Texas 2015 - 84th Regular

Texas House Bill HB1473 Compare Versions

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

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1	1	84R8619 SCL-D
2	2	By: Bell H.B. No. 1473
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	and a physician assistant 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, an advanced practice registered nurse who is
19	19	licensed to practice advanced nursing in this state, or a physician
20	20	assistant licensed to practice under that license in this state, in
21	21	which it is stated that, in the physician's, nurse's, or physician
22	22	assistant's opinion, the immunization required poses a significant
23	23	risk to the health and well-being of the applicant or any member of
24	24	the applicant's family or household; or
25	25	(B) an affidavit signed by the applicant or, if a
26	26	minor, by the applicant's parent or guardian stating that the
27	27	applicant declines immunization for reasons of conscience,
28	28	including a religious belief; or
29	29	(2) is a member of the armed forces of the United
30	30	States and is on active duty.
31	31	SECTION 2. Section 51.9192(d), Education Code, is amended
32	32	to read as follows:
33	33	(d) A student to whom this section applies or a parent or
34	34	guardian of the student is not required to comply with Subsection
35	35	(c) if the student or a parent or guardian of the student submits to
36	36	the institution:
37	37	(1) an affidavit or a certificate signed by a
38	38	physician who is duly registered and licensed to practice medicine
39	39	in the United States, an advanced practice registered nurse who is
40	40	licensed to practice advanced nursing in this state, or a physician
41	41	assistant licensed to practice under that license in this state in
42	42	which it is stated that, in the physician's, nurse's, or physician
43	43	assistant's opinion, the vaccination required would be injurious to
44	44	the health and well-being of the student; or
45	45	(2) an affidavit signed by the student stating that
46	46	the student declines the vaccination for bacterial meningitis for
47	47	reasons of conscience, including a religious belief, or
48	48	confirmation that the student has completed the Internet-based
49	49	process described by Subsection (d-3) for declining the vaccination
50	50	on that basis, if applicable to the student.
51	51	SECTION 3. Section 51.933(d), Education Code, is amended to
52	52	read as follows:
53	53	(d) No form of immunization is required for a person's
54	54	admission to an institution of higher education if the person
55	55	applying for admission:
56	56	(1) submits to the admitting official:
57	57	(A) an affidavit or a certificate signed by a
58	58	physician who is duly registered and licensed to practice medicine
59	59	within the United States, an advanced practice registered nurse who
60	60	is licensed to practice advanced nursing in this state, or a
61	61	physician assistant licensed to practice under that license in this
62	62	state in which it is stated that, in the physician's, nurse's, or
63	63	physician assistant's opinion, the immunization required poses a
64	64	significant risk to the health and well-being of the applicant or
65	65	any member of the applicant's family or household; or
66	66	(B) an affidavit signed by the applicant or, if a
67	67	minor, by the applicant's parent or guardian stating that the
68	68	applicant declines immunization for reasons of conscience,
69	69	including a religious belief; or
70	70	(2) is a member of the armed forces of the United
71	71	States and is on active duty.
72	72	SECTION 4. Sections 62.109(b) and (f), Government Code, are
73	73	amended to read as follows:
74	74	(b) A person requesting an exemption under this section must
75	75	submit to the court an affidavit stating the person's name and
76	76	address and the reason for and the duration of the requested
77	77	exemption. A person requesting an exemption due to a physical or
78	78	mental impairment must attach to the affidavit a statement from a
79	79	physician, advanced practice registered nurse, or physician
80	80	assistant. The affidavit and physician's, nurse's, or physician
81	81	assistant's statement may be submitted to the court at the time the
82	82	person is summoned for jury service or at any other time.
83	83	(f) An affidavit accompanying a request for an exemption
84	84	from jury service because of a physical or mental impairment may be
85	85	presented by the affiant or by a friend or relative of the affiant.
