89R5320 GP-D
By: Paxton S.B. No. 1102
A BILL TO BE ENTITLED
AN ACT
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; [or]
(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, 2025, 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, 2026. The renewal of a license before February 1,
2026, 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, 2026. Conduct that occurs before February 1, 2026, 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, 2025.
(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, 2026.