|(a) Each midwife who assists at the birth of a child
is responsible for performing the newborn screening tests according
to the Health and Safety Code, Chapters 33 and 34, and 25 TAC §§37.51
- 37.65, or making a referral in accordance with this subsection.
If the midwife performs the tests, then she or he must have been appropriately
trained. Each midwife must have one of the following documents on
file with the department in order to be licensed.
(1) Midwife Training Certification Form for Newborn
Screening Specimen Collection. Should the midwife choose to do the
newborn screening she or he will obtain training to perform this test
from an appropriate health care facility. Instruction will be based
upon the procedure for newborn screening developed by the Department
of State Health Service's Newborn Screening Program under authority
of the Health and Safety Code, Chapter 33. At the completion of the
instruction for newborn screening blood collection, the midwife will
request that the form Midwife Training Certification Form for Newborn
Screening Specimen Collection be signed by the designated representative
of the health care facility, attesting to the fact that the midwife
has complied with this requirement. This training, as part of the
licensure requirements, is only necessary once unless there is a change
in screening procedures.
(2) Newborn Screening Agreement for Newborn Babies
of Midwife Clients. The midwife could also choose to refer the family
to have the infant's screening done at an appropriate health care
facility. In this case, the midwife must use the form Newborn Screening
Agreement for Newborn Babies of Midwife Clients to attest to her responsibility
for seeing that the screening is done and to designate a facility
for such screening. The form must include a section where the facility
representative signs, agreeing that the facility will do the screening.
(b) As long as the midwife has been approved to perform
the newborn screening test, the act of collecting this specimen will
not constitute "practicing medicine" as defined by the Medical Practice
(c) As long as one is available, a physician or an
appropriately trained professional acting under standing delegation
order from a physician at an appropriate health care facility shall
instruct midwives in the proper procedure (newborn screening collection
procedure of the Department of State Health Services' Newborn Screening
Program) for newborn screening blood specimen collection and submission.
The physician, registered nurse, or any other person who instructs
a midwife in the approved techniques for newborn screening on the
orders of a physician is immune from liability arising out of the
failure or refusal of a midwife to:
(1) collect and submit the blood specimen in an approved
(2) send the samples to the laboratories designated
by the Department of State Health Services in a timely manner.
(d) Newborn Screening Test Objection Form. A midwife
must obtain a completed and signed Newborn Screening Test Objection
form from any parent who refuses to allow a midwife to perform the
newborn screening tests.