4 | 10 | | AN ACT |
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5 | 11 | | relating to the frequency and location of certain meetings required |
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6 | 12 | | by a prescriptive authority agreement. |
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7 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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8 | 14 | | SECTION 1. Sections 157.0512(e) and (f), Occupations Code, |
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9 | 15 | | are amended to read as follows: |
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10 | 16 | | (e) A prescriptive authority agreement must, at a minimum: |
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11 | 17 | | (1) be in writing and signed and dated by the parties |
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12 | 18 | | to the agreement; |
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13 | 19 | | (2) state the name, address, and all professional |
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14 | 20 | | license numbers of the parties to the agreement; |
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15 | 21 | | (3) state the nature of the practice, practice |
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16 | 22 | | locations, or practice settings; |
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17 | 23 | | (4) identify the types or categories of drugs or |
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18 | 24 | | devices that may be prescribed or the types or categories of drugs |
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19 | 25 | | or devices that may not be prescribed; |
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20 | 26 | | (5) provide a general plan for addressing consultation |
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21 | 27 | | and referral; |
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22 | 28 | | (6) provide a plan for addressing patient emergencies; |
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23 | 29 | | (7) state the general process for communication and |
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24 | 30 | | the sharing of information between the physician and the advanced |
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25 | 31 | | practice registered nurse or physician assistant to whom the |
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26 | 32 | | physician has delegated prescriptive authority related to the care |
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27 | 33 | | and treatment of patients; |
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28 | 34 | | (8) if alternate physician supervision is to be |
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29 | 35 | | utilized, designate one or more alternate physicians who may: |
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30 | 36 | | (A) provide appropriate supervision on a |
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31 | 37 | | temporary basis in accordance with the requirements established by |
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32 | 38 | | the prescriptive authority agreement and the requirements of this |
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33 | 39 | | subchapter; and |
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34 | 40 | | (B) participate in the prescriptive authority |
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35 | 41 | | quality assurance and improvement plan meetings required under this |
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36 | 42 | | section; and |
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37 | 43 | | (9) describe a prescriptive authority quality |
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38 | 44 | | assurance and improvement plan and specify methods for documenting |
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39 | 45 | | the implementation of the plan that include the following: |
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40 | 46 | | (A) chart review, with the number of charts to be |
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41 | 47 | | reviewed determined by the physician and advanced practice |
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42 | 48 | | registered nurse or physician assistant; and |
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43 | 49 | | (B) [if the agreement is between a physician and |
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44 | 50 | | an advanced practice registered nurse,] periodic [face-to-face] |
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45 | 51 | | meetings between the advanced practice registered nurse or |
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46 | 52 | | physician assistant and the physician [at a location determined by |
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47 | 53 | | the physician and the advanced practice registered nurse; and |
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48 | 54 | | [(C) if the agreement is between a physician and |
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49 | 55 | | a physician assistant, periodic meetings between the physician |
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50 | 56 | | assistant and the physician]. |
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51 | 57 | | (f) The periodic [face-to-face] meetings described by |
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52 | 58 | | Subsection (e)(9)(B) must: |
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53 | 59 | | (1) include: |
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54 | 60 | | (A) the sharing of information relating to |
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55 | 61 | | patient treatment and care, needed changes in patient care plans, |
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56 | 62 | | and issues relating to referrals; and |
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57 | 63 | | (B) discussion of patient care improvement; |
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58 | 64 | | [and] |
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59 | 65 | | (2) be documented; and |
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60 | 66 | | (3) take place at least once a month in a manner |
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61 | 67 | | determined by the physician and the advanced practice registered |
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62 | 68 | | nurse or physician assistant [occur: |
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63 | 69 | | [(A) except as provided by Paragraph (B): |
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64 | 70 | | [(i) at least monthly until the third |
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65 | 71 | | anniversary of the date the agreement is executed; and |
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66 | 72 | | [(ii) at least quarterly after the third |
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67 | 73 | | anniversary of the date the agreement is executed, with monthly |
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68 | 74 | | meetings held between the quarterly meetings by means of a remote |
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69 | 75 | | electronic communications system, including videoconferencing |
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70 | 76 | | technology or the Internet; or |
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71 | 77 | | [(B) if during the seven years preceding the date |
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72 | 78 | | the agreement is executed the advanced practice registered nurse |
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73 | 79 | | for at least five years was in a practice that included the exercise |
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74 | 80 | | of prescriptive authority with required physician supervision: |
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75 | 81 | | [(i) at least monthly until the first |
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76 | 82 | | anniversary of the date the agreement is executed; and |
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77 | 83 | | [(ii) at least quarterly after the first |
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78 | 84 | | anniversary of the date the agreement is executed, with monthly |
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79 | 85 | | meetings held between the quarterly meetings by means of a remote |
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80 | 86 | | electronic communications system, including videoconferencing |
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81 | 87 | | technology or the Internet]. |
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82 | 88 | | SECTION 2. Section 157.0512(f-1), Occupations Code, is |
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83 | 89 | | repealed. |
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84 | 90 | | SECTION 3. Section 157.0512, Occupations Code, as amended |
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85 | 91 | | by this Act, applies only to a prescriptive authority agreement |
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86 | 92 | | entered into on or after the effective date of this Act. An |
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87 | 93 | | agreement entered into before the effective date of this Act is |
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88 | 94 | | governed by the law in effect on the date the agreement was entered |
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89 | 95 | | into, and the former law is continued in effect for that purpose. |
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90 | 96 | | SECTION 4. This Act takes effect September 1, 2019. |
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