Tex. Occ. Code Section 203.351
Informed Choice and Disclosure Requirements


A midwife shall disclose in oral and written form to a prospective client the limitations of the skills and practices of a midwife.


The department shall prescribe the form of the informed choice and disclosure statement required to be used by a midwife under this chapter. The form must include:


statistics of the midwife’s experience as a midwife;


the date the midwife’s license expires;


the date the midwife’s cardiopulmonary resuscitation certification expires;


the midwife’s compliance with continuing education requirements;


a description of medical backup arrangements; and


the legal responsibilities of a midwife, including statements concerning newborn blood screening, ophthalmia neonatorum prevention, and prohibited acts under Sections 203.401-203.403.


The informed choice statement must include a statement that state law requires a newborn child to be tested for certain heritable diseases and hypothyroidism. The midwife shall disclose to a client whether the midwife is approved to collect blood specimens to be used to perform the tests. If the midwife is not approved to collect the blood specimens, the disclosure must inform the client of the midwife’s duty to refer the client to an appropriate health care facility or physician for the collection of the specimens.


The disclosure of legal requirements required by this section may not exceed 500 words and must be in English and Spanish.


A midwife shall disclose to a prospective or actual client the procedure for reporting complaints to the department.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 1240 (H.B. 1535), Sec. 40, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.027, eff. September 1, 2015.

Source: Section 203.351 — Informed Choice and Disclosure Requirements, https://statutes.­capitol.­texas.­gov/Docs/OC/htm/OC.­203.­htm#203.­351 (accessed Jun. 5, 2024).

Jun. 5, 2024

§ 203.351’s source at texas​.gov