1. (a) A physician, nurse, midwife, or other person in attendance at childbirth shall apply, or cause to be applied, to the child's eyes a 0.5% ophthalmic erythromycin ointment in each eye within two hours after birth. If this ointment is not available due to a disruption in distribution or manufacturing, a physician, nurse, midwife, or other person subject to this section shall apply or cause to be applied to the child's eyes an alternative treatment included in guidance issued by the Department of State Health Services (department) or the Centers for Disease Control and Prevention.
2. (b) Failure to perform is a Class B misdemeanor under the Texas Health and Safety Code, §81.091(g).
3. (c) The 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.
4. (d) Midwives shall follow the additional requirements in Texas Health and Safety Code, §81.091.

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; amended to be effective December 4, 2008, 33 TexReg 9693; amended to be effective March 28, 2010, 35 TexReg 2311.