Military Service Members, Veterans, and Spouses - For more information about obtaining a TDLR license or renewing a TDLR license that expired while serving on active duty, please go to the Military Outreach home page.
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- Midwives Advisory Board meeting scheduled for January 25 in Austin
- Adoption of new Chapter 100 administrative rules
- Health Professions Transition FAQs
- Repeal of Chapter 143 administrative rules
- Criminal Conviction Guidelines approved
The Texas Commission of Licensing and Regulation adopted new rules regarding the General Provisions For Health Related Programs (16 Texas Administrative Code, Chapter 100, §100.1, 100.10, 100.20, 100.30 and 100.40).
Health Professions Transition FAQs
1. When did the transfer happen?
The Texas Department of Licensing and Regulation (TDLR) assumed all activities relating to the Midwives program including licenses and renewals, customer service and enforcement on October 3, 2016.
2. Now that the transfer is complete, will I need to get a new license issued by TDLR?
No. The license you have now issued by the Texas Department of State Health Services (DSHS) remains valid until its expiration date. When you renew, you will receive a TDLR license.
3. Have the rules changed?
Yes, TDLR adopted rules for all of the transferred programs. Most of the newly adopted rules are very similar, but some changes have been made. The TDLR health profession rules became effective on October 1, 2016. View the rule changes and links to the TDLR rules
4. What is going to happen with open complaints and cases?
If you filed a complaint with DSHS or had a complaint filed against your license and it was not resolved by the transfer date, TDLR assumed responsibility for the case. You should have already received notification by mail that your complaint was transferred to TDLR.
5. How do I stay informed about changes impacting me?
You have several options to stay connected:
- Email updates - Sign up for email updates to receive notices about rules, the law, fees, examination requirements, meetings and more. Email updates are the best way for you to stay informed.
- Meetings - TDLR’s advisory board and Commission meetings are available to watch online live or later at your convenience.
- Facebook and Twitter - TDLR has a Facebook page and Twitter account dedicated to TDLR Health Professions.
6. Why was my license expiration date extended? Will I have the same expiration date in the future?
To ease the transition, DSHS extended the expiration date by two months for licenses previously set to expire in August, September, and October 2016. For example, if your original expiration date was September 30, your new expiration date is November 30. If your license was extended, you will continue to renew your license in the new expiration month in the future.
7. Will I have to renew on a different schedule?
You will renew on the same schedule unless your license expired in August, September or October 2016. Licenses expiring in those months were extended for two months to ease the transition from DSHS to TDLR. If your license was extended, you will now renew in your new expiration month for future renewals. Your license expiration date will not return to your original expiration month.
8. Why were licensing programs transferred from DSHS to TDLR?
The transfer is the result of a change to Texas law. In 2015, the Texas Legislature passed Senate Bill 202, which transferred several licensing programs from the DSHS to TDLR.
Criminal Conviction Guidelines approved
The Texas Commission of Licensing and Regulation (Commission) provides this public notice that, at their regularly scheduled meeting held October 5, 2016, the Commission adopted amendments to the Texas Department of Licensing and Regulation’s (Department’s) Criminal Conviction Guidelines pursuant to Texas Occupations Code, §53.025(a). The Criminal Conviction Guidelines are updated from the original guidelines published on December 5, 2003 (28 TexReg 11018) to include the Midwives program.
The Criminal Conviction Guidelines (guidelines) describe the process by which the Department determines whether a criminal conviction renders an applicant an unsuitable candidate for the license, or whether a conviction warrants revocation or suspension of a license previously granted. The guidelines present the general factors that are considered in all cases and the reasons why particular crimes are considered to relate to each type of license issued by the Department.
Senate Bill 202, 84th Legislature, Regular Session (2015), transferred regulation of Midwives from the Department of State Health Services to the Texas Department of Licensing and Regulation and amended Texas Occupations Code, Chapter 203. The statutory changes were effective September 1, 2015; the adopted rules became effective October 1, 2016; and the Department commenced all regulatory functions for the Midwives program on October 3, 2016
The Criminal Conviction Guidelines for the Midwives program will become a part of the overall guidelines that are already in place for other Department programs. The Department presented the applicable guidelines to the Midwives Advisory Board at their meeting on August 17, 2016, and received the Board’s recommendation of approval.
A copy of the complete Criminal Conviction Guidelines is posted on the Department’s website and may be obtained at https://www.tdlr.texas.gov/crimconvict.htm . You may also contact the Enforcement Division at (512) 539-5600 or by email at firstname.lastname@example.org to obtain a copy of the complete guidelines.
