Midwives

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.


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News and Updates

Rule Review Adoption Justification

At their meeting held March 3, 2021, the Texas Commission of Licensing and Regulation adopted the rule review of 16 Texas Administrative Code (TAC) Chapter 115, Midwives, effective March 15, 2021.

The rule review adoption was published in the March 26, 2021 issue of the Texas Register (46 TexReg 2050).

TDLR encourages all persons interested in the Midwives program to review the rule review adoption. The adoption justification is available online.

Rule Review Adoption Justification

At their meeting held March 3, 2021, the Texas Commission of Licensing and Regulation adopted the rule review of 16 Texas Administrative Code (TAC) Chapter 100, General Provisions for Health-Related Programs, effective March 15, 2021.

The rule review adoption was published in the March 26, 2021 issue of the Texas Register (46 TexReg 2050).

TDLR encourages all persons interested in the General Provisions for Health-Related Programs to review the rule review adoption. The adoption justification is available online.

Call for Subject Matter Experts

TDLR is seeking subject matter experts (SMEs) to assist our Enforcement Division with complaint case reviews. SMEs review complaint cases, generally involving standard of care issues, during the investigation stage of the enforcement process.

We currently have a shortage of Behavior Analyst, Podiatrist, and Speech-Language Pathologist SMEs.

If you are interested in becoming a SME, please complete the Expert Witness Application. Once the application is submitted, you will receive a questionnaire to complete and return. Documents are screened and contracts are issued to approved SMEs.

All SMEs receive training on their role in reviewing complaint cases. Tasks may include the following:

  • Reviewing documents and statements collected by investigators.
  • Writing a report stating an opinion as to whether the respondent violated a rule or law in the provision of care to a client.
  • Answering specific questions from the prosecutor about the case.
  • Testifying as a witness for TDLR at hearings.

Our mission is to protect the citizens of Texas and the hard-working members of your profession. We cannot do that without your specialized knowledge of the complexities of your profession. Please consider becoming a SME today.

TDLR Health Monitor – February 2021 Edition

Articles in this February 2021 edition of The Health Monitor include updates on:

  • 87th Session of the Texas Legislature
  • Emergency License Extensions in Response to COVID-19 Delays
  • Program Rule Changes
  • Call for Subject Matter Experts
  • New HHSC-Approved Human Trafficking Training Courses Available

Notice to prospective licensees, current licensees renewing their licenses, and stakeholders

Applicants can apply for new licenses and renew licenses online. TDLR strongly encourages you to take advantage of the opportunity to apply or renew online. The process is secure and easy to use – and faster than submitting paper-based applications and supporting documents, especially as TDLR deals with significant staffing issues related to COVID-19.

  • Applications submitted online can take 30 days to process once TDLR receives all required documents.
  • Applications submitted by mail may face significant delays, which may take up to 90 days once TDLR receives all required documents.

Access the online licensing system here. If you need to submit a document outside of the online application, please scan the document and send it to TDLR using our online customer service form.

If you need to submit a transcript, please ask your university to send electronic transcripts to TDLR at cs.transcript@tdlr.texas.gov instead of mailing in an original or certified copy of an original transcript. If your need to submit other documents, such as receipt of fingerprint submission, please scan the document and send it electronically to TDLR using our Customer Service form.

Thank you for helping us process your application or renewal more quickly.

86th Legislative Session Update

Notice to Health Care Practitioners of New Training Requirement

House Bill 2059 requires certain health care practitioners to complete a Health and Human Services Commission (HHSC) approved human trafficking prevention training course to renew their license. The bill also requires HHSC to post a list of approved courses on their website. Licensees are required to comply with the training requirements beginning September 1, 2020. For more information, visit our Human Trafficking Prevention Training for Health Care Practitioners webpage.

TDLR Recognizes CPR Grace Periods for Midwives

For licensed midwives, TDLR will recognize any grace period recommended in response to the COVID-19 crisis by an entity providing certification in cardiopulmonary resuscitation (CPR) or neonatal resuscitation.

COVID-19: Continuing Education Waived

TDLR continuing education requirements are waived for all individual licenses expiring in March, April, and May 2020. Licensees still need to submit their renewal applications, pay the required fees, and TDLR will check their criminal histories, but they will not need to complete any TDLR-required continuing education this licensing cycle. (§51.405, Occupations Code)

Note: TDLR is not authorized to waive continuing education requirements imposed by a certifying or credentialing entity other than TDLR. If a certifying entity requires continuing education to maintain certification, and certification is required for Texas licensure, then that continuing education must be completed. If the certifying entity waives continuing education or allows it to be completed on a delayed basis due to COVID-19, then you may follow the certifying entity’s policy.

Please check the TDLR COVID-19 webpage for the most up-to-date information.

Guidance Statement on TDI Rules Related to Senate Bill 1264

The Texas Department of Insurance (TDI) has adopted emergency rules interpreting Senate Bill (SB) 1264’s prohibitions related to “surprise billing” (or “balance billing”). This Guidance Statement is intended to provide clear information concerning SB 1264 to Texas patients, clients, and health care providers under the regulatory authority of the Texas Department of Licensing and Regulation (TDLR).

