Texas 2025 - 89th Regular

Texas Senate Bill SB3055 Compare Versions

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11 89R21662 BEE-D
22 By: Middleton, Blanco S.B. No. 3055
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the licensing and regulation of advanced practice
1010 registered nurses and the number of advanced practice registered
1111 nurses and physician assistants with whom a physician may enter
1212 into a prescriptive authority agreement.
1313 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1414 ARTICLE 1. SHORT TITLE
1515 SECTION 1.001. This Act may be cited as the Healthcare
1616 Expanded and Accessed Locally for Texans (HEAL Texans) Act.
1717 ARTICLE 2. REGULATION OF ADVANCED PRACTICE REGISTERED NURSES
1818 SECTION 2.001. Section 301.002, Occupations Code, is
1919 amended to read as follows:
2020 Sec. 301.002. DEFINITIONS. In this chapter:
2121 (1) "Advanced practice registered nurse" means a
2222 registered nurse licensed by the board to practice as an advanced
2323 practice registered nurse on the basis of completion of an advanced
2424 educational program.
2525 (2) [(1)] "Board" means the Texas Board of Nursing.
2626 (3) [(1-a)] "Chief nursing officer" means the
2727 registered nurse who is administratively responsible for the
2828 nursing services at a facility.
2929 (4) "Controlled substance" has the meaning assigned by
3030 Section 481.002, Health and Safety Code.
3131 (5) "Dangerous drug" has the meaning assigned by
3232 Section 483.001, Health and Safety Code.
3333 (6) "Device" has the meaning assigned by Section
3434 551.003, and includes durable medical equipment.
3535 (7) "Nonprescription drug" has the meaning assigned by
3636 Section 551.003.
3737 (8) "Nurse" means a person required to be licensed
3838 under this chapter to engage in professional or vocational nursing.
3939 (9) "Nursing" means professional or vocational
4040 nursing.
4141 (10) [(1-b)] "Patient safety committee" has the
4242 meaning assigned by Section 303.001.
4343 (11) "Prescribe or order a drug or device" has the
4444 meaning assigned by Section 157.051.
4545 (12) [(2)] "Professional nursing" means the
4646 performance of an act that requires substantial specialized
4747 judgment and skill, the proper performance of which is based on
4848 knowledge and application of the principles of biological,
4949 physical, and social science as acquired by a completed course in an
5050 approved school of professional nursing. The term does not include
5151 acts of medical diagnosis or the prescription of therapeutic or
5252 corrective measures, except as performed by an advanced practice
5353 registered nurse authorized to practice by the board under Section
5454 301.357. Professional nursing involves:
5555 (A) the observation, assessment, intervention,
5656 evaluation, rehabilitation, care and counsel, or health teachings
5757 of a person who is ill, injured, infirm, or experiencing a change in
5858 normal health processes;
5959 (B) the maintenance of health or prevention of
6060 illness;
6161 (C) the administration of a medication or
6262 treatment as ordered by a health care practitioner legally
6363 authorized to prescribe the medication or treatment [physician,
6464 podiatrist, or dentist];
6565 (D) the supervision or teaching of nursing;
6666 (E) the administration, supervision, and
6767 evaluation of nursing practices, policies, and procedures;
6868 (F) the requesting, receiving, signing for, and
6969 distribution of prescription drug samples to patients at practices
7070 at which an advanced practice registered nurse is authorized to
7171 sign prescription drug orders as provided by Subchapter B, Chapter
7272 157;
7373 (G) the performance by an advanced practice
7474 registered nurse of an act delegated by a physician under Section
7575 157.0512, 157.054, 157.058, or 157.059; [and]
7676 (H) the development of the nursing care plan; and
7777 (I) the performance of an act by an advanced
7878 practice registered nurse authorized to practice by the board under
7979 Section 301.357.
8080 [(3) "Nurse" means a person required to be licensed
8181 under this chapter to engage in professional or vocational nursing.
8282 [(4) "Nursing" means professional or vocational
8383 nursing.]
