(a) A center utilizing the services of a licensed midwife
shall ensure that all licensed midwives utilized do not violate the
Texas Midwifery Act, Texas Occupations Code, Chapter 203, concerning
prohibited acts and criminal penalties, while functioning in his or
her capacity at or for the center.
(b) A center shall ensure that its licensed midwives
comply with Title 22 Texas Administrative Code, Chapter 831 (relating
to Midwifery), while functioning in his or her capacity at or for
the center.
(c) A center that provides laboratory services shall
meet the Clinical Laboratory Improvement Amendments of 1988 (CLIA
88), 42 Code of Federal Regulations, §§493.1 - 493.1780
(CLIA 1988). CLIA 1988 applies to all centers with laboratories that
examine human specimens for the diagnosis, prevention, or treatment
of any disease or impairment of, or the assessment of the health of,
human beings. If a center accepts laboratory test results from another
state or foreign country, such as Mexico, the laboratory documents
must be reviewed and approved by a licensed health professional within
his or her scope of practice.
(d) A center utilizing the services of a registered
nurse(s) shall ensure that its registered nurse(s) comply with the
Nursing Practice Act, Texas Occupations Code, Chapters 301, 303, and
304, while functioning in his or her capacity at or for the center.
(e) A center utilizing the services of a licensed vocational
nurse(s) shall ensure that its licensed vocational nurse(s) comply
with Texas Occupations Code, Chapters 301, 303, and 304, while functioning
in his or her capacity at or for the center.
(f) A center utilizing the services of a physician(s)
shall ensure that its physician(s) comply with the Medical Practice
Act, Texas Occupations Code, Chapters 151 - 165, while functioning
in his or her capacity at or for the center.
(g) A center utilizing the services of a physician
assistant(s) shall ensure that its physician assistant(s) comply with
the Physician Assistant Licensing Act, Texas Occupations Code, Chapter
204, while functioning in his or her capacity at or for the center.
(h) A center that provides pharmacy services shall
obtain a license as a pharmacy if required by the Texas Pharmacy Act,
Texas Occupations Code, Chapters 551 - 569.
(i) A center shall not use adulterated or misbranded
drugs or devices in violation of the Health and Safety Code, §431.021.
Adulterated drugs and devices are described in Health and Safety Code, §431.111.
Misbranded drugs or devices are described in Health and Safety Code, §431.112.
(j) A center shall not commit a false, misleading,
or deceptive act or practice as that term is defined in the Deceptive
Trade Practices-Consumer Protection Act, Business and Commerce Code, §17.46.
(k) A birthing center must provide voluntary paternity
establishment services in accordance with:
(1) the Health and Safety Code, §192.012, Record
of Acknowledgment of Paternity; and
(2) the rules of the Office of the Attorney General
found at 1 Texas Administrative Code, Chapter 55, Subchapter J (relating
to Voluntary Paternity Acknowledgment Process).
(l) A birthing center shall comply with Health and
Safety Code, Chapter 47, relating to Hearing Loss in Newborns.
(m) A center shall ensure that its birth attendants
comply with Health and Safety Code, §81.090 (relating to Serologic
Testing During pregnancy). The center shall ensure that the results
of any HIV test are kept confidential pursuant to the Health and Safety
Code, §81.103.
(n) A center shall ensure that its birth attendants
comply with the Health and Safety Code, §81.091, (relating to
Ophthalmia Neonatorum Prevention; Criminal Penalty).
(o) A center shall ensure that its birth attendants
cause the newborn screening tests to be performed as required by:
(1) the Health and Safety Code, §33.011 (relating
to Test Requirement); and
(2) Texas Occupations Code, §203.354 (relating
to Newborn Screening).
(p) A licensed birthing center shall not discriminate
based on a patient's disability and shall comply with Texas Health
and Safety Code Chapter 161, Subchapter S (relating to Allocation
of Kidneys and Other Organs Available for Transplant).
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