SB 1264 prohibits surprise billing, with certain exceptions. Health care providers under TDLR’s regulatory authority who seek to exercise the exceptions to SB 1264’s prohibitions against balance billing must comply with all provisions of SB 1264, including as interpreted by TDI rules. See the TDI SB 1264 webpage for additional information. SB 1264 applies to a health care or medical service or supply provided on or after January 1, 2020.

TDLR will be responsible for investigating complaints and taking disciplinary action against TDLR licensees for violations of SB 1264, including as interpreted by TDI rules. Any person who believes that a TDLR-licensed health care provider has committed a balance billing-related violation may file a complaint online with TDLR. Additionally, TDLR and TDI will work together to ensure that any complaints filed with TDI regarding TDLR licensees will be referred to TDLR and investigated.

TDLR will be working on the development of enforcement rules consistent with SB 1264 and TDI’s rules interpreting the statute. As rulemaking moves ahead, we look forward to a transparent process and engaging the public and stakeholders on this important issue.

Important Information for Healthcare Facilities Seeking to Use Out-Of-State Healthcare Providers to Assist with Tropical Storm Imelda Disaster Response

On September 19, 2019 in accordance with Sections 418.016 and 418.171 of the Texas Government Code, Governor Greg Abbott temporarily suspended all necessary statutes and rules to allow a healthcare professional licensed and in good standing in another state to practice in various facilities in Texas to assist with Tropical Storm Imelda disaster response operations.

The suspension allows a healthcare provider who holds a license, certificate, or other permit issued by another state jurisdiction satisfying qualifications for professional, mechanical, or other skills to render aid in this state to meet an emergency or disaster.

This suspension is in effect until terminated by the Office of the Governor or until the Tropical Storm Imelda disaster declaration is lifted or expires.

For the healthcare provider types listed below, a healthcare facility must submit to the TDLR by email each out-of-state provider’s name, license type, state of licensure, and license identification number to: recovery@tdlr.texas.gov

TDLR licenses the following healthcare providers:

  • Athletic Trainers
  • Behavior Analysts
  • Dietitians
  • Dyslexia Therapists and Practitioners
  • Hearing Instrument Fitters and Dispensers
  • Midwives
  • Orthotists and Prosthetists
  • Podiatrists
  • Speech-Language Pathologists and Audiologists

If you have questions or need assistance, please call (800) 803-9202 Monday through Friday from 7 a.m. to 6 p.m. or email recovery@tdlr.texas.gov.

Informed Choice and Disclosure Form

TDLR has revised and updated the Licensed Midwives Informed Choice and Disclosure Form. The form includes a new requirement to provide information to prospective clients on hospital transfer.

The form is available online in English and Spanish at: https://www.tdlr.texas.gov/midwives/mwvforms.htm

Question: The new Informed Choice and Disclosure Statement Form only includes two spaces for me to list the hospitals to which I will transfer a specific client. What if there are more than two hospitals that I might transfer my client to?

Answer: If you need more space, please attach a separate page to the form listing the hospitals to which you might transfer a specific client, and then discuss the information with that client.

Please note: this list should not be a generic list of all hospitals in the area – it should be tailored to the planned birth location of each specific and individual midwifery client.

Important Information for Healthcare Facilities Seeking to Use Out-Of-State Healthcare Providers to Assist with Hurricane Harvey Disaster Response

On September 3, in accordance with Sections 418.016 and 418.171 of the Texas Government Code, Governor Greg Abbott temporarily suspended all necessary statutes and rules to allow a healthcare professional licensed and in good standing in another state to practice in various facilities in Texas to assist with disaster response operations for Hurricane Harvey. Read More >>

The suspension allows a healthcare provider who holds a license, certificate, or other permit issued by another state jurisdiction satisfying qualifications for professional, mechanical, or other skills to render aid in this state to meet an emergency or disaster.

This suspension is in effect until terminated by the Office of the Governor or until the Hurricane Harvey disaster declaration is lifted or expires.

For the healthcare provider types listed below, a healthcare facility must submit to the Texas Department of Licensing and Regulation (TDLR) by email each out-of-state provider’s name, license type, state of licensure, and license identification number to: Harvey@tdlr.texas.gov

TDLR licenses the following healthcare providers:

  • Athletic Trainers
  • Dietitians
  • Dyslexia Therapists and Practitioners
  • Hearing Instrument Fitters and Dispensers
  • Midwives
  • Orthotists and Prosthetists
  • Podiatrists
  • Speech-Language Pathologists and Audiologists

If you have questions or need assistance, please call (800) 803-9202 between 7:00 a.m. and 6:00 p.m. CDT or email Harvey@tdlr.texas.gov.


Advisory Board Meetings

CANCELED - Upcoming Meeting - April 29, 2020

The Midwives Advisory Board meeting scheduled for Wednesday, April 29, 2020 is canceled. When the meeting is rescheduled, the date will be posted online.

Midwives Educational Summit - January 31, 2020

TDLR hosted a Midwives Educational Summit on Friday, January 31, 2020 at 9:00 a.m. The summit was held at the Embassy Suites, by Hilton, 1001 E. McCarty Lane, San Marcos, TX 78666. The agenda is available online. The Summit was not broadcast live.

Previous Meeting - January 30, 2020

The Midwives Advisory Board met January 30, 2020 in Austin. The agenda and staff reports are available online. The meeting was archived and is available on TDLR's YouTube channel.