Refusing Erythromycin eye ointment in Texas? - Page 2

[almadianna]

I had my babies in 2006 and 2008 and didnt have issues with it. They will always make it seem like it is a law or that if you dont do it you will get in trouble or they will get in trouble.

[mama2peyton]

hi

Edited by mama2peyton - 11/10/10 at 10:06am

[octanebeetle27]

I had my baby 6 weeks ago and refused it--nurse gave me no problems whatsoever.

[Shy0717]

I just gave birth (my hb turned into a hosp transfer) and we refused everything with no problem. Didn't even have to sign anything.

[fawnsula]

Did you figure it out? It is a statutory requirement that a nurse or midwife attending a delivery apply this ointment. Failure to do so is a class B misdemeanor on the part of the practitioner. A waiver or refusal of care submitted by the parent does not relieve the practitioner form liability. I'm not sure how to get around this law, either.

[wonderfullymade]

ditto above.. you can refuse any treatment. If you want to refuse it before hand, make up and sign something similar to this so that they can't 'oops, we forgot you refused' on you.

[Texasnurse]

In the State of Texas, there is no option to "opt out" of the erythromycin eye ointment for newborns.  It is a reportable offense to CPS if the parents refuse, as well as a criminal offense for the hospital & staff for not complying with the law.  "The Texas Health & Safety Code section 81.091 (g) requires every physician, midwife, nurse or other person in attendance at childbirth to use prophylaxis to prevent ophthalmia neonatorum. “Failure to comply with this provision is a Class B misdemeanor” (fine not to exceed $2000 and/or incarceration for not more than 180 days)."

[alegna]

Originally Posted by Texasnurse 

In the State of Texas, there is no option to "opt out" of the erythromycin eye ointment for newborns.  It is a reportable offense to CPS if the parents refuse, as well as a criminal offense for the hospital & staff for not complying with the law.  "The Texas Health & Safety Code section 81.091 (g) requires every physician, midwife, nurse or other person in attendance at childbirth to use prophylaxis to prevent ophthalmia neonatorum. “Failure to comply with this provision is a Class B misdemeanor” (fine not to exceed $2000 and/or incarceration for not more than 180 days)."

They have to offer by law.  A parent can decline.  As mentioned repeatedly in this thread parents in Texas decline every day without problem.

-Angela

[wonderfullymade]

Originally Posted by alegna 

They have to offer by law.  A parent can decline.  As mentioned repeatedly in this thread parents in Texas decline every day without problem.

-Angela

Yep, it's a misdemeanor for the hospital/staff... not me as a parent. AND, they can call CPS all they want, they can't force ANY procedure on my child or me, that's my FEDERAL right. :D
 

[MamaBearCare]

The ointment IS state mandated but there are ways around it.  If you have it in your birth plan and insist that daddy give it (without medical staff hovering) he can "administer" the ointment as he wishes.

[WifeofAnt]

I just wrote it in my birth plan that I did not want it and they didn't do it (Scott & White in Temple).  Somehow in the last 7-8 months I forgot that was even in the Texas law books!

[snugglebutter]

Originally Posted by KelliH 

I just delivered DD at Baylor Downtown Dallas in February and was told by my midwife it was a law that had been ammended in 2008 and it seemed more like if you refuse the healthcare workers will get in a whole heap of trouble. She made it seem like something serious had happened recently which caused them to be a lot more strict about it.

This exact thing happened to me (when at my previous births there were no issues refusing) and I got the feeling it was more of a Baylor policy issue, but I am not certain. Quite upsetting to find out moments after birth, though I think the nurse felt for us because she only put the tiniest amount in his eyes.

[peaceloveboobs]

I had my baby here in N. Texas in October. I refused all vaxes and eye ointment. I just signed a waiver. I was at a birth center though so that may be different

[smeep]

Originally Posted by peaceloveboobs 

I had my baby here in N. Texas in October. I refused all vaxes and eye ointment. I just signed a waiver. I was at a birth center though so that may be different

This. My mw just had me sign a waiver. I don't think she even had me sign a waiver last time but that was 5 years ago, it's possible the CNM-gods-that-be have become more strict about CNMs having proper documentation, I dunno.

Though, honestly, were I in a hospital and they told me I couldn't decline I would continue to say I do not consent and tell them that if they do something I do not give legal consent to, I will be calling my lawyer (they don't have to know I don't have a lawyer. lol)

[kirstenkb]

Can you girls that have copy/pasted the law share a link? I'd love to see this for myself and read it in it's entirety. Thank you!! :)

Kirsten

SAHM and Doula/CBE In Training

Jaron, 3.5

Hannah, 20 months

Expecting #3 in March 2012

[BeanyMama]

It's not mandatory! I've had a hospital, a birth-center, and a homebirth in Texas (the latest last March) and declined the drops with no more hassle than signing a paper each time. You can decline, you have the power!

[wonderfullymade]

The only place I have ever had a 'problem' with refusing the eye erythro was St. Lukes Metro. The nurse kinda wigged out on the mama I was working with (threatened to report to CPS, how they could get 'in trouble', how the hospital could get fined, etc...). I reminded dad of the waiver, so dad finally said, "look, we have the waiver right here and we already signed it, take it up with our lawyer.' And the nurse just kinda giggled, blushed, took the waiver and said, 'well, that's not necessary, you should have SAID you had this all ready.' ... so, push comes to shove, its not ILLEGAL, but it might be mandatory (as in, the state commands it, but can't make their command legal). Make sense? In other words, the state (and hospitals) don't have a leg to stand on when it comes to parental rights.

[Harmony96]

Subbing.

[rockportmidwife]

Yes, it is state law.  Most midwives just let the parents opt out without hassle.  Hospitals are another story.  Some are ok with it and some are not.  As healthcare providers, we can be charged with a misdemeanor for not doing it.  Although doing it against your wishes means that you can file assault charges against us.  So most would rather have the misdemeanor charges.  Some hospitals will call CPS though if you refuse.  CPS will just throw it out though.  They have more important things to worry about.

[Harmony96]

If a provider were to be charged with a misdemeanor, who would be doing the charging?