84R6356 EES-F
By: Klick H.B. No. 2129
A BILL TO BE ENTITLED
AN ACT
relating to the administration by certain health care professionals
of treatments, therapy, or medication ordered by an optometrist or
therapeutic optometrist.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 301.002(2), Occupations Code, is amended
to read as follows:
(2) "Professional nursing" means the performance of an
act that requires substantial specialized judgment and skill, the
proper performance of which is based on knowledge and application
of the principles of biological, physical, and social science as
acquired by a completed course in an approved school of
professional nursing. The term does not include acts of medical
diagnosis or the prescription of therapeutic or corrective
measures. Professional nursing involves:
(A) the observation, assessment, intervention,
evaluation, rehabilitation, care and counsel, or health teachings
of a person who is ill, injured, infirm, or experiencing a change in
normal health processes;
(B) the maintenance of health or prevention of
illness;
(C) the administration of a medication or
treatment as ordered by a physician, podiatrist, [or] dentist, or
therapeutic optometrist;
(D) the supervision or teaching of nursing;
(E) the administration, supervision, and
evaluation of nursing practices, policies, and procedures;
(F) the requesting, receiving, signing for, and
distribution of prescription drug samples to patients at practices
at which an advanced practice registered nurse is authorized to
sign prescription drug orders as provided by Subchapter B, Chapter
157;
(G) the performance of an act delegated by a
physician under Section 157.0512, 157.054, 157.058, or 157.059; and
(H) the development of the nursing care plan.
SECTION 2. Section 453.001(9), Occupations Code, is amended
to read as follows:
(9) "Referring practitioner" means a qualified
licensed health care professional who, within the scope of
professional licensure, may refer a person for health care
services. The term includes:
(A) a physician licensed to practice medicine by
a state board of medical examiners;
(B) a dentist licensed by a state board of dental
examiners;
(C) a chiropractor licensed by a state board of
chiropractic examiners; [and]
(D) a podiatrist licensed by a state board of
podiatric medical examiners; and
(E) an optometrist or therapeutic optometrist
licensed by a state board of optometry.
SECTION 3. Section 454.213(b), Occupations Code, is amended
to read as follows:
(b) Implementation of direct occupational therapy to a
person for a specific health care condition must be based on a
referral from:
(1) a physician licensed by a state board of medical
examiners;
(2) a dentist licensed by a state board of dental
examiners;
(3) a chiropractor licensed by a state board of
chiropractic examiners;
(4) a podiatrist licensed by a state board of
podiatric medical examiners; [or]
(5) an optometrist or therapeutic optometrist
licensed by a state board of optometry; or
(6) another qualified, licensed health care
professional who is authorized to refer for health care services
within the scope of the professional's license.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.