Paxton’s bill lets midwives give certain drugs on their own

The text as introduced · 676 words

89R5320 GP-D

By: Paxton
S.B. No. 1102

A BILL TO BE ENTITLED

AN ACT

relating to the administration of certain drugs by a midwife.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 203.256, Occupations Code, is amended to

read as follows:

Sec. 203.256. TRAINING IN NEWBORN SCREENING ,

ADMINISTRATION OF CERTAIN DRUGS, AND BASIC LIFE SUPPORT

CARDIOPULMONARY RESUSCITATION. A person who practices midwifery in

this state must provide the department with satisfactory evidence

that the person:

(1) is trained to :

(A) perform the newborn screening tests under

Section 203.354 or has made arrangements for the performance of

those tests; and

(B) administer the drugs described by Section

203.3525; and

(2) holds:

(A) a current certificate issued by the American

Heart Association in basic life support cardiopulmonary

resuscitation; or

(B) another form of certification acceptable to

the department that demonstrates proficiency in basic life support

cardiopulmonary resuscitation for adults and children.

SECTION 2. Subchapter G, Chapter 203, Occupations Code, is

amended by adding Section 203.302 to read as follows:

Sec. 203.302. CONTINUING EDUCATION IN PHARMACOLOGY. The

commission by rule shall require a licensed midwife to complete, in

addition to the minimum number of hours of continuing education

required to renew a license, a course in pharmacology that includes

training in the administration of the drugs described by Section

203.3525.

SECTION 3. Subchapter H, Chapter 203, Occupations Code, is

amended by adding Section 203.3525 to read as follows:

Sec. 203.3525. ADMINISTRATION OF CERTAIN DRUGS. (a) A

midwife may administer:

(1) a drug commonly used in labor or postpartum care,

including an antihemorrhagic drug, intravenous fluids, or a local

anesthetic; or

(2) a prophylactic drug that meets the applicable

standard of care for a woman or newborn.

(b) The administration of a drug by a midwife under this

section does not constitute the practice of medicine as defined by

Subtitle B.

SECTION 4. Section 203.401, Occupations Code, is amended to

read as follows:

Sec. 203.401. PROHIBITED PRACTICES. A midwife may not:

(1) provide midwifery care in violation of commission

rule, except in an emergency that poses an immediate threat to the

life of a woman or newborn;

(2) administer a prescription drug to a client other

than:

(A) a drug administered under the supervision of

a licensed physician in accordance with state law;

(B) prophylaxis approved by the Department of

State Health Services to prevent ophthalmia neonatorum; [ or ]

(C) oxygen administered in accordance with

commission rule; or

(D) a drug described by Section 203.3525;

(3) use forceps or a surgical instrument for a

procedure other than cutting the umbilical cord or providing

emergency first aid during delivery;

(4) remove placenta by invasive techniques;

(5) use a mechanical device or medicine to advance or

retard labor or delivery; or

(6) make on a birth certificate a false statement or

false record in violation of Section 195.003, Health and Safety

Code.

SECTION 5. Not later than December 1, 2025, the Texas

Commission of Licensing and Regulation shall adopt rules as

required by Section 203.302, Occupations Code, as added by this

Act.

SECTION 6. Section 203.302, Occupations Code, as added by

this Act, applies only to the renewal of a midwife license on or

after February 1, 2026. The renewal of a license before February 1,

2026, is governed by the law in effect immediately before the

effective date of this Act, and the former law is continued in

effect for that purpose.

SECTION 7. Section 203.401, Occupations Code, as amended by

this Act, applies only to conduct that occurs on or after February

1, 2026. Conduct that occurs before February 1, 2026, is governed

by the law in effect immediately before the effective date of this

Act, and the former law is continued in effect for that purpose.

SECTION 8. (a) Except as provided by Subsection (b) of this

section, this Act takes effect September 1, 2025.

(b) Section 203.256, Occupations Code, as amended by this

Act, and Section 203.3525, Occupations Code, as added by this Act,

take effect February 1, 2026.