86	86	The affidavit must state:
87	87	(1) the name and address of the physician, advanced
88	88	practice registered nurse, or physician assistant whose statement
89	89	accompanies the affidavit;
90	90	(2) whether the request is for a permanent or
91	91	temporary exemption;
92	92	(3) the period of time for which a temporary exemption
93	93	is requested; and
94	94	(4) that as a direct result of the physical or mental
95	95	impairment it is impossible or very difficult for the affiant to
96	96	serve on a jury.
97	97	SECTION 5. Section 89.001, Health and Safety Code, is
98	98	amended by amending Subdivision (1) and adding Subdivisions (1-a)
99	99	and (7-a) to read as follows:
100	100	(1) "Advanced practice registered nurse" has the
101	101	meaning assigned by Section 301.152, Occupations Code.
102	102	(1-a) "Community corrections facility" means a
103	103	facility established under Chapter 509, Government Code.
104	104	(7-a) "Physician assistant" means an individual who
105	105	holds a license issued under Chapter 204, Occupations Code.
106	106	SECTION 6. Sections 89.011(a), (b), and (d), Health and
107	107	Safety Code, are amended to read as follows:
108	108	(a) The governing body of a jail or community corrections
109	109	facility, through the community supervision and corrections
110	110	department, shall require that each employee or volunteer working
111	111	or providing services in a jail or a community corrections
112	112	facility, who meets the screening guidelines prescribed by
113	113	department [board] rule, present to the governing body a
114	114	certificate signed by a physician, an advanced practice registered
115	115	nurse, or a physician assistant that states that:
116	116	(1) the employee or volunteer has been tested for
117	117	tuberculosis infection in accordance with department [board]
118	118	rules; and
119	119	(2) the results of the test indicate that the person
120	120	does not have tuberculosis.
121	121	(b) In lieu of a screening test, an employee or volunteer
122	122	with a history of a positive screening test may provide:
123	123	(1) documentation of that positive test result and of
124	124	any diagnostic and therapeutic follow-up; and
125	125	(2) a certificate signed by a physician, an advanced
126	126	practice registered nurse, or a physician assistant that states
127	127	that the person does not have tuberculosis.
128	128	(d) An employee or volunteer is exempt from the screening
129	129	test required by this section if:
130	130	(1) the screening test conflicts with the tenets of an
131	131	organized religion to which the individual belongs; or
132	132	(2) the screening test is medically contraindicated
133	133	based on an examination by a physician, an advanced practice
134	134	registered nurse, or a physician assistant.
135	135	SECTION 7. Section 89.012(b), Health and Safety Code, is
136	136	amended to read as follows:
137	137	(b) If the employee or volunteer has tuberculosis, the
138	138	governing body may not permit the person to begin or continue the
139	139	person's employment duties or volunteer services unless the person
140	140	is under treatment for the disease by a physician, an advanced
141	141	practice registered nurse, or a physician assistant and the person
142	142	provides to the governing body a certificate signed by the
143	143	attending physician, nurse, or physician assistant stating that the
144	144	patient is noninfectious.
145	145	SECTION 8. Sections 192.003(a) and (c), Health and Safety
146	146	Code, are amended to read as follows:
147	147	(a) The physician, advanced practice registered nurse,
148	148	physician assistant, midwife, or person acting as a midwife in
149	149	attendance at a birth shall file the birth certificate with the
150	150	local registrar of the registration district in which the birth
151	151	occurs.
152	152	(c) If there is no physician, advanced practice registered
153	153	nurse, physician assistant, midwife, or person acting as a midwife
154	154	in attendance at a birth and if the birth does not occur in a
155	155	hospital or birthing center, the following in the order listed
156	156	shall report the birth to the local registrar:
157	157	(1) the father or mother of the child; or
158	158	(2) the owner or householder of the premises where the
159	159	birth occurs.
