Earning any type of professional license results from years of studies, practice, and hard work. After you have obtained your license, you continue to work to build your clientele and practice, while still complying with the requirements that govern your professional as necessary to maintain your license. Any violations of these rules can make you subject to licensing board investigations and disciplinary proceedings.
The Texas Department of Licensing & Regulation (TDLR) regulates midwives in the state of Texas. As a result, TDLR receives complaints and initiates disciplinary proceedings against midwives from patients, members of the public, and other professionals. As these proceedings can lead to severe sanctions that impact your license and ability to practice as a midwife, you should immediately consult an experienced midwife licensing defense attorney for advice. Your lawyer can represent your interests throughout any investigation and formal disciplinary proceedings before the TDLR.
The Texas Commission of Licensing and Regulation, a division of TDLR, amended several rules, adopted new rules, and repealed a few rules affecting the Midwives Program in 2023.
Rule Adoptions for Midwives Licensing Program
Licensing Fee Changes
The Commission adopted one rule change relating to the Midwives Program during its December 2023 meeting. The Commission amended 16 Tex. Admin. Code §115.80 concerning licensing fees. The initial midwife licensing fee decreased from $275 to $195, and the renewal fee decreased from $550 to $390. These amendments were necessary to comply with both requirements to set reasonable fees and cover the costs of administering the program. The new fees became effective as of January 1, 2024.
The Commission also adopted amendments to various rules and added some new rules regarding the Midwives Program at its August 2023 meeting.
New Rules Pertaining to Midwives
16 Tex. Admin. Code §115.2 replaces the former section, which was repealed. This section provides that a person may not practice midwifery without a license. 16 Tex. Admin. Code §115.12 clarifies that applicants must submit all applications, required information, and documentation of credentials on department-approved forms. Furthermore, applicants must submit original or certified copies if required by the TDLR.
Likewise, 16 Tex. Admin. Code §115.16 replaces the repealed version of this section. It creates a retired voluntary charity care status license for midwives, as per the requirements of the Texas Occupations Code, for licensed midwives who are not employed and have no pending or current disciplinary actions. This section provides for a renewable two-year license under which the midwife may not accept compensation for services. This section also provides a means for a midwife to return to an active license status after the license has expired.
16 Tex. Admin. Code §115.22 outlines preceptor direct supervisor responsibilities for students performing clinical experience responsibilities, regardless as to whether the activities are being counted toward the student’s education. The student can only perform activities authorized by the preceptor. The student cannot advertise or represent to the public in any way that the student is a midwife and cannot receive any compensation from a client for performing supervised activities.
Before providing any services involving a student, the client must consent in writing, and be informed in writing of the requirements of this section, the identity and license status of the preceptor and the student, and the services that will be provided.
A student who complies with the restrictions in this section does not commit the practice of midwifery without a license. However, a licensed midwife who is providing direct supervision of a student is responsible for all actions and liabilities of the student.
Finally, 16 Tex. Admin. Code §115.121 replaces the repealed section. This section requires midwives to use forms prescribed by the TDLR to meet the informed choice and disclosure requirements. Midwives must provide the required informed consent and disclosures to clients in oral and written form before providing any services. Likewise, a student performing clinical experience activities must have informed consent.
Rule Amendments for Midwives Licensing Program
The Commission amended 16 Tex. Admin. Code §§115.1, 115.4, 115.5, 115.13 – 115.15, 115.20, 115.21, 115.23, 115.25, 115.70, 115.100, and 115.120. These amendments concern updates to the basic midwifery education course and changes that reflect current TDLR procedures and remove unnecessary or obsolete language.
We Are Here to Defend You Throughout Your Investigation
Disciplinary investigations, complaints, and related proceedings before the TDLR can be difficult and stressful. These potential sanctions can be severe and even lead to the loss of your license. The result of a TDLR disciplinary proceeding can cause you to suffer damage to your reputation and career, and you can lose the ability to support yourself and your family financially. By retaining the services of an experienced midwife license defense lawyer today, you may be able to resolve your case more positively. Contact Bertolino LLP at (512) 515-9518 or visit us online.
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