8484 (13) [(5)] "Vocational nursing" means a directed
8585 scope of nursing practice, including the performance of an act that
8686 requires specialized judgment and skill, the proper performance of
8787 which is based on knowledge and application of the principles of
8888 biological, physical, and social science as acquired by a completed
8989 course in an approved school of vocational nursing. The term does
9090 not include acts of medical diagnosis or the prescription of
9191 therapeutic or corrective measures. Vocational nursing involves:
9292 (A) collecting data and performing focused
9393 nursing assessments of the health status of an individual;
9494 (B) participating in the planning of the nursing
9595 care needs of an individual;
9696 (C) participating in the development and
9797 modification of the nursing care plan;
9898 (D) participating in health teaching and
9999 counseling to promote, attain, and maintain the optimum health
100100 level of an individual;
101101 (E) assisting in the evaluation of an
102102 individual's response to a nursing intervention and the
103103 identification of an individual's needs; and
104104 (F) engaging in other acts that require education
105105 and training, as prescribed by board rules and policies,
106106 commensurate with the nurse's experience, continuing education,
107107 and demonstrated competency.
108108 SECTION 2.002. Section 301.005(b), Occupations Code, is
109109 amended to read as follows:
110110 (b) A reference in any other law to an "advanced nurse
111111 practitioner," [practitioner" or] "advanced practice nurse," or
112112 "advanced practice registered nurse" means an advanced practice
113113 registered nurse.
114114 SECTION 2.003. Sections 301.152(a) and (b), Occupations
115115 Code, are amended to read as follows:
116116 (a) [In this section, "advanced practice registered nurse"
117117 means a registered nurse licensed by the board to practice as an
118118 advanced practice registered nurse on the basis of completion of an
119119 advanced educational program.] The term "advanced practice
120120 registered nurse" includes a nurse practitioner, nurse midwife,
121121 nurse anesthetist, and clinical nurse specialist. [The term is
122122 synonymous with "advanced nurse practitioner" and "advanced
123123 practice nurse."]
124124 (b) The board shall adopt rules to:
125125 (1) license a registered nurse as an advanced practice
126126 registered nurse;
127127 (2) establish:
128128 (A) any specialized education or training,
129129 including pharmacology, that an advanced practice registered nurse
130130 must have to prescribe or order a drug or device as delegated by a
131131 physician under Section 157.0512 or 157.054 or authorized by the
132132 board under Section 301.358;
133133 (B) a system for approving an advanced practice
134134 registered nurse to prescribe or order a drug or device as delegated
135135 by a physician under Section 157.0512 or 157.054 or authorized by
136136 the board under Section 301.358 on the receipt of evidence of
137137 completing the specialized education and training requirement
138138 under Paragraph (A); and
139139 (C) a system for issuing a prescription
140140 authorization number to an advanced practice registered nurse
141141 approved under Paragraph (B); and
142142 (3) concurrently renew any license or approval granted
143143 to an advanced practice registered nurse under this subsection and
144144 a license renewed by the advanced practice registered nurse under
145145 Section 301.301.
146146 SECTION 2.004. Section 301.303(b), Occupations Code, is
147147 amended to read as follows:
148148 (b) Except as provided by a rule adopted under Section
149149 301.357(h) for an advanced practice registered nurse authorized by
150150 the board to practice under that section, the [The] board may not
151151 require participation in more than a total of 20 hours of continuing
152152 education in a two-year licensing period.
153153 SECTION 2.005. Subchapter H, Chapter 301, Occupations Code,
154154 is amended by adding Sections 301.357, 301.358, and 301.359 to read
155155 as follows:
156156 Sec. 301.357. INDEPENDENT PRACTICE BY CERTAIN ADVANCED
157157 PRACTICE REGISTERED NURSES. (a) The board shall authorize the
158158 practice under this section of an advanced practice registered
159159 nurse who applies for authorization under this section in the
160160 manner prescribed by the board and who:
161161 (1) is a nurse practitioner, nurse midwife, or
162162 clinical nurse specialist; and
163163 (2) either:
164164 (A) has held an active unencumbered license as an
165165 advanced practice registered nurse in any state for at least 10
166166 years or 20,000 hours, as determined by the board; or
167167 (B) has:
168168 (i) graduated from a program of nursing
169169 education that has a physical presence in this state and has a
170170 requirement of in-person clinical experience; and
171171 (ii) practiced as an advanced practice
172172 registered nurse under a prescriptive authority agreement with a
173173 physician for at least four years or 8,000 hours, as determined by
174174 the board.
