| (a) Each midwife is responsible for administering or
causing to be administered to every infant which she or he delivers
the necessary eye prophylaxis to prevent ophthalmia neonatorum in
accordance with the medications specified in Health and Safety Code, §81.091.
(b) A midwife in attendance at childbirth who is unable
to apply prophylaxis as required by Section 81.091, Health and Safety
Code, due to the objection of the parent, managing conservator, or
guardian of the newborn child does not commit an offense under that
section and is not subject to any criminal, civil, or administrative
liability or any professional disciplinary action for failure to administer
the prophylaxis. The midwife in attendance at childbirth shall ensure
that the administration of eye prophylaxis, or the objection of the
parent, managing conservator, or guardian, is entered into the medical
record of the child.
(c) The administration and possession of prophylaxis
by a midwife is not a violation of the provisions of the Health and
Safety Code, Chapter 483, concerning dangerous drugs.
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