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.