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.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.