [or]
63	63	(C) oxygen administered in accordance with
64	64	commission rule; or
65	65	(D) a drug described by Section 203.3525;
66	66	(3) use forceps or a surgical instrument for a
67	67	procedure other than cutting the umbilical cord or providing
68	68	emergency first aid during delivery;
69	69	(4) remove placenta by invasive techniques;
70	70	(5) use a mechanical device or medicine to advance or
71	71	retard labor or delivery; or
72	72	(6) make on a birth certificate a false statement or
73	73	false record in violation of Section 195.003, Health and Safety
74	74	Code.
75	75	SECTION 5. Not later than December 1, 2025, the Texas
76	76	Commission of Licensing and Regulation shall adopt rules as
77	77	required by Section 203.302, Occupations Code, as added by this
78	78	Act.
79	79	SECTION 6. Section 203.302, Occupations Code, as added by
80	80	this Act, applies only to the renewal of a midwife license on or
81	81	after February 1, 2026. The renewal of a license before February 1,
82	82	2026, is governed by the law in effect immediately before the
83	83	effective date of this Act, and the former law is continued in
84	84	effect for that purpose.
85	85	SECTION 7. Section 203.401, Occupations Code, as amended by
86	86	this Act, applies only to conduct that occurs on or after February
87	87	1, 2026. Conduct that occurs before February 1, 2026, is governed
88	88	by the law in effect immediately before the effective date of this
89	89	Act, and the former law is continued in effect for that purpose.
90	90	SECTION 8. (a) Except as provided by Subsection (b) of this
91	91	section, this Act takes effect September 1, 2025.
92	92	(b) Section 203.256, Occupations Code, as amended by this
93	93	Act, and Section 203.3525, Occupations Code, as added by this Act,
94	94	take effect February 1, 2026.