Repeal of Chapter 143 administrative rules
The Texas Department of Licensing and Regulation (Department) proposes the repeal of current rules at 16 Texas Administrative Code (TAC), Chapter 143, Subchapter A, §143.1 - 143.4 and 143.7; Subchapter B, §143.11 - 143.17 and §143.20 - 143.25; Subchapter C, §143.31 - 143.37, and §143.40; Subchapter D, §143.51, 143.52, 143.57, 143.58, 143.60, 143.65, 143.70, 143.75, 143.101, 143.111, 143.121, 143.131 and 143.141; and Subchapter E, §143.161 - 143.174, regarding the Midwives program.
The Texas Legislature enacted Senate Bill 202 (S.B. 202), 84th Legislature, Regular Session (2015), which in part, transferred 13 occupational licensing programs in two phases from the Department of State Health Services (DSHS) to the Texas Commission of Licensing and Regulation (Commission) and the Department. Under Phase 1, the following seven programs were transferred from DSHS to the Commission and the Department: (1) Midwives, Texas Occupations Code, Chapter 203; (2) Speech-Language Pathologists and Audiologists, Chapter 401; (3) Hearing Instrument Fitters and Dispensers, Chapter 402; (4) Licensed Dyslexia Practitioners and Licensed Dyslexia Therapists, Chapter 403; (5) Athletic Trainers, Chapter 451; (6) Orthotists and Prosthetists, Chapter 605; and (7) Dietitians, Chapter 701. The statutory amendments transferring regulation of these seven Phase 1 programs from DSHS to the Commission and the Department took effect on September 1, 2015.
On April 13, 2016, the Commission adopted its own set of rules for the Midwives program located at 16 TAC Chapter 115. The Commission's rules were effective October 1, 2016. (41 TexReg 4477). The Department officially commenced all regulatory functions for the Midwives program on October 3, 2016.
The current 16 TAC Chapter 143 rules were transferred from DSHS to be repealed to eliminate industry and public confusion. (41 TexReg 7585). These rules were formerly located at 22 TAC Chapter 831. The proposed repeal is necessary to complete the implementation of S.B. 202.
The proposed repeal of Subchapter A, §143.1 - 143.4 and 143.7 eliminates industry and public confusion by removing duplicate and inactive rules for the Midwives program.
The proposed repeal of Subchapter B, §143.11 - 143.17 and §143.20 - 143.25 eliminates industry and public confusion by removing duplicate rules for the Midwives program.
The proposed repeal of Subchapter C, §143.31 - 143.37, and §143.40 eliminates industry and public confusion by removing duplicate rules for the Midwives program.
The proposed repeal of Subchapter D, §143.51, 143.52, 143.57, 143.58, 143.60, 143.65, 143.70, 143.75, 143.101, 143.111, 143.121, 143.131 and 143.141 eliminates industry and public confusion by removing duplicate rules for the Midwives program.
The proposed repeal of Subchapter E, §143.161 - 143.174 eliminates industry and public confusion by removing duplicate rules for the Midwives program.
Brian E. Francis, Executive Director, has determined that for the first five-year period the proposed rule repeal is in effect, there will be no direct cost to state or local government related to the repeal. There is no estimated increase or decrease in revenue to the state as a result of the proposed repeal.
Mr. Francis also has determined that for each year of the first five-year period the proposed repeal of the rules is in effect, the public will benefit from the elimination of confusion that would result from the location of two sets of rules for the Midwives program in chapter 16 of the Texas Administrative Code.
The proposed rule repeal has no anticipated economic effect on small and micro-businesses and the repeal requires no compliance by any persons.
Since the agency has determined that the proposed repealed rules will have no adverse economic effect on small or micro-businesses, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, under Texas Government Code §2006.002, is not required.
Comments on the proposal may be submitted by mail to Pauline Easley, Legal Assistant, General Counsel's Office, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711; or by facsimile to (512) 475-3032; or electronically to email@example.com. The deadline for comments is 30 days after publication in the Texas Register.
The repeal is proposed under Texas Occupations Code, Chapters 51 and 203, which authorize the Commission, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.
The statutory provisions affected by the proposal are those set forth in Texas Occupations Code, Chapters 51 and 203. No other statutes, articles, or codes are affected by the proposal.
[Subchapter A. The Board.]
[§143.3 Midwifery Board.]
[§143.4 Board Member Training.]
