PART 4. TEXAS DEPARTMENT OF LICENSING AND REGULATION
CHAPTER 115. MIDWIVES
The Texas Department of Licensing and Regulation (Department) proposes amendments to the existing rule at 16 Texas Administrative Code (TAC), Chapter 115, §115.80, regarding the Midwives program. These proposed changes are referred to as "proposed rule."
EXPLANATION OF AND JUSTIFICATION FOR THE RULES
The rules under 16 TAC, Chapter 115, implement Texas Occupations Code, Chapter 203, Midwives.
The proposed rule lowers the application fee for an initial midwife license from $275 to $195 and lowers the application fee for renewal of a midwife license from $550 to $390. The proposed rule is necessary to set fees in amounts reasonable and necessary to cover the costs of administering the Midwives program, as required by Texas Occupations Code §51.202. Department staff reviewed the costs of administering the Midwives program and determined that license application fees should be lowered so that the revenue from the fees does not exceed the costs of administering the program.
Advisory Board Recommendations
Due to time constraints, the proposed rule was not presented to the Midwives Advisory Board prior to publication of the proposed rule in the Texas Register. However, the proposed rule will be presented to the Advisory Board before being presented to the Texas Commission of Licensing and Regulation (Commission) for possible adoption.
SECTION-BY-SECTION SUMMARY
The proposed rule amends §115.80, Fees, by reducing the midwife license initial application fee in paragraph (1) from $275 to $195 and by reducing the midwife license renewal application fee in paragraph (2) from $550 to $390 for each two-year renewal period.
FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT
Tony Couvillon, Policy Research and Budget Analyst, has determined that for each year of the first five years the proposed rule is in effect, there are no estimated additional costs or reductions in costs to state or local government as a result of enforcing or administering the proposed rule.
Mr. Couvillon has determined that for each year of the first five years the proposed rule is in effect, there is no estimated increase in revenue to the state or local government as a result of enforcing or administering the proposed rule.
Mr. Couvillon has determined that for each year of the first five years the proposed rule is in effect, there is an estimated loss in revenue to the state government in the amount of $23,760 and no estimated loss in revenue to a local government as a result of enforcing or administering the proposed rule.
LOCAL EMPLOYMENT IMPACT STATEMENT
Mr. Couvillon has determined that the proposed rule will not affect a local economy, so the agency is not required to prepare a local employment impact statement under Government Code §2001.022.
PUBLIC BENEFITS
Mr. Couvillon has determined that for each year of the first five-year period the proposed rule is in effect, there will be a reduction in costs (savings) to persons who are required to comply with the proposed rule. Midwife licensees will save $80 each year for the first five years the proposed rule is in effect.
PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL
Mr. Couvillon has determined that for each year of the first five-year period the proposed rule is in effect, there are no anticipated economic costs to persons who are required to comply with the proposed rule.
FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES
There will be no adverse economic effect on small businesses, micro-businesses, or rural communities as a result of the proposed rule. Because the agency has determined that the proposed rule will have no adverse economic effect on small businesses, micro-businesses, or rural communities, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, as detailed under Texas Government Code §2006.002, are not required.
ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT
The proposed rule does not have a fiscal note that imposes a cost on regulated persons, including another state agency, a special district, or a local government. Therefore, the agency is not required to take any further action under Government Code §2001.0045.
GOVERNMENT GROWTH IMPACT STATEMENT
Pursuant to Government Code §2001.0221, the agency provides the following Government Growth Impact Statement for the proposed rule. For each year of the first five years the proposed rule will be in effect, the agency has determined the following:
1. The proposed rule does not create or eliminate a government program.
2. Implementation of the proposed rule does not require the creation of new employee positions or the elimination of existing employee positions.
3. Implementation of the proposed rule does not require an increase or decrease in future legislative appropriations to the agency.
4. The proposed rule does require an increase or decrease in fees paid to the agency. The proposed rule lowers the application fees for the issuance and renewal of midwife licenses, which will result in a decrease in fees paid to the agency.
5. The proposed rule does not create a new regulation.
6. The proposed rule does not expand, limit, or repeal an existing regulation.
7. The proposed rule does not increase or decrease the number of individuals subject to the rules’ applicability.
8. The proposed rule does not positively or adversely affect this state's economy.
TAKINGS IMPACT ASSESSMENT
The Department has determined that no private real property interests are affected by the proposed rule and the proposed rule does not restrict, limit, or impose a burden on an owner’s rights to his or her private real property that would otherwise exist in the absence of government action. As a result, the proposed rule does not constitute a taking or require a takings impact assessment under Government Code §2007.043.
PUBLIC COMMENTS
Comments on the proposed rule may be submitted electronically on the Department’s website at https://ga.tdlr.texas.gov:1443/form/gcerules; by facsimile to (512) 475-3032; or by mail to Shamica Mason, Legal Assistant, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711. The deadline for comments is 30 days after publication in the Texas Register.
STATUTORY AUTHORITY
The proposed rule 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 proposed rule are those set forth in Texas Occupations Code, Chapters 51 and 203. No other statutes, articles, or codes are affected by the proposed rule.
§115.80.Fees.
All fees must be made payable to the department and are nonrefundable.
(1) Midwife license initial application fee--$195 [$275]
(2) Midwife license renewal application fee--$390 [$550] for each two-year renewal period
(3) Duplicate license fee--$20
(4) Retired voluntary charity care status license initial application fee--$0
(5) Retired voluntary charity care status license renewal application fee--$0
(6) Jurisprudence examination fee--$35
(7) Basic midwifery education course initial application fee--$150
(8) Basic midwifery education course on-site evaluation fee--$500
(9) Late renewal fees for licenses issued under this chapter are provided under §60.83 of this title (relating to Late Renewal Fees).
(10) Dishonored/returned check or payment fee is the fee prescribed under §60.82 of this title (relating to Dishonored Payment Device).
(11) The fee for a criminal history evaluation letter is the fee prescribed under §60.42 of this title (relating to Criminal History Evaluation Letters).
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on October 2, 2023.
TRD-202303647
Doug Jennings
General Counsel
Texas Department of Licensing and Regulation
Earliest possible date of adoption: November 12, 2023
For further information, please call: (512) 463-7750