Texas 2015 - 84th Regular

Texas House Bill HB1185 Compare Versions

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

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1	1	84R5930 SCL-D
2	2	By: Bell H.B. No. 1185
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the authority of an advanced practice registered nurse
8	8	to sign or issue certain documents.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 38.001(c), Education Code, is amended to
11	11	read as follows:
12	12	(c) Immunization is not required for a person's admission to
13	13	any elementary or secondary school if the person applying for
14	14	admission:
15	15	(1) submits to the admitting official:
16	16	(A) an affidavit or a certificate signed by a
17	17	physician who is duly registered and licensed to practice medicine
18	18	in the United States or an advanced practice registered nurse who is
19	19	licensed to practice advanced nursing in the United States, in
20	20	which it is stated that, in the physician's or nurse's opinion, the
21	21	immunization required poses a significant risk to the health and
22	22	well-being of the applicant or any member of the applicant's family
23	23	or household; or
24	24	(B) an affidavit signed by the applicant or, if a
25	25	minor, by the applicant's parent or guardian stating that the
26	26	applicant declines immunization for reasons of conscience,
27	27	including a religious belief; or
28	28	(2) is a member of the armed forces of the United
29	29	States and is on active duty.
30	30	SECTION 2. Section 51.9192(d), Education Code, is amended
31	31	to read as follows:
32	32	(d) A student to whom this section applies or a parent or
33	33	guardian of the student is not required to comply with Subsection
34	34	(c) if the student or a parent or guardian of the student submits to
35	35	the institution:
36	36	(1) an affidavit or a certificate signed by a
37	37	physician who is duly registered and licensed to practice medicine
38	38	in the United States or an advanced practice registered nurse who is
39	39	licensed to practice advanced nursing in the United States in which
40	40	it is stated that, in the physician's or nurse's opinion, the
41	41	vaccination required would be injurious to the health and
42	42	well-being of the student; or
43	43	(2) an affidavit signed by the student stating that
44	44	the student declines the vaccination for bacterial meningitis for
45	45	reasons of conscience, including a religious belief, or
46	46	confirmation that the student has completed the Internet-based
47	47	process described by Subsection (d-3) for declining the vaccination
48	48	on that basis, if applicable to the student.
49	49	SECTION 3. Section 51.933(d), Education Code, is amended to
50	50	read as follows:
51	51	(d) No form of immunization is required for a person's
52	52	admission to an institution of higher education if the person
53	53	applying for admission:
54	54	(1) submits to the admitting official:
55	55	(A) an affidavit or a certificate signed by a
56	56	physician who is duly registered and licensed to practice medicine
57	57	within the United States or an advanced practice registered nurse
58	58	who is licensed to practice advanced nursing within the United
59	59	States in which it is stated that, in the physician's or nurse's
60	60	opinion, the immunization required poses a significant risk to the
61	61	health and well-being of the applicant or any member of the
62	62	applicant's family or household; or
63	63	(B) an affidavit signed by the applicant or, if a
64	64	minor, by the applicant's parent or guardian stating that the
65	65	applicant declines immunization for reasons of conscience,
66	66	including a religious belief; or
67	67	(2) is a member of the armed forces of the United
68	68	States and is on active duty.
69	69	SECTION 4. Sections 62.109(b) and (f), Government Code, are
70	70	amended to read as follows:
71	71	(b) A person requesting an exemption under this section must
72	72	submit to the court an affidavit stating the person's name and
73	73	address and the reason for and the duration of the requested
74	74	exemption. A person requesting an exemption due to a physical or
75	75	mental impairment must attach to the affidavit a statement from a
76	76	physician or advanced practice registered nurse. The affidavit and
77	77	physician's or nurse's statement may be submitted to the court at
78	78	the time the person is summoned for jury service or at any other
79	79	time.
80	80	(f) An affidavit accompanying a request for an exemption
81	81	from jury service because of a physical or mental impairment may be
82	82	presented by the affiant or by a friend or relative of the affiant.
83	83	The affidavit must state:
84	84	(1) the name and address of the physician or advanced
85	85	practice registered nurse whose statement accompanies the
86	86	affidavit;
87	87	(2) whether the request is for a permanent or
88	88	temporary exemption;
89	89	(3) the period of time for which a temporary exemption
90	90	is requested; and
91	91	(4) that as a direct result of the physical or mental
92	92	impairment it is impossible or very difficult for the affiant to
93	93	serve on a jury.
94	94	SECTION 5. Section 89.001, Health and Safety Code, is
95	95	amended by amending Subdivision (1) and adding Subdivision (1-a) to
96	96	read as follows:
97	97	(1) "Advanced practice registered nurse" has the
98	98	meaning assigned by Section 301.152, Occupations Code.
99	99	(1-a) "Community corrections facility" means a
100	100	facility established under Chapter 509, Government Code.
