(a) The department may appoint a monitor for a birthing center to ensure compliance with this chapter when the center's failure to comply with this chapter creates a serious threat to the health and safety of the public.
(b) The birthing center shall be liable for the cost of the monitor.
(c) The birthing center may propose up to three persons to act as a monitor. The department shall approve the monitor. The monitor shall be an individual or team of individuals, and must include a professional with birthing center experience. The monitor may not be or include individuals who are current or former employees of the birthing center or an affiliated facility. The purpose of the monitor is to observe, supervise, consult, and educate the birthing center employees, and report back to the department according to the terms of the agreed order.
(d) A professional with birthing center experience shall:
  (1) have a minimum of three years clinical experience providing care to pregnant women and newborns;
  (2) be a certified nurse-midwife, licensed midwife, or physician with obstetrical experience; and
  (3) be currently licensed or certified in the State of Texas.

Source Note: The provisions of this §137.26 adopted to be effective December 2, 2007, 32 TexReg 8507