1 | 1 | | 81R8864 YDB-F |
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2 | 2 | | By: Averitt S.B. No. 1148 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the administration by certain health care professionals |
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8 | 8 | | of certain treatments, therapy, or medication ordered by an |
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9 | 9 | | optometrist or therapeutic optometrist. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Section 301.002(2), Occupations Code, is amended |
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12 | 12 | | to read as follows: |
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13 | 13 | | (2) "Professional nursing" means the performance of an |
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14 | 14 | | act that requires substantial specialized judgment and skill, the |
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15 | 15 | | proper performance of which is based on knowledge and application |
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16 | 16 | | of the principles of biological, physical, and social science as |
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17 | 17 | | acquired by a completed course in an approved school of |
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18 | 18 | | professional nursing. The term does not include acts of medical |
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19 | 19 | | diagnosis or the prescription of therapeutic or corrective |
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20 | 20 | | measures. Professional nursing involves: |
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21 | 21 | | (A) the observation, assessment, intervention, |
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22 | 22 | | evaluation, rehabilitation, care and counsel, or health teachings |
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23 | 23 | | of a person who is ill, injured, infirm, or experiencing a change in |
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24 | 24 | | normal health processes; |
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25 | 25 | | (B) the maintenance of health or prevention of |
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26 | 26 | | illness; |
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27 | 27 | | (C) the administration of a medication or |
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28 | 28 | | treatment as ordered by a physician, podiatrist, [or] dentist, or |
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29 | 29 | | therapeutic optometrist; |
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30 | 30 | | (D) the supervision or teaching of nursing; |
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31 | 31 | | (E) the administration, supervision, and |
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32 | 32 | | evaluation of nursing practices, policies, and procedures; |
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33 | 33 | | (F) the requesting, receiving, signing for, and |
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34 | 34 | | distribution of prescription drug samples to patients at sites in |
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35 | 35 | | which a registered nurse is authorized to sign prescription drug |
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36 | 36 | | orders as provided by Subchapter B, Chapter 157; |
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37 | 37 | | (G) the performance of an act delegated by a |
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38 | 38 | | physician under Section 157.052, 157.053, 157.054, 157.0541, |
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39 | 39 | | 157.0542, 157.058, or 157.059; and |
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40 | 40 | | (H) the development of the nursing care plan. |
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41 | 41 | | SECTION 2. Section 454.213(b), Occupations Code, is amended |
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42 | 42 | | to read as follows: |
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43 | 43 | | (b) Implementation of direct occupational therapy to a |
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44 | 44 | | person for a specific health care condition must be based on a |
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45 | 45 | | referral from: |
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46 | 46 | | (1) a physician licensed by a state board of medical |
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47 | 47 | | examiners; |
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48 | 48 | | (2) a dentist licensed by a state board of dental |
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49 | 49 | | examiners; |
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50 | 50 | | (3) a chiropractor licensed by a state board of |
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51 | 51 | | chiropractic examiners; |
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52 | 52 | | (4) a podiatrist licensed by a state board of |
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53 | 53 | | podiatric medical examiners; [or] |
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54 | 54 | | (5) an optometrist or therapeutic optometrist |
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55 | 55 | | licensed by a state optometry board; or |
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56 | 56 | | (6) another qualified, licensed health care |
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57 | 57 | | professional who is authorized to refer for health care services |
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58 | 58 | | within the scope of the professional's license. |
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59 | 59 | | SECTION 3. This Act takes effect immediately if it receives |
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60 | 60 | | a vote of two-thirds of all the members elected to each house, as |
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61 | 61 | | provided by Section 39, Article III, Texas Constitution. If this |
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62 | 62 | | Act does not receive the vote necessary for immediate effect, this |
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63 | 63 | | Act takes effect September 1, 2009. |
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