175175 (b) To be eligible for authorization to practice under this
176176 section, an applicant described by Subsection (a) must:
177177 (1) hold an active, unencumbered license to practice
178178 as an advanced practice registered nurse in this state;
179179 (2) hold a current national certification in the role
180180 and population focus of the advanced practice registered nurse;
181181 (3) have a bachelor's degree in nursing and a master's
182182 or doctoral degree in nursing from a nationally accredited
183183 educational program;
184184 (4) have completed academic coursework in physical
185185 assessment, advanced pharmacology, and advanced pathophysiology;
186186 and
187187 (5) not be the subject of any pending disciplinary
188188 action or substantially equivalent action.
189189 (c) The scope of practice of an advanced practice registered
190190 nurse authorized to practice under this section includes:
191191 (1) ordering, performing, and interpreting diagnostic
192192 tests;
193193 (2) formulating primary and differential medical
194194 diagnoses and advanced assessments;
195195 (3) treating actual and potential health problems;
196196 (4) prescribing therapeutic and corrective measures,
197197 including nutrition and diagnostic support services, home health
198198 care, hospice care, physical therapy, and occupational therapy, and
199199 delegating and assigning the performance of therapeutic and
200200 corrective measures to assistive personnel;
201201 (5) to the extent authorized by the board under
202202 Section 301.358, prescribing, ordering, procuring, administering,
203203 and dispensing drugs and devices, including blood and blood
204204 products, controlled substances listed in Schedules III, IV, and V,
205205 dangerous drugs, and nonprescription drugs;
206206 (6) providing referrals to health care agencies,
207207 health care providers, and community resources;
208208 (7) serving as a primary care provider of record; and
209209 (8) performing other acts that require education and
210210 training consistent with professional standards and that are
211211 commensurate with the advanced practice registered nurse's
212212 education, licensure, and demonstrated competencies and
213213 experience.
214214 (d) Subject to Subsection (e), an advanced practice
215215 registered nurse authorized to practice under this section shall
216216 practice as a licensed independent practitioner in accordance with
217217 standards established and recognized by the board to protect the
218218 public health and safety.
219219 (e) An advanced practice registered nurse authorized to
220220 practice under this section may practice as a licensed independent
221221 practitioner only in a county with a population of less than 68,750.
222222 (f) An advanced practice registered nurse authorized to
223223 practice under this section is accountable to patients, the nursing
224224 profession, and the board for:
225225 (1) complying with the requirements of this chapter;
226226 (2) providing quality advanced nursing care;
227227 (3) recognizing the limits of the nurse's knowledge;
228228 (4) planning for the management of situations beyond
229229 the nurse's expertise; and
230230 (5) consulting with or referring patients to other
231231 health care providers as appropriate.
232232 (g) This section does not limit or modify the scope of
233233 practice of a nurse who is not authorized to practice under this
234234 section.
235235 (h) The board by rule shall establish:
236236 (1) the application process for authorization to
237237 practice under this section;
238238 (2) a requirement that an advanced practice registered
239239 nurse authorized to practice under this section complete at least
240240 48 hours of continuing education, including 10 hours of continuing
241241 education in pharmacology, every two years; and
242242 (3) systems to:
243243 (A) authorize an advanced practice registered
244244 nurse to prescribe or order a drug or device under Section 301.358
245245 when the board receives evidence of the completion of any education
246246 or training required by board rule; and
247247 (B) concurrently renew for an advanced practice
248248 registered nurse:
249249 (i) an authorization issued under this
250250 section or Section 301.358; and
251251 (ii) a license issued under rules adopted
252252 under Section 301.152 or renewed under Section 301.301.
