The following are grounds for denial of application for licensure
or license renewal and for disciplinary action.
(1) The commission or executive director may deny an
application for initial licensure or license renewal and may take
disciplinary action against any person based upon proof of the following:
(A) violation of the Act or rules adopted under the
Act;
(B) submission of false or misleading information to
the department;
(C) intemperate use of alcohol or drugs while engaged
in the practice of midwifery;
(D) unprofessional or dishonorable conduct that may
reasonably be determined to deceive or defraud the public;
(E) inability to practice midwifery with reasonable
skill and safety because of illness, disability, or psychological
impairment;
(F) judgment by a court of competent jurisdiction that
the individual is mentally impaired;
(G) disciplinary action taken by another jurisdiction
affecting the applicant's legal authority to practice midwifery;
(H) submission of a birth or death certificate known
by the individual to be false or fraudulent, or other noncompliance
with Health and Safety Code, Chapter 191, or 25 Texas Administrative
Code (TAC), Chapter 181 (relating to Vital Statistics);
(I) noncompliance with Health and Safety Code, Chapter
244, or 25 TAC, Chapter 137 (relating to Birthing Centers);
(J) failure to practice midwifery in a manner consistent
with the public health and safety;
(K) failure to submit midwifery records in connection
with the investigation of a complaint;
(L) failure to use generally accepted standards of
midwifery care;
(M) failure to exercise ordinary diligence in the provision
of midwifery care;
(N) failure to act competently in the provision of
midwifery care; or
(O) a material misrepresentation knowingly made to
the department on any matter or to a client during the provision of
midwifery care.
(2) The department may refuse to renew the license
of a person who fails to pay an administrative penalty imposed under
the Act, unless enforcement of the penalty is stayed or a court has
ordered that the administrative penalty is not owed.
(3) The commission or executive director may suspend
or revoke course approval if:
(A) the course no longer meets one or more of the standards
established by this chapter;
(B) the course administrator, an instructor, or a preceptor
does not have the qualifications required by this chapter;
(C) course approval was obtained by fraud or deceit;
(D) the course administrator falsified course registration,
attendance, completion and/or other records; or
(E) course approval was based on MEAC accreditation
or pre-accreditation that has since been suspended or revoked.
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Source Note: The provisions of this §115.70 adopted to be effective October 1, 2016, 41 TexReg 4477; amended to be effective May 1, 2019, 44 TexReg 1849; amended to be effective August 1, 2020, 45 TexReg 5184; amended to be effective September 1, 2023, 48 TexReg 4660 |