101	101	SECTION 6. Sections 89.011(a), (b), and (d), Health and
102	102	Safety Code, are amended to read as follows:
103	103	(a) The governing body of a jail or community corrections
104	104	facility, through the community supervision and corrections
105	105	department, shall require that each employee or volunteer working
106	106	or providing services in a jail or a community corrections
107	107	facility, who meets the screening guidelines prescribed by
108	108	department [board] rule, present to the governing body a
109	109	certificate signed by a physician or an advanced practice
110	110	registered nurse that states that:
111	111	(1) the employee or volunteer has been tested for
112	112	tuberculosis infection in accordance with department [board]
113	113	rules; and
114	114	(2) the results of the test indicate that the person
115	115	does not have tuberculosis.
116	116	(b) In lieu of a screening test, an employee or volunteer
117	117	with a history of a positive screening test may provide:
118	118	(1) documentation of that positive test result and of
119	119	any diagnostic and therapeutic follow-up; and
120	120	(2) a certificate signed by a physician or an advanced
121	121	practice registered nurse that states that the person does not have
122	122	tuberculosis.
123	123	(d) An employee or volunteer is exempt from the screening
124	124	test required by this section if:
125	125	(1) the screening test conflicts with the tenets of an
126	126	organized religion to which the individual belongs; or
127	127	(2) the screening test is medically contraindicated
128	128	based on an examination by a physician or advanced practice
129	129	registered nurse.
130	130	SECTION 7. Section 89.012(b), Health and Safety Code, is
131	131	amended to read as follows:
132	132	(b) If the employee or volunteer has tuberculosis, the
133	133	governing body may not permit the person to begin or continue the
134	134	person's employment duties or volunteer services unless the person
135	135	is under treatment for the disease by a physician or an advanced
136	136	practice registered nurse and the person provides to the governing
137	137	body a certificate signed by the attending physician or nurse
138	138	stating that the patient is noninfectious.
139	139	SECTION 8. Sections 192.003(a) and (c), Health and Safety
140	140	Code, are amended to read as follows:
141	141	(a) The physician, advanced practice registered nurse,
142	142	midwife, or person acting as a midwife in attendance at a birth
143	143	shall file the birth certificate with the local registrar of the
144	144	registration district in which the birth occurs.
145	145	(c) If there is no physician, advanced practice registered
146	146	nurse, midwife, or person acting as a midwife in attendance at a
147	147	birth and if the birth does not occur in a hospital or birthing
148	148	center, the following in the order listed shall report the birth to
149	149	the local registrar:
150	150	(1) the father or mother of the child; or
151	151	(2) the owner or householder of the premises where the
152	152	birth occurs.
153	153	SECTION 9. Sections 193.005(a), (b), and (c), Health and
154	154	Safety Code, are amended to read as follows:
155	155	(a) A person required to file a death certificate or fetal
156	156	death certificate shall obtain the required medical certification
157	157	from an attending physician or advanced practice registered nurse
158	158	if the death occurred under medical attendance for the care and
159	159	treatment of the condition or disease process that contributed to
160	160	the death.
161	161	(b) The attending physician or advanced practice registered
162	162	nurse shall complete the medical certification not later than five
163	163	days after receiving the death certificate.
164	164	(c) An associate physician, the chief medical officer of the
165	165	institution where the death occurred, or the physician who
166	166	performed an autopsy on the decedent may complete the medical
167	167	certification if:
168	168	(1) the attending physician or advanced practice
169	169	registered nurse is unavailable;
170	170	(2) the attending physician or advanced practice
171	171	registered nurse approves; and
172	172	(3) the person completing the medical certification
173	173	has access to the medical history of the case and the death is due to
174	174	natural causes.
175	175	SECTION 10. Section 504.201(d), Transportation Code, is
176	176	amended to read as follows:
177	177	(d) Except as provided by Subsection (d-1), the initial
178	178	application for specialty license plates under this section must be
179	179	accompanied by a written statement from a physician [who is]
180	180	licensed to practice medicine or an advanced practice registered
181	181	nurse licensed to practice advanced nursing in this state or in a
182	182	state adjacent to this state or who is authorized by applicable law
183	183	to practice medicine or advanced nursing, as applicable, in a
184	184	hospital or other health facility of the Department of Veterans
185	185	Affairs. If the applicant has a mobility problem caused by a
186	186	disorder of the foot, the written statement may be issued by a
187	187	person licensed to practice podiatry in this state or a state
188	188	adjacent to this state. In this subsection, "podiatry" has the
189	189	meaning assigned by Section 681.001. The statement must certify
190	190	that the person making the application or on whose behalf the
191	191	application is made is legally blind or has a mobility problem that
192	192	substantially impairs the person's ability to ambulate. The
193	193	statement must also certify whether a mobility problem is temporary
194	194	or permanent. A written statement is not required as acceptable
195	195	medical proof if:
196	196	(1) the person with a disability:
197	197	(A) has had a limb, hand, or foot amputated; or
198	198	(B) must use a wheelchair; and
199	199	(2) the applicant executes a statement attesting to
200	200	the person's disability before the county assessor-collector.
