Texas Administrative Code
Title 16 - ECONOMIC REGULATION
Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION
Chapter 115 - MIDWIVES
Section 115.70 - Standards of Conduct
Universal Citation: 16 TX Admin Code ยง 115.70
Current through Reg. 49, No. 12; March 22, 2024
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.
Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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