Refusing Erythromycin eye ointment in Texas? - Page 2 - Mothering Forums

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Old 06-29-2011, 02:55 PM
 
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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!


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Old 06-29-2011, 08:27 PM
 
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Quote:
Originally Posted by KelliH View Post

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.

 

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Old 07-07-2011, 09:50 PM
 
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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

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Old 07-17-2011, 07:42 PM
 
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Quote:
Originally Posted by peaceloveboobs View Post

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)


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Old 07-19-2011, 01:31 PM
 
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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!! :)

 

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Old 07-25-2011, 10:30 AM
 
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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! orngbiggrin.gif


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Old 08-03-2011, 08:24 AM
 
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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.


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Old 10-11-2012, 03:48 PM
 
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Old 10-17-2012, 09:35 PM
 
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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.


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Old 10-18-2012, 07:11 AM
 
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If a provider were to be charged with a misdemeanor, who would be doing the charging?

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Old 10-18-2012, 08:32 PM
 
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Honestly, probably another health care provider who didn't agree with the decision not to.


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Old 10-22-2012, 08:14 PM
 
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I really appreciate this thread, as it helped me prepare for my recent hospital delivery - thank you to all of you who have contributed to it. 

 

I find it quite disturbing that it is Texas law that a medical provider can be charged with a misdemeanor 

offense if they do not administer a drug. My impression is that many of the nurses who are responsible for administering the eye drops do not realize this is the case, but that if they did they may find it disturbing as well.

 

I am thinking about approaching a state legislator about sponsoring a bill in the upcoming session to change this, as I feel strongly that it is of no help to any of the interested parties to pit the personal interest of medical professionals against the health care decisions of their patients.   

 

Would any of you be interested in helping to create this change?

 

 

P.S. The hospital where I delivered did what many of you have reported: they did not push for us to give our baby the erythromycin, but did say that they would have to report us to CPS and that a social worker would visit us to discuss it. The social worker never came by, and there was no further discussion.

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Old 10-23-2012, 02:11 PM
 
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We had a situation here in Houston a few months back where CPS was called in. The parents were told that if CPS did not witness the administering of the ointment, they would take the baby.


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Old 10-23-2012, 08:41 PM
 
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I asked my midwife at my appointment yesterday about this and she said that her clients can just sign a form saying they don't want it.  If she tried to do it against our wishes it would be assult.
 


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Old 10-24-2012, 02:26 PM
 
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That is correct.  That is what most of us midwives do.
 


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Old 11-27-2012, 08:34 AM
 
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Posting this for inspiration that change can happen.

http://evidencebasedbirth.com/doula-changes-a-law-about-mandatory-erythromycin-ointment/

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Old 11-30-2012, 11:30 AM
 
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Really, Mama Bear Care? I just find that so amazing. We all know that CPS has much bigger issues to investigate.

 

Harmony96, thank you for that! Interested in working on it with me?

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