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TITLE 16ECONOMIC REGULATION
PART 4TEXAS DEPARTMENT OF LICENSING AND REGULATION
CHAPTER 115MIDWIVES
RULE §115.1Definitions

The following words and terms when used in this chapter shall have the following meaning unless the context clearly indicates otherwise.

  (1) Act--The Texas Midwifery Act, Texas Occupations Code, Chapter 203.

  (2) Advisory Board--The Midwives Advisory Board appointed by the presiding officer of the Commission with the approval of the Commission.

  (3) Appropriate health care facility--The Department of State Health Services, a local health department, a public health district, a local health unit or a physician's office where specified tests can be administered and read, and where other medical/clinical procedures normally take place.

  (4) Approved midwifery education courses--The basic midwifery education courses approved by the department.

  (5) Code--Texas Health and Safety Code.

  (6) Collaboration--The process in which a midwife and a physician or another licensed health care professional of a different profession jointly manage the care of a woman or newborn according to a mutually agreed-upon plan of care.

  (7) Commission--The Texas Commission of Licensing and Regulation.

  (8) Consultation--The process by which a midwife, who maintains responsibility for the woman's care, seeks the advice of a physician or another licensed health care professional or member of the health care team of a different profession.

  (9) Department--The Texas Department of Licensing and Regulation.

  (10) Executive director--The executive director of the department.

  (11) Health authority--A physician who administers state and local laws regulating public health under the Health and Safety Code, Chapter 121, Subchapter B.

  (12) Local health unit--A division of a municipality or county government that provides limited public health services as provided by the Health and Safety Code, §121.004.

  (13) Newborn care--The care of a child for the first six weeks of the child's life.

  (14) Normal childbirth--The labor and vaginal delivery at or close to term (37 up to 42 weeks) of a pregnant woman whose assessment reveals no abnormality or signs or symptoms of complications.

  (15) Physician--A physician licensed to practice medicine in Texas by the Texas Medical Board.

  (16) Postpartum care--The care of a woman for the first six weeks after the woman has given birth.

  (17) Program--The department's midwifery program.

  (18) Public health district--A district created under the Health and Safety Code, Chapter 121, Subchapter E.

  (19) Referral--The process by which a midwife directs the client to a physician or another licensed health care professional who has current obstetric or pediatric knowledge and who is working under supervision and delegation of a physician.

  (20) Retired midwife--A midwife licensed in Texas who is over the age of 55 and not currently employed in a health care field.

  (21) Standing delegation orders--Written instructions, orders, rules, regulations or procedures prepared by a physician and designated for a patient population, and delineating under what set of conditions and circumstances actions should be instituted, as described in the rules of the Texas Medical Board in Chapter 193 (relating to Standing Delegation Orders) and §115.111 of this title (relating to Coordinating Care with Other Health Care Providers).

  (22) Transfer--The process by which a midwife relinquishes care of the client for pregnancy, labor, delivery, or postpartum care or care of the newborn to a physician or another licensed health care professional who has current obstetric or pediatric knowledge and who is working under the supervision and delegation of a physician.

  (23) Voluntary charity care--Midwifery care provided without compensation and with no expectation of compensation.


Source Note: The provisions of this §115.1 adopted to be effective October 1, 2016, 41 TexReg 4477; amended to be effective May 1, 2019, 44 TexReg 1849

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