Texas 2009 - 81st Regular

Texas House Bill HB3273 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R10732 YDB-F
2	2	By: Howard of Travis H.B. No. 3273
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the administration by certain nurses of treatments or
8	8	medication ordered by a health care practitioner.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 301.002(2), Occupations Code, is amended
11	11	to read as follows:
12	12	(2) "Professional nursing" means the performance of an
13	13	act that requires substantial specialized judgment and skill, the
14	14	proper performance of which is based on knowledge and application
15	15	of the principles of biological, physical, and social science as
16	16	acquired by a completed course in an approved school of
17	17	professional nursing. The term does not include acts of medical
18	18	diagnosis or the prescription of therapeutic or corrective
19	19	measures. Professional nursing involves:
20	20	(A) the observation, assessment, intervention,
21	21	evaluation, rehabilitation, care and counsel, or health teachings
22	22	of a person who is ill, injured, infirm, or experiencing a change in
23	23	normal health processes;
24	24	(B) the maintenance of health or prevention of
25	25	illness;
26	26	(C) the administration of a medication or
27	27	treatment as ordered by a health care practitioner legally
28	28	authorized to order the medication or treatment [physician,
29	29	podiatrist, or dentist];
30	30	(D) the supervision or teaching of nursing;
31	31	(E) the administration, supervision, and
32	32	evaluation of nursing practices, policies, and procedures;
33	33	(F) the requesting, receiving, signing for, and
34	34	distribution of prescription drug samples to patients at sites in
35	35	which a registered nurse is authorized to sign prescription drug
36	36	orders as provided by Subchapter B, Chapter 157;
37	37	(G) the performance of an act delegated by a
38	38	physician under Section 157.052, 157.053, 157.054, 157.0541,
39	39	157.0542, 157.058, or 157.059; and
40	40	(H) the development of the nursing care plan.
41	41	SECTION 2. Section 454.213(b), Occupations Code, is amended
42	42	to read as follows:
43	43	(b) Implementation of direct occupational therapy to a
44	44	person for a specific health care condition must be based on a
45	45	referral from a[:
46	46	[(1) a physician licensed by a state board of medical
47	47	examiners;
48	48	[(2) a dentist licensed by a state board of dental
49	49	examiners;
50	50	[(3) a chiropractor licensed by a state board of
51	51	chiropractic examiners;
52	52	[(4) a podiatrist licensed by a state board of
53	53	podiatric medical examiners; or
54	54	[(5) another qualified, licensed] health care
55	55	practitioner [professional] who is legally authorized to refer for
56	56	health care services within the scope of the practitioner's
57	57	[professional's] license.
58	58	SECTION 3. This Act takes effect immediately if it receives
59	59	a vote of two-thirds of all the members elected to each house, as
60	60	provided by Section 39, Article III, Texas Constitution. If this
61	61	Act does not receive the vote necessary for immediate effect, this
62	62	Act takes effect September 1, 2009.