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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 137BIRTHING CENTERS
SUBCHAPTER DOPERATIONAL AND CLINICAL STANDARDS FOR THE PROVISION AND COORDINATION OF TREATMENT AND SERVICES
RULE §137.55Other State and Federal Compliance Requirements

(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).


Source Note: The provisions of this §137.55 adopted to be effective December 2, 2007, 32 TexReg 8507

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