Sec. 203.353. PREVENTION OF OPHTHALMIA NEONATORUM. (a) Subject to Subsection (b), unless the newborn child is immediately transferred to a hospital because of an emergency, a midwife who attends the birth of the child shall comply with Section 81.091 , Health and Safety Code. (b) A midwife in attendance at childbirth who is unable to apply prophylaxis as required by Section 81.091 , Health and Safety Code, due to the objection of the parent, managing conservator, or guardian of the newborn child does not commit an offense under that section and is not subject to any criminal, civil, or administrative liability or any professional disciplinary action for failure to administer the prophylaxis. The midwife in attendance at childbirth shall ensure that the objection of the parent, managing conservator, or guardian is entered into the medical record of the child.
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