253253 Sec. 301.358. PRESCRIBING AND ORDERING AUTHORITY OF
254254 ADVANCED PRACTICE REGISTERED NURSE. The board may authorize an
255255 advanced practice registered nurse authorized to practice by the
256256 board under Section 301.357 to prescribe and order drugs and
257257 devices, including controlled substances listed in Schedules III,
258258 IV, and V, dangerous drugs, and nonprescription drugs.
259259 Sec. 301.359. REPORT TO BOARD. (a) An advanced practice
260260 registered nurse authorized to practice by the board under Section
261261 301.357 shall, not later than January 15 of each year, submit to the
262262 board a report that includes for the preceding calendar year:
263263 (1) the location of each setting in which the advanced
264264 practice registered nurse practiced as an independent
265265 practitioner, including the county in which the setting is located;
266266 (2) the number of patients to whom the advanced
267267 practice registered nurse practiced as an independent
268268 practitioner; and
269269 (3) the number of instances in which the advanced
270270 practice registered nurse:
271271 (A) referred the patient to a physician for the
272272 prescription of a controlled substance listed in Schedule II; or
273273 (B) prescribed a controlled substance listed in
274274 Schedule II to a patient under a prescriptive authority agreement
275275 with a physician.
276276 (b) An advanced practice registered nurse authorized to
277277 practice by the board under Section 301.357 shall notify the board
278278 if the advanced practice registered nurse practices as an
279279 independent practitioner at a location other than the practice
280280 setting identified in the report submitted to the board under
281281 Subsection (a) for the previous calendar year.
282282 (c) The board shall annually aggregate, anonymize, and
283283 publish on the board's Internet website the information submitted
284284 by each advanced practice registered nurse under Subsection (a).
285285 ARTICLE 3. DELEGATION AND PRESCRIPTIVE AUTHORITY AGREEMENTS
286286 SECTION 3.001. Section 157.0512(c), Occupations Code, is
287287 amended to read as follows:
288288 (c) Except as provided by Subsection (d), the combined
289289 number of advanced practice registered nurses and physician
290290 assistants with whom a physician may enter into a prescriptive
291291 authority agreement may not exceed nine [seven] advanced practice
292292 registered nurses and physician assistants or the full-time
293293 equivalent of seven advanced practice registered nurses and
294294 physician assistants.
295295 SECTION 3.002. Chapter 157, Occupations Code, is amended by
296296 adding Subchapter D to read as follows:
297297 SUBCHAPTER D. DELEGATION AGREEMENTS WITH
298298 ADVANCED PRACTICE REGISTERED NURSES
299299 Sec. 157.151. NONDISCLOSURE AGREEMENTS. A delegation
300300 agreement, including a prescriptive authority agreement, between a
301301 physician and an advanced practice registered nurse may not include
302302 or be the subject of a nondisclosure agreement.
303303 Sec. 157.152. REPORTING BY PHYSICIAN; REPORT TO BOARD. (a)
304304 A physician who enters into a delegation agreement with an advanced
305305 practice registered nurse, including a prescriptive authority
306306 agreement under Section 157.0512, shall, not later than January 15
307307 of each year, submit to the board a report that includes for the
308308 preceding calendar year:
309309 (1) the amount of any fee the physician charges the
310310 advanced practice registered nurse to enter into the agreement;
311311 (2) any restriction or limitation the physician places
312312 on the advanced practice registered nurse's practice under the
313313 agreement;
314314 (3) any instance in which the physician changes the
315315 diagnosis or course of treatment of a patient of the advanced
316316 practice registered nurse; and
317317 (4) the number of case files the physician reviews
318318 each month.
319319 (b) The board shall annually aggregate, anonymize, and
320320 publish on the board's Internet website the information submitted
321321 by each physician under Subsection (a).
322322 Sec. 157.153. COMPLAINT REGARDING ADVANCED PRACTICE
323323 REGISTERED NURSE UNDER DELEGATION AGREEMENT. (a) The board shall
324324 disaggregate from information the board maintains regarding
325325 complaints against a physician any information regarding a
326326 complaint against an advanced practice registered nurse practicing
327327 under a delegation agreement with the physician.