[§143.7 Petition for the Adoption of a Rule.]
[Subchapter B. Licensure.]
[§143.11 License Required.]
[§143.13 Initial Application for Licensure.]
[§143.14 License Renewal.]
[§143.15 Late Renewal.]
[§143.16 Renewal for Retired Midwives Performing Charity Work.]
[§143.17 State Roster of Licensed Midwives.]
[§143.20 Grounds for Denial of Application or Disciplinary Action.]
[§143.21 Application or Renewal with Criminal Conviction.]
[§143.22 License Surrender.]
[§143.23 Application for a New License after Revocation, Suspension, or Surrender.]
[§143.24 Request for a Criminal History Evaluation Letter.]
[§143.25 Licensing of Military Service Members, Military Veterans, and Military Spouses.]
[Subchapter C. Education and Examination.]
[§143.31 Education Committee.]
[§143.32 Basic Midwifery Education.]
[§143.33 Education Course Approval.]
[§143.34 Education Course Denial or Revocation of Approval.]
[§143.35 Exam Approval, Denial, or Revocation of Approval.]
[§143.36 Complaints Concerning Education Courses and Comprehensive Exams.]
[§143.37 Jurisprudence Examination.]
[§143.40 Continuing Education.]
[Subchapter D. Practice of Midwifery.]
[§143.51 Standards for the Practice of Midwifery in Texas.]
[§143.52 Inter-professional Care.]
[§143.57 Termination of the Midwife-Client Relationship.]
[§143.58 Transfer of Care in An Emergency Situation.]
[§143.60 Prenatal Care.]
[§143.65 Labor and Delivery.]
[§143.70 Postpartum Care.]
[§143.75 Newborn Care During the First Six Weeks After Birth.]
[§143.101 Administration of Oxygen.]
[§143.111 Eye Prophylaxis.]
[§143.121 Newborn Screening.]
[§143.131 Informed Choice and Disclosure Statement.]
[§143.141 Provision of Support Services.]
[Subchapter E. Complaint Review.]
[§143.161 Complaint Review Committee.]
[§143.162 Reporting Violations and/or Complaints.]
[§143.163 Records of Complaints.]
[§143.164 Complaint Categories.]
[§143.165 Disciplinary Action and Guidelines.]
[§143.166 Complaint Investigation.]
[§143.167 Informal Settlement Conferences.]
[§143.168 Formal Hearings.]
[§143.169 Disciplinary Action.]
[§143.170 Complaint Disposition and Appeals.]
[§143.172 Cease and Desist Order.]
[§143.173 Emergency Suspension.]
[§143.174 Default Orders.]
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State, on October 10, 2016.
Brian E. Francis
Texas Department of Licensing and Regulation
The Midwives program regulates licensed midwives and approved midwifery education courses. The Texas Midwifery Act defines midwifery as providing the necessary supervision, care, and advice to a woman during normal pregnancy, labor, and the postpartum period; conducting a normal delivery of a child; and providing normal newborn care from birth through the first six weeks of life.
To practice midwifery in Texas, an individual must hold a current license issued by the Texas Department of Licensing and Regulation (TDLR). For information concerning Certified Nurse-Midwives (CNMs), who are not regulated by TDLR, contact either the Texas Board of Nursing or the American College of Nurse-Midwives. For information concerning licensing and regulation of birthing centers, contact the Department of State Health Services’ Facility Licensing Group.
On October 14, 2015, the Texas Commission of Licensing and Regulation voted unanimously to appoint nine members to the Midwives Advisory Board:
- Midwife: Brenda Buffington, Livingston, Texas. Term expires 1/31/2017.
- Midwife: Janet Dirmeyer, Comfort, Texas. Term expires 1/31/2019.
- Midwife: Laurie Fremgen, Austin, Texas. Term expires 1/31/2019.
- Physician Family Practitioner/Pediatrician: Dr. Charleta Guillory, Houston, Texas. Term expires 1/31/2017.
- Public Member - Parent: Linda Hart, Texas City, Texas. Term expires 1/31/2017.
- Midwife: Victoria Meinhardt, Austin, Texas. Term expires 1/31/2021.
- Midwife: Helen Nelson, Grand Prairie, Texas. Term expires 1/31/2019.
- Physician OB/GYN: Dr. Michael Nix, Austin, Texas. Term expires 1/31/2021.
- Public Member: Meredith A. Rentz Cook (Presiding Officer), Keller, TX. Term expires 1/31/2021.