82R8876 JAM-F
By: Harris S.B. No. 1360
A BILL TO BE ENTITLED
AN ACT
relating to the treatment of tick-borne diseases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 164, Occupations Code, is
amended by adding Section 164.0511 to read as follows:
Sec. 164.0511. TREATMENT OF TICK-BORNE DISEASE;
DISCIPLINARY ACTION PROHIBITED. (a) The board may not investigate
or discipline a physician based solely on the physician's treatment
of a patient's tick-borne disease if the physician has:
(1) personally performed, in good faith, a medical
examination of the patient;
(2) informed the patient in writing of the patient's
treatment options and the known risks of each option; and
(3) obtained informed written consent for the
treatment option chosen by the patient.
(b) This section may not be construed as prohibiting the
board from:
(1) investigating a complaint concerning a physician's
compliance with Subsection (a) in the treatment of a patient's
tick-borne disease; or
(2) disciplining a physician who:
(A) prescribes, administers, or dispenses a
treatment therapy that is not supported by a school of medicine or
thought;
(B) fails to monitor the ongoing care of a
patient receiving a treatment; or
(C) fails to keep complete and accurate records
of the diagnosis and treatment of a patient receiving a treatment.
SECTION 2. Subchapter J, Chapter 301, Occupations Code, is
amended by adding Section 301.4522 to read as follows:
Sec. 301.4522. TREATMENT OF TICK-BORNE DISEASE;
DISCIPLINARY ACTION PROHIBITED. (a) The board may not investigate
or discipline a nurse based solely on the nurse's treatment of a
patient's tick-borne disease if the nurse has:
(1) personally performed, in good faith, a medical
examination of the patient;
(2) informed the patient in writing of the patient's
treatment options and the known risks of each option; and
(3) obtained informed written consent for the
treatment option chosen by the patient.
(b) This section may not be construed as prohibiting the
board from:
(1) investigating a complaint concerning a nurse's
compliance with Subsection (a) in the treatment of a patient's
tick-borne disease; or
(2) disciplining a nurse who:
(A) prescribes, administers, or dispenses a
treatment therapy that is not supported by a school of medicine or
thought;
(B) fails to monitor the ongoing care of a
patient receiving a treatment; or
(C) fails to keep complete and accurate records
of the diagnosis and treatment of a patient receiving a treatment.
SECTION 3. Sections 164.0511 and 301.4522, Occupations
Code, as added by this Act, apply only to the investigation of a
complaint or a disciplinary action based on a complaint filed on or
after the effective date of this Act. The investigation of a
complaint or a disciplinary action based on a complaint filed
before that date is governed by the law in effect on the date the
complaint was filed, and that law is continued in effect for that
purpose.
SECTION 4. This Act takes effect September 1, 2011.