Texas 2025 - 89th Regular

Texas Senate Bill SB2669 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R12406 AND-F
2	2	By: Hinojosa of Hidalgo S.B. No. 2669
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the authority of a podiatrist to delegate certain
10	10	podiatric medical acts to an advanced practice registered nurse.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 202, Occupations Code, is amended by
13	13	adding Subchapter H-1 to read as follows:
14	14	SUBCHAPTER H-1. DELEGATION OF CERTAIN PODIATRIC MEDICAL ACTS
15	15	Sec. 202.371. DEFINITIONS. In this subchapter:
16	16	(1) "Advanced practice registered nurse" has the
17	17	meaning assigned by Section 301.152.
18	18	(2) "Minor procedure" means a procedure typically
19	19	performed in an office setting and not requiring the use of
20	20	medication or treatment other than local anesthesia.
21	21	(3) "Nursing board" means the Texas Board of Nursing.
22	22	(4) "Prescriptive authority agreement" means an
23	23	agreement entered into by a podiatrist and an advanced practice
24	24	registered nurse through which the podiatrist delegates to the
25	25	advanced practice registered nurse the act of prescribing or
26	26	ordering a drug or device.
27	27	Sec. 202.372. DELEGATION OF CERTAIN PODIATRIC MEDICAL ACTS.
28	28	(a) A supervising podiatrist may delegate to a qualified and
29	29	properly trained podiatric medical assistant or advanced practice
30	30	registered nurse any podiatric medical act that a reasonable and
31	31	prudent podiatrist would find within the scope of sound medical
32	32	judgment to delegate if:
33	33	(1) in the opinion of the delegating podiatrist, the
34	34	act:
35	35	(A) can be properly and safely performed by the
36	36	podiatric medical assistant or advanced practice registered nurse
37	37	to whom the act is delegated; and
38	38	(B) is performed in a customary manner and not in
39	39	violation of any other statute; and
40	40	(2) the podiatric medical assistant or advanced
41	41	practice registered nurse to whom the act is delegated does not
42	42	represent to the public that the person is authorized to practice
43	43	podiatry.
44	44	(b) A delegating podiatrist is responsible for a podiatric
45	45	medical act performed by the podiatric medical assistant or
46	46	advanced practice registered nurse to whom the podiatrist delegates
47	47	the act.
48	48	(c) The department may determine whether:
49	49	(1) an act constitutes the practice of podiatric
50	50	medicine; and
51	51	(2) a podiatric medical act may be properly or safely
52	52	delegated by podiatrists.
53	53	Sec. 202.373. DELEGATIONS TO ADVANCED PRACTICE REGISTERED
54	54	NURSE. (a) A podiatrist may delegate to an advanced practice
55	55	registered nurse the performance of any podiatric medical act
56	56	within the scope of practice of the advanced practice registered
57	57	nurse. The performance of a delegated act must be consistent with
58	58	this chapter, rules adopted by the commission or nursing board, and
59	59	any written protocol adopted by the podiatrist consistent with
60	60	commission or nursing board rules.
61	61	(b) The commission shall adopt rules providing that an
62	62	advanced practice registered nurse may, without the presence of a
63	63	supervising podiatrist:
64	64	(1) conduct office visits with patients, including the
65	65	performance of minor procedures;
66	66	(2) oversee clinic operations; and
67	67	(3) conduct preoperative and postoperative
68	68	assessments and medication management.
69	69	(c) A podiatrist delegating to an advanced practice
70	70	registered nurse shall, consistent with nursing board rules,
71	71	cooperate with the advanced practice registered nurse in the
72	72	development and review of written protocols for the provision of
73	73	podiatric medical care.
74	74	Sec. 202.374. PRESCRIPTIVE AUTHORITY AGREEMENTS. (a) The
75	75	commission shall adopt rules establishing requirements for a
76	76	prescriptive authority agreement. The rules may require a
77	77	podiatrist who delegates the prescribing or ordering of a drug or
78	78	device to register with the department the name and license number
79	79	of any advanced practice registered nurse to whom the delegation is
80	80	made. The department may develop and use an electronic online
81	81	delegation registration process for registration under this
82	82	subsection.
83	83	(b) The rules adopted under Subsection (a) must be at least
84	84	as stringent as the requirements for a delegation by a physician
85	85	under Chapter 157.
86	86	Sec. 202.375. LIABILITY FOR DELEGATED ACTS. Unless the
87	87	podiatrist has reason to believe the advanced practice registered
88	88	nurse lacked the competency to perform the act, a podiatrist is not
89	89	liable for an act of an advanced practice registered nurse solely
90	90	because the podiatrist entered into a prescriptive authority
91	91	agreement authorizing the advanced practice registered nurse to
92	92	administer, provide, prescribe, or order a drug or device.
93	93	SECTION 2. Section 202.354, Occupations Code, is repealed.
94	94	SECTION 3. This Act takes effect September 1, 2025.