TEXAS MIDWIFERY BOARD MINUTES Texas Department of Health, Room M-653 1100 West 49th Street Austin, Texas 78756-3199 June 3, 2003 1:00 p.m. Members Present: Barry Schwarz M.D., Lisa Nash D.O., Carol Martin CNM, Brent Baylor, Gail Johnson CPM, Thalia Hufton, Cynthia Scott Members Absent: Karen Strange, Susan Chick TDH Staff Present: Yvonne Feinleib, Bianca Kasper, Debbie Peterson, Dan Meador, Chan McDermott Guests Present: Paulette Griffin CPM, Janet Dirmeyer, Jennifer Bennett, Kris Hohlt CPM, Sylyna Kennedy CPM, Kari Anne Light, Norma Valdez, Francisco Sanchez-Tello, Edna Dougherty, Beth Overton, Beatrice Tarr, 1. Meeting called to order Brent Baylor, Chair, called the meeting to order at 1:00 p.m. 2. Division Director's Report Jim Zukowski, Ed. D., discussed recent legislation impacting the board, including SB161 (emergency suspension), HB2292 (full cost recovery, 2 year renewal, reorganization of TDH), and HB660 (criminal history checks including FBI for a $39 fee); HB2985 (Office of Patient Protection, fees). 5. Discussion and Possible Action concerning appeal by basic midwifery education course Francisco Tello-Sanchez, owner and course supervisor of Emmanuel Birth Attendant School, presented the appeal with the assistance of translation services provided by Ben Maya. The board discussed the appeal. Barry Schwarz made a motion to uphold the denial of course approval. Carol Martin seconded. Motion carried. A letter will be sent to the Mr. Tello-Sanchez upholding the denial and inviting him to re-apply for provisional approval. 2. Reading and Approval of February 11, 2003 Minutes Barry Schwarz made a motion to approve minutes with corrections. Lisa Nash seconded. Motion carried. 3. Complaint Review Committee Report.............................................................................................. Yvonne Feinleib provided the report due to the absence of Karen Strange, Committee Chair. Thalia Hufton made a motion to approve the recommendation of the committee to close Complaint MW03-01 with an agreed order imposing a letter of reprimand. Cynthia Scott seconded. Motion carried. 4. Education Committee Report...........................................................................................................Thalia Hufton Lisa Nash made a motion that the board accept the committee's recommendation to re-approve the Association of Texas Midwives' Midwifery Education Course. Barry Schwarz seconded the motion. Motion carried. 6. Discussion and Possible Action concerning appointment of midwife-consultant member to the Complaint Review Committee Thalia Hufton made a motion that the Sylyna Kennedy be appointed as the next midwife-consultant member. Gail Johnson seconded the motion. Motion carried. 7. Discussion and Possible Action concerning appointments to the Complaint Review Committee and the Education Committee Brent Baylor made a motion that the board retain the current committee appointments and confirm the committee membership for another year. Thalia Hufton seconded the motion. Motion carried. 8. Discussion and Possible Action regarding protocols, including establishment of a protocol review committee, policies and procedures, list of approved midwifery texts, and implementation timelines Barry Schwarz made a motion that the board establish by policy that midwives can practice under the new rules requiring protocols immediately, but that they become mandatory September 1, 2003. Gail Johnson seconded the motion. Motion carried. Barry Schwarz made a motion that the board empower the chair to establish an ad hoc committee to review protocols voluntarily submitted by midwives. Thalia Hufton seconded the motion. The board discussed the motion extensively. Barry Schwarz withdrew the motion. Thalia Hufton presented the recommendation of the Education Committee that the documentation form be amended to require the midwife to certify that he/she has protocols. Cynthia Scott seconded the motion. Motion carried. Gail Johnson presented the recommendation of the Education Committee that a letter be sent to each midwife in English and Spanish relating to the deadline for practicing in accordance with the new rules. Cynthia Scott seconded the motion. Motion carried. Thalia Hufton presented the recommendation of the Education Committee that a list of books and references from each approved course be available on the TDH website. Cynthia Scott seconded the motion. Motion carried. 9. Discussion and Possible Action regarding revisions to the Texas Midwifery Basic Information and Instructor Manual The board discussed the need for revisions to the Manual, including the inclusion of the list of references and information on the new requirement for protocols. The board requested that this item be added to the September agenda. 10. Discussion and Possible Action regarding revisions to the Informed Choice and Disclosure Statement The board discussed the need for revisions to the form, including the addition of a statement by the midwife that he/she has protocols. The board requested that this item be added to the September agenda. 11. Setting Future Meeting Dates The board established February 9-10, 2004 and September 13-14, 2004 as upcoming meeting dates. The board also scheduled a meeting of the Complaint Review Committee only for June 7, 2004 to be held if warranted by the volume of complaints received. 13. Midwifery Program Director's Report Yvonne Feinleib presented information on the upcoming Sunset Advisory Commission review. The board requested that a discussion and action item on the Sunset Review be added to the September agenda. 14. Public Comments Kari Ann Light requested that the board appoint an ad hoc committee to work on the Sunset Review. 15. Adjourn Barry Schwarz made a motion to adjourn at 4:55 p.m. Thalia Hufton seconded the motion. Motion carried. Page 1 of 2