(a) A physician, nurse, midwife, or other person in attendance at childbirth shall apply or cause to be applied to the child's eyes one of the following:
- (1) a 1.0% ophthalmic tetracycline solution (drops) or ointment in each eye within two hours after birth; or
- (2) a 0.5% ophthalmic erythromycin solution (drops) or ointment in each eye within two hours after birth; or
- (3) two drops of 1.0% silver nitrate solution in each eye within two hours after birth.
- (b) Failure to perform is a Class B misdemeanor under the Texas Health and Safety Code, §81.091(g).
- (c) The Texas Department of Health (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.
Source Note:The provisions of this §97.136 adopted to be effective March 16, 1994, 19 TexReg 1453; amended to be effective March 20, 2003, 28 TexReg 2335.