328328 (b) The board shall separately maintain information
329329 regarding complaints against an advanced practice registered nurse
330330 practicing under a delegation agreement with the physician. The
331331 information maintained under this subsection must include:
332332 (1) the specialization of the advanced practice
333333 registered nurse who is the subject of the complaint; and
334334 (2) the disposition of the complaint, including any
335335 disciplinary action taken.
336336 ARTICLE 4. CONFORMING AMENDMENTS
337337 SECTION 4.001. Section 38.151(1), Education Code, is
338338 amended to read as follows:
339339 (1) "Advanced practice nurse" has the meaning assigned
340340 to "advanced practice registered nurse" by Section 301.002
341341 [301.152], Occupations Code.
342342 SECTION 4.002. Section 38.211(a), Education Code, is
343343 amended to read as follows:
344344 (a) A physician, a [or] person who has been delegated
345345 prescriptive authority under Chapter 157, Occupations Code, or an
346346 advanced practice registered nurse authorized to prescribe and
347347 order drugs and devices under Section 301.358, Occupations Code,
348348 may prescribe epinephrine auto-injectors or medication for
349349 respiratory distress in the name of a school district,
350350 open-enrollment charter school, or private school.
351351 SECTION 4.003. Section 38.225(a), Education Code, is
352352 amended to read as follows:
353353 (a) A physician, a [or] person who has been delegated
354354 prescriptive authority under Chapter 157, Occupations Code, or an
355355 advanced practice registered nurse authorized to prescribe and
356356 order drugs and devices under Section 301.358, Occupations Code,
357357 may prescribe opioid antagonists in the name of a school district,
358358 open-enrollment charter school, or private school.
359359 SECTION 4.004. Section 61.601, Education Code, is amended
360360 to read as follows:
361361 Sec. 61.601. DEFINITION. In this subchapter, "mental
362362 health professional" means:
363363 (1) a licensed physician who is:
364364 (A) a graduate of an accredited psychiatric
365365 residency training program; or
366366 (B) certified in psychiatry by:
367367 (i) the American Board of Psychiatry and
368368 Neurology; or
369369 (ii) the American Osteopathic Board of
370370 Neurology and Psychiatry;
371371 (2) a psychologist, as defined by Section 501.002,
372372 Occupations Code;
373373 (3) a licensed professional counselor, as defined by
374374 Section 503.002, Occupations Code;
375375 (4) an advanced practice registered nurse, as defined
376376 by Section 301.002 [301.152], Occupations Code, who holds a
377377 nationally recognized board certification in psychiatric or mental
378378 health nursing;
379379 (5) a licensed clinical social worker, as defined by
380380 Section 505.002, Occupations Code;
381381 (6) a licensed specialist in school psychology, as
382382 defined by Section 501.002, Occupations Code;
383383 (7) a chemical dependency counselor, as defined by
384384 Section 504.001, Occupations Code; and
385385 (8) a licensed marriage and family therapist, as
386386 defined by Section 502.002, Occupations Code.
387387 SECTION 4.005. Section 1101.100(1), Estates Code, is
388388 amended to read as follows:
389389 (1) "Advanced practice registered nurse" has the
390390 meaning assigned by Section 301.002 [301.152], Occupations Code.
391391 SECTION 4.006. Section 671.001(b), Government Code, is
392392 amended to read as follows:
393393 (b) The pilot program must provide for the following:
394394 (1) either:
395395 (A) both:
396396 (i) a licensed advanced practice registered
397397 nurse as defined by Section 301.002 [301.152], Occupations Code, or
398398 a licensed physician assistant as described by Chapter 204,
399399 Occupations Code, who is employed by the state or whose services are
400400 acquired by contract, who will be located at a state office complex;
401401 and
402402 (ii) [(2)] a licensed physician, who is
403403 employed by a state governmental entity for purposes other than the
404404 pilot program or whose services are acquired by contract, who will
405405 delegate to and supervise the advanced practice registered nurse or
406406 physician assistant under a prescriptive authority agreement under
407407 Chapter 157, Occupations Code; or
408408 (B) an advanced practice registered nurse
409409 authorized to practice under Section 301.357, Occupations Code;
410410 (2) [(3)] appropriate office space and equipment for
411411 the advanced practice registered nurse or physician assistant to
412412 provide basic medical care to employees at the state office complex
413413 where the nurse or physician assistant is located; and
414414 (3) [(4)] professional liability insurance covering
415415 services provided by the advanced practice registered nurse or the
416416 physician assistant.
