25 Tex. Admin. Code § 97.136 - Prophylaxis against Ophthalmia Neonatorum
(a)
A physician, nurse, midwife, or other person in attendance at childbirth shall
apply, or cause to be applied, to the child's eyes a 0.5% ophthalmic
erythromycin ointment in each eye within two hours after birth. If this
ointment is not available due to a disruption in distribution or manufacturing,
a physician, nurse, midwife, or other person subject to this section shall
apply or cause to be applied to the child's eyes an alternative treatment
included in guidance issued by the Department of State Health Services
(department) or the Centers for Disease Control and Prevention.
(b) Except as provided by subsection (c) of
this section, a person commits an offense if the person is a physician, nurse,
midwife, or other person in attendance with a pregnant woman either during
pregnancy or at delivery and fails to perform a duty required by subsection (a)
of this section. An offense under this section is a Class B misdemeanor under
the Texas Health and Safety Code, §
81.091(g).
(c) A physician, nurse, midwife, or other
person in attendance at childbirth who is unable to apply the prophylaxis as
required by this section due to the objection of a parent, managing
conservator, or guardian of the newborn infant does not commit an offense under
this section and is not subject to criminal, civil, or administrative liability
or any professional disciplinary action for failure to administer the
prophylaxis. The physician, nurse, midwife, or person shall ensure that the
objection of the parent, managing conservator, or guardian is entered into the
medical record of the infant.
(d)
The department may provide an approved prophylaxis without charge to
health-care providers if the newborn's financially responsible adult is unable
to pay. The health-care provider shall not charge for the prophylaxis that is
received free of charge from the department.
(e) Midwives shall follow the additional
requirements in Texas Health and Safety Code, §
81.091.
Notes
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