160	160	SECTION 9. Sections 193.005(a), (b), and (c), Health and
161	161	Safety Code, are amended to read as follows:
162	162	(a) A person required to file a death certificate or fetal
163	163	death certificate shall obtain the required medical certification
164	164	from an attending physician, advanced practice registered nurse, or
165	165	physician assistant if the death occurred under medical attendance
166	166	for the care and treatment of the condition or disease process that
167	167	contributed to the death.
168	168	(b) The attending physician, advanced practice registered
169	169	nurse, or physician assistant shall complete the medical
170	170	certification not later than five days after receiving the death
171	171	certificate.
172	172	(c) An associate physician, the chief medical officer of the
173	173	institution where the death occurred, or the physician who
174	174	performed an autopsy on the decedent may complete the medical
175	175	certification if:
176	176	(1) the attending physician, advanced practice
177	177	registered nurse, or physician assistant is unavailable;
178	178	(2) the attending physician, advanced practice
179	179	registered nurse, or physician assistant approves; and
180	180	(3) the person completing the medical certification
181	181	has access to the medical history of the case and the death is due to
182	182	natural causes.
183	183	SECTION 10. Section 504.201(d), Transportation Code, is
184	184	amended to read as follows:
185	185	(d) Except as provided by Subsection (d-1), the initial
186	186	application for specialty license plates under this section must be
187	187	accompanied by a written statement from a physician [who is]
188	188	licensed to practice medicine, an advanced practice registered
189	189	nurse licensed to practice advanced nursing, or a physician
190	190	assistant licensed to practice under that license in this state or
191	191	in a state adjacent to this state or who is authorized by applicable
192	192	law to practice medicine or advanced nursing or as a physician
193	193	assistant, as applicable, in a hospital or other health facility of
194	194	the Department of Veterans Affairs. If the applicant has a
195	195	mobility problem caused by a disorder of the foot, the written
196	196	statement may be issued by a person licensed to practice podiatry in
197	197	this state or a state adjacent to this state. In this subsection,
198	198	"podiatry" has the meaning assigned by Section 681.001. The
199	199	statement must certify that the person making the application or on
200	200	whose behalf the application is made is legally blind or has a
201	201	mobility problem that substantially impairs the person's ability to
202	202	ambulate. The statement must also certify whether a mobility
203	203	problem is temporary or permanent. A written statement is not
204	204	required as acceptable medical proof if:
205	205	(1) the person with a disability:
206	206	(A) has had a limb, hand, or foot amputated; or
207	207	(B) must use a wheelchair; and
208	208	(2) the applicant executes a statement attesting to
209	209	the person's disability before the county assessor-collector.
210	210	SECTION 11. Section 681.003(c), Transportation Code, is
211	211	amended to read as follows:
212	212	(c) Subject to Subsections (e) and (f), the first
213	213	application must be accompanied by a notarized written statement or
214	214	written prescription of a physician licensed to practice medicine,
215	215	an advanced practice registered nurse licensed to practice advanced
216	216	nursing, or a physician assistant licensed to practice under that
217	217	license in this state or a state adjacent to this state, or
218	218	authorized by applicable law to practice medicine or advanced
219	219	nursing or as a physician assistant, as applicable, in a hospital or
220	220	other health facility of the United States Department of Veterans
221	221	Affairs, certifying and providing evidence acceptable to the
222	222	department that the person making the application or on whose
223	223	behalf the application is made is legally blind or has a mobility
224	224	problem that substantially impairs the person's ability to
225	225	ambulate. The statement or prescription must include a
226	226	certification of whether the disability is temporary or permanent
227	227	and information acceptable to the department to determine the type
228	228	of disabled parking placard for which the applicant is
229	229	eligible. The department shall determine a person's eligibility
230	230	based on evidence provided by the applicant establishing legal
231	231	blindness or mobility impairment.
