Texas 2019 - 86th Regular

Texas House Bill HB278 Compare Versions

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1-H.B. No. 278
1+By: Oliverson, et al. (Senate Sponsor - Perry) H.B. No. 278
2+ (In the Senate - Received from the House April 15, 2019;
3+ April 16, 2019, read first time and referred to Committee on Health &
4+ Human Services; April 24, 2019, reported favorably by the
5+ following vote: Yeas 9, Nays 0; April 24, 2019, sent to printer.)
6+Click here to see the committee vote
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38
9+ A BILL TO BE ENTITLED
410 AN ACT
511 relating to the frequency and location of certain meetings required
612 by a prescriptive authority agreement.
713 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
814 SECTION 1. Sections 157.0512(e) and (f), Occupations Code,
915 are amended to read as follows:
1016 (e) A prescriptive authority agreement must, at a minimum:
1117 (1) be in writing and signed and dated by the parties
1218 to the agreement;
1319 (2) state the name, address, and all professional
1420 license numbers of the parties to the agreement;
1521 (3) state the nature of the practice, practice
1622 locations, or practice settings;
1723 (4) identify the types or categories of drugs or
1824 devices that may be prescribed or the types or categories of drugs
1925 or devices that may not be prescribed;
2026 (5) provide a general plan for addressing consultation
2127 and referral;
2228 (6) provide a plan for addressing patient emergencies;
2329 (7) state the general process for communication and
2430 the sharing of information between the physician and the advanced
2531 practice registered nurse or physician assistant to whom the
2632 physician has delegated prescriptive authority related to the care
2733 and treatment of patients;
2834 (8) if alternate physician supervision is to be
2935 utilized, designate one or more alternate physicians who may:
3036 (A) provide appropriate supervision on a
3137 temporary basis in accordance with the requirements established by
3238 the prescriptive authority agreement and the requirements of this
3339 subchapter; and
3440 (B) participate in the prescriptive authority
3541 quality assurance and improvement plan meetings required under this
3642 section; and
3743 (9) describe a prescriptive authority quality
3844 assurance and improvement plan and specify methods for documenting
3945 the implementation of the plan that include the following:
4046 (A) chart review, with the number of charts to be
4147 reviewed determined by the physician and advanced practice
4248 registered nurse or physician assistant; and
4349 (B) [if the agreement is between a physician and
4450 an advanced practice registered nurse,] periodic [face-to-face]
4551 meetings between the advanced practice registered nurse or
4652 physician assistant and the physician [at a location determined by
4753 the physician and the advanced practice registered nurse; and
4854 [(C) if the agreement is between a physician and
4955 a physician assistant, periodic meetings between the physician
5056 assistant and the physician].
5157 (f) The periodic [face-to-face] meetings described by
5258 Subsection (e)(9)(B) must:
5359 (1) include:
5460 (A) the sharing of information relating to
5561 patient treatment and care, needed changes in patient care plans,
5662 and issues relating to referrals; and
5763 (B) discussion of patient care improvement;
5864 [and]
5965 (2) be documented; and
6066 (3) take place at least once a month in a manner
6167 determined by the physician and the advanced practice registered
6268 nurse or physician assistant [occur:
6369 [(A) except as provided by Paragraph (B):
6470 [(i) at least monthly until the third
6571 anniversary of the date the agreement is executed; and
6672 [(ii) at least quarterly after the third
6773 anniversary of the date the agreement is executed, with monthly
6874 meetings held between the quarterly meetings by means of a remote
6975 electronic communications system, including videoconferencing
7076 technology or the Internet; or
7177 [(B) if during the seven years preceding the date
7278 the agreement is executed the advanced practice registered nurse
7379 for at least five years was in a practice that included the exercise
7480 of prescriptive authority with required physician supervision:
7581 [(i) at least monthly until the first
7682 anniversary of the date the agreement is executed; and
7783 [(ii) at least quarterly after the first
7884 anniversary of the date the agreement is executed, with monthly
7985 meetings held between the quarterly meetings by means of a remote
8086 electronic communications system, including videoconferencing
8187 technology or the Internet].
8288 SECTION 2. Section 157.0512(f-1), Occupations Code, is
8389 repealed.
8490 SECTION 3. Section 157.0512, Occupations Code, as amended
8591 by this Act, applies only to a prescriptive authority agreement
8692 entered into on or after the effective date of this Act. An
8793 agreement entered into before the effective date of this Act is
8894 governed by the law in effect on the date the agreement was entered
8995 into, and the former law is continued in effect for that purpose.
9096 SECTION 4. This Act takes effect September 1, 2019.
91- ______________________________ ______________________________
92- President of the Senate Speaker of the House
93- I certify that H.B. No. 278 was passed by the House on April
94- 12, 2019, by the following vote: Yeas 143, Nays 0, 2 present, not
95- voting.
96- ______________________________
97- Chief Clerk of the House
98- I certify that H.B. No. 278 was passed by the Senate on May 3,
99- 2019, by the following vote: Yeas 31, Nays 0.
100- ______________________________
101- Secretary of the Senate
102- APPROVED: _____________________
103- Date
104- _____________________
105- Governor
97+ * * * * *