Relating to the health care providers authorized to examine a person to determine whether the person is incapacitated for purposes of certain guardianship proceedings.
Impact
The enactment of HB 3009 is expected to have significant implications for state law regarding guardianship. By permitting APRNs to conduct incapacity evaluations, the bill broadens the pool of professionals available to assess whether an individual requires a guardian. This change particularly benefits individuals in rural or underserved areas, where access to physicians may be limited, ensuring that more families can obtain timely assessments and make informed decisions regarding guardianship. Furthermore, the bill emphasizes that it does not alter current scope-of-practice laws for health care providers.
Summary
House Bill 3009, introduced by Representative Gary Van Dever, addresses the role of health care providers in guardianship proceedings for incapacitated individuals. The bill expands the categories of authorized professionals who can conduct evaluations of potential wards to include advanced practice registered nurses (APRNs), provided that these evaluations are performed under the supervision of a physician. This change aims to improve access to necessary evaluations in areas of Texas suffering from medical deserts, thereby expediting the decision-making process for families confronting potential commitment issues related to guardianship.
Sentiment
The sentiment surrounding HB 3009 appears to be largely positive among supporters. Proponents, including the bill's sponsor, highlighted the importance of this legislative change in providing timely access to evaluations for vulnerable individuals. Testimonies from advocacy groups and professionals indicate a recognition of the need for such measures, especially in medically underserved regions. Conversely, there are concerns regarding the quality of evaluations provided by APRNs without a physician's direct involvement, though such issues were not prominently raised during legislative discussions.
Contention
While HB 3009 has generally received support, there are notable concerns regarding the adequacy of training and supervision provided to APRNs in conducting these evaluations. This raises questions about the potential variability in the quality of assessments made by different providers. Critics argue that guardianship proceedings are serious matters and must involve thorough professional involvement to safeguard the rights of the incapacitated individuals effectively. Nonetheless, proponents assert that trained APRNs, when supervised properly, can fulfill this role competently, thus balancing access to services with the need for professional oversight.
Texas Constitutional Statutes Affected
Estates Code
Chapter 1101. General Procedure To Appoint Guardian
Section: New Section
Section: 100
Section: 1011
Section: 100
Section: 1011
Section: New Section
Section: 100
Section: 1011
Section: New Section
Section: 100
Section: 1011
Section: New Section
Chapter 1202. Modification Or Termination Of Guardianship
Section: New Section
Section: New Section
Section: New Section
Section: New Section
Chapter 1102. Court-initiated Procedure To Appoint Guardian
Section: New Section
Section: New Section
Section: New Section
Part 1.general Provisions
Section: New Section
Occupations Code
Chapter 157. Authority Of Physician To Delegate Certain Medical Acts
Relating to the health care providers authorized to examine a person to determine whether the person is incapacitated for purposes of certain guardianship proceedings.
Relating to the health care providers authorized to examine a person to determine whether the person is incapacitated for purposes of certain guardianship proceedings.
Relating to a study of the practice of advanced practice registered nurses and the authority of those nurses to prescribe and order prescription drugs.