Texas 2017 - 85th 1st C.S.

Texas House Bill HB189 Compare Versions

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11 85S10650 BEE-D
22 By: Oliverson H.B. No. 189
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the frequency and location of certain meetings required
88 by a prescriptive authority agreement.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Sections 157.0512(e) and (f), Occupations Code,
1111 as effective September 1, 2017, are amended to read as follows:
1212 (e) A prescriptive authority agreement must, at a minimum:
1313 (1) be in writing and signed and dated by the parties
1414 to the agreement;
1515 (2) state the name, address, and all professional
1616 license numbers of the parties to the agreement;
1717 (3) state the nature of the practice, practice
1818 locations, or practice settings;
1919 (4) identify the types or categories of drugs or
2020 devices that may be prescribed or the types or categories of drugs
2121 or devices that may not be prescribed;
2222 (5) provide a general plan for addressing consultation
2323 and referral;
2424 (6) provide a plan for addressing patient emergencies;
2525 (7) state the general process for communication and
2626 the sharing of information between the physician and the advanced
2727 practice registered nurse or physician assistant to whom the
2828 physician has delegated prescriptive authority related to the care
2929 and treatment of patients;
3030 (8) if alternate physician supervision is to be
3131 utilized, designate one or more alternate physicians who may:
3232 (A) provide appropriate supervision on a
3333 temporary basis in accordance with the requirements established by
3434 the prescriptive authority agreement and the requirements of this
3535 subchapter; and
3636 (B) participate in the prescriptive authority
3737 quality assurance and improvement plan meetings required under this
3838 section; and
3939 (9) describe a prescriptive authority quality
4040 assurance and improvement plan and specify methods for documenting
4141 the implementation of the plan that include the following:
4242 (A) chart review, with the number of charts to be
4343 reviewed determined by the physician and advanced practice
4444 registered nurse or physician assistant; and
4545 (B) [if the agreement is between a physician and
4646 an advanced practice registered nurse,] periodic [face-to-face]
4747 meetings between the advanced practice registered nurse or
4848 physician assistant and the physician [at a location determined by
4949 the physician and the advanced practice registered nurse; and
5050 [(C) if the agreement is between a physician and
5151 a physician assistant, periodic meetings between the physician
5252 assistant and the physician].
5353 (f) The periodic [face-to-face] meetings described by
5454 Subsection (e)(9)(B) must:
5555 (1) include:
5656 (A) the sharing of information relating to
5757 patient treatment and care, needed changes in patient care plans,
5858 and issues relating to referrals; and
5959 (B) discussion of patient care improvement;
6060 [and]
6161 (2) be documented; and
6262 (3) take place at least once a month in a manner
6363 determined by the physician and the advanced practice registered
6464 nurse or physician assistant [occur:
6565 [(A) except as provided by Paragraph (B):
6666 [(i) at least monthly until the third
6767 anniversary of the date the agreement is executed; and
6868 [(ii) at least quarterly after the third
6969 anniversary of the date the agreement is executed, with monthly
7070 meetings held between the quarterly meetings by means of a remote
7171 electronic communications system, including videoconferencing
7272 technology or the Internet; or
7373 [(B) if during the seven years preceding the date
7474 the agreement is executed the advanced practice registered nurse
7575 for at least five years was in a practice that included the exercise
7676 of prescriptive authority with required physician supervision:
7777 [(i) at least monthly until the first
7878 anniversary of the date the agreement is executed; and
7979 [(ii) at least quarterly after the first
8080 anniversary of the date the agreement is executed, with monthly
8181 meetings held between the quarterly meetings by means of a remote
8282 electronic communications system, including videoconferencing
8383 technology or the Internet].
8484 SECTION 2. Section 157.0512(f-1), Occupations Code, as
8585 effective September 1, 2017, is repealed.
8686 SECTION 3. Section 157.0512, Occupations Code, as amended
8787 by this Act, applies only to a prescriptive authority agreement
8888 entered into on or after the effective date of this Act. An
8989 agreement entered into before the effective date of this Act is
9090 governed by the law in effect on the date the agreement was entered
9191 into, and the former law is continued in effect for that purpose.
9292 SECTION 4. This Act takes effect December 1, 2017.