201	201	SECTION 11. Section 681.003(c), Transportation Code, is
202	202	amended to read as follows:
203	203	(c) Subject to Subsections (e) and (f), the first
204	204	application must be accompanied by a notarized written statement or
205	205	written prescription of a physician licensed to practice medicine
206	206	or an advanced practice registered nurse licensed to practice
207	207	advanced nursing in this state or a state adjacent to this state, or
208	208	authorized by applicable law to practice medicine or advanced
209	209	nursing, as applicable, in a hospital or other health facility of
210	210	the United States Department of Veterans Affairs, certifying and
211	211	providing evidence acceptable to the department that the person
212	212	making the application or on whose behalf the application is made is
213	213	legally blind or has a mobility problem that substantially impairs
214	214	the person's ability to ambulate. The statement or prescription
215	215	must include a certification of whether the disability is temporary
216	216	or permanent and information acceptable to the department to
217	217	determine the type of disabled parking placard for which the
218	218	applicant is eligible. The department shall determine a person's
219	219	eligibility based on evidence provided by the applicant
220	220	establishing legal blindness or mobility impairment.
221	221	SECTION 12. Section 681.004(d), Transportation Code, is
222	222	amended to read as follows:
223	223	(d) A disabled parking placard issued to a person with a
224	224	temporary disability expires after the period set by the department
225	225	and may be renewed at the end of that period if the disability
226	226	remains as evidenced by a physician's or advanced practice
227	227	registered nurse's statement or prescription submitted as required
228	228	for a first application under Section 681.003(c).
229	229	SECTION 13. Section 14(b), Texas Local Fire Fighters
230	230	Retirement Act (Article 6243e, Vernon's Texas Civil Statutes), is
231	231	amended to read as follows:
232	232	(b) An application for disability retirement must be filed
233	233	with the board of trustees of the retirement system of which the
234	234	applicant is a member. The application must contain a sworn
235	235	statement of the member's medical condition, signed by a physician
236	236	or advanced practice registered nurse attending the member, and a
237	237	sworn statement of the circumstances under which the disability
238	238	arose, signed by the member or another person who has reason to know
239	239	those circumstances. The application also may contain other
240	240	pertinent information to enable the board to determine whether the
241	241	member is eligible for disability retirement.
242	242	SECTION 14. Section 6.06(a), Chapter 183 (S.B. 598), Acts
243	243	of the 64th Legislature, Regular Session, 1975 (Article 6243e.1,
244	244	Vernon's Texas Civil Statutes), is amended to read as follows:
245	245	(a) An application for disability retirement must be
246	246	accompanied by a written statement, on a form approved by the board
247	247	of trustees, signed by a physician or advanced practice registered
248	248	nurse of the member's choice. The member shall pay any costs of or
249	249	fees for obtaining the physician's or nurse's statement and shall
250	250	file the application and statement with the fund. As soon as
251	251	possible after the application is filed, the medical board shall
252	252	evaluate the medical and other pertinent information concerning the
253	253	member's application.
254	254	SECTION 15. Section 8(f), Chapter 451 (S.B. 737), Acts of
255	255	the 72nd Legislature, Regular Session, 1991 (Article 6243n,
256	256	Vernon's Texas Civil Statutes), is amended to read as follows:
257	257	(f) A member receiving a disability retirement allowance
258	258	shall periodically file a report with the retirement board
259	259	concerning continued proof of disability. The retirement board
260	260	shall adopt rules establishing the required supporting information
261	261	to accompany the reports, the content of the reports, and deadlines
262	262	for filing the reports. The report shall include:
263	263	(1) a current statement of the member's physical or
264	264	mental condition stating the existence of continued disability,
265	265	signed by the member's attending physician or advanced practice
266	266	registered nurse; and
267	267	(2) a statement of all employment activities pursued
268	268	in the preceding year.
269	269	SECTION 16. Section 7.03(a)(1), Chapter 452 (S.B. 738),
270	270	Acts of the 72nd Legislature, Regular Session, 1991 (Article
271	271	6243n-1, Vernon's Texas Civil Statutes), is amended to read as
272	272	follows:
273	273	(1) A member receiving a disability retirement benefit
274	274	is required to file a report to the board concerning continued proof
275	275	of disability one year after the date on which the board originally
276	276	awarded the member disability retirement. The report shall
277	277	include:
278	278	(A) a current statement of the member's physical
279	279	or [and/or] mental condition, signed by the member's attending
280	280	physician or advanced practice registered nurse; and
281	281	(B) a statement of all employment activities
282	282	pursued in the preceding one-year period and a copy of federal
283	283	income tax returns applicable to the one-year period.
284	284	SECTION 17. This Act takes effect immediately if it
285	285	receives a vote of two-thirds of all the members elected to each
286	286	house, as provided by Section 39, Article III, Texas Constitution.
287	287	If this Act does not receive the vote necessary for immediate
288	288	effect, this Act takes effect September 1, 2015.