232	232	SECTION 12. Section 681.004(d), Transportation Code, is
233	233	amended to read as follows:
234	234	(d) A disabled parking placard issued to a person with a
235	235	temporary disability expires after the period set by the department
236	236	and may be renewed at the end of that period if the disability
237	237	remains as evidenced by a physician's, advanced practice registered
238	238	nurse's, or physician assistant's statement or prescription
239	239	submitted as required for a first application under Section
240	240	681.003(c).
241	241	SECTION 13. Section 14(b), Texas Local Fire Fighters
242	242	Retirement Act (Article 6243e, Vernon's Texas Civil Statutes), is
243	243	amended to read as follows:
244	244	(b) An application for disability retirement must be filed
245	245	with the board of trustees of the retirement system of which the
246	246	applicant is a member. The application must contain a sworn
247	247	statement of the member's medical condition, signed by a physician,
248	248	advanced practice registered nurse, or physician assistant
249	249	attending the member, and a sworn statement of the circumstances
250	250	under which the disability arose, signed by the member or another
251	251	person who has reason to know those circumstances. The application
252	252	also may contain other pertinent information to enable the board to
253	253	determine whether the member is eligible for disability retirement.
254	254	SECTION 14. Section 6.06(a), Chapter 183 (S.B. 598), Acts
255	255	of the 64th Legislature, Regular Session, 1975 (Article 6243e.1,
256	256	Vernon's Texas Civil Statutes), is amended to read as follows:
257	257	(a) An application for disability retirement must be
258	258	accompanied by a written statement, on a form approved by the board
259	259	of trustees, signed by a physician, advanced practice registered
260	260	nurse, or physician assistant of the member's choice. The member
261	261	shall pay any costs of or fees for obtaining the physician's,
262	262	nurse's, or physician assistant's statement and shall file the
263	263	application and statement with the fund. As soon as possible after
264	264	the application is filed, the medical board shall evaluate the
265	265	medical and other pertinent information concerning the member's
266	266	application.
267	267	SECTION 15. Section 8(f), Chapter 451 (S.B. 737), Acts of
268	268	the 72nd Legislature, Regular Session, 1991 (Article 6243n,
269	269	Vernon's Texas Civil Statutes), is amended to read as follows:
270	270	(f) A member receiving a disability retirement allowance
271	271	shall periodically file a report with the retirement board
272	272	concerning continued proof of disability. The retirement board
273	273	shall adopt rules establishing the required supporting information
274	274	to accompany the reports, the content of the reports, and deadlines
275	275	for filing the reports. The report shall include:
276	276	(1) a current statement of the member's physical or
277	277	mental condition stating the existence of continued disability,
278	278	signed by the member's attending physician, advanced practice
279	279	registered nurse, or physician assistant; and
280	280	(2) a statement of all employment activities pursued
281	281	in the preceding year.
282	282	SECTION 16. Section 7.03(a)(1), Chapter 452 (S.B. 738),
283	283	Acts of the 72nd Legislature, Regular Session, 1991 (Article
284	284	6243n-1, Vernon's Texas Civil Statutes), is amended to read as
285	285	follows:
286	286	(1) A member receiving a disability retirement benefit
287	287	is required to file a report to the board concerning continued proof
288	288	of disability one year after the date on which the board originally
289	289	awarded the member disability retirement. The report shall
290	290	include:
291	291	(A) a current statement of the member's physical
292	292	or [and/or] mental condition, signed by the member's attending
293	293	physician, advanced practice registered nurse, or physician
294	294	assistant; and
295	295	(B) a statement of all employment activities
296	296	pursued in the preceding one-year period and a copy of federal
297	297	income tax returns applicable to the one-year period.
298	298	SECTION 17. This Act takes effect immediately if it
299	299	receives a vote of two-thirds of all the members elected to each
300	300	house, as provided by Section 39, Article III, Texas Constitution.
301	301	If this Act does not receive the vote necessary for immediate
302	302	effect, this Act takes effect September 1, 2015.