417417 SECTION 4.007. Section 47.011(a), Health and Safety Code,
418418 is amended to read as follows:
419419 (a) In this section, "midwife" has the meaning assigned by
420420 Section 203.002, Occupations Code, and includes a nurse midwife
421421 [described by Section 301.152, Occupations Code].
422422 SECTION 4.008. Sections 161.0052(b) and (c), Health and
423423 Safety Code, are amended to read as follows:
424424 (b) The executive commissioner by rule shall require a
425425 hospital to inform each elderly person admitted to the hospital for
426426 a period of 24 hours or more that the pneumococcal and influenza
427427 vaccines are available. If the elderly person requests a vaccine,
428428 and if a physician, or an advanced practice registered nurse
429429 [practitioner] or physician assistant on behalf of a physician, or
430430 an advanced practice registered nurse authorized to prescribe and
431431 order drugs and devices under Section 301.358, Occupations Code,
432432 determines that the vaccine is in the person's best interest, the
433433 hospital must make the vaccination available to the person before
434434 the person is discharged from the hospital.
435435 (c) The executive commissioner by rule shall require an end
436436 stage renal disease facility to offer, to the extent possible as
437437 determined by the facility, the opportunity to receive the
438438 pneumococcal and influenza vaccines to each elderly person who
439439 receives ongoing care at the facility if a physician, or an advanced
440440 practice registered nurse [practitioner] or physician assistant on
441441 behalf of a physician, or an advanced practice registered nurse
442442 authorized to prescribe and order drugs and devices under Section
443443 301.358, Occupations Code, determines that the vaccine is in the
444444 person's best interest. If the facility decides it is not feasible
445445 to offer the vaccine, the facility must provide the person with
446446 information on other options for obtaining the vaccine.
447447 SECTION 4.009. Section 401.504(d), Health and Safety Code,
448448 is amended to read as follows:
449449 (d) This subchapter does not apply to a physician, [or to] a
450450 physician's employee or delegate acting under Chapter 157,
451451 Occupations Code, or an advanced practice registered nurse
452452 authorized to prescribe and order drugs and devices under Section
453453 301.358, Occupations Code.
454454 SECTION 4.010. Section 481.002(39), Health and Safety Code,
455455 is amended to read as follows:
456456 (39) "Practitioner" means:
457457 (A) a physician, dentist, veterinarian,
458458 podiatrist, scientific investigator, advanced practice registered
459459 nurse authorized to prescribe and order drugs and devices under
460460 Section 301.358, Occupations Code, or other person licensed,
461461 registered, or otherwise permitted to distribute, dispense,
462462 analyze, conduct research with respect to, or administer a
463463 controlled substance in the course of professional practice or
464464 research in this state;
465465 (B) a pharmacy, hospital, or other institution
466466 licensed, registered, or otherwise permitted to distribute,
467467 dispense, conduct research with respect to, or administer a
468468 controlled substance in the course of professional practice or
469469 research in this state;
470470 (C) a person practicing in and licensed by
471471 another state as a physician, dentist, veterinarian, advanced
472472 practice registered nurse, or podiatrist, having a current Federal
473473 Drug Enforcement Administration registration number, who may
474474 legally prescribe Schedule II, III, IV, or V controlled substances
475475 in that state; or
476476 (D) an advanced practice registered nurse or
477477 physician assistant to whom a physician has delegated the authority
478478 to prescribe or order a drug or device under Section 157.0511,
479479 157.0512, or 157.054, Occupations Code.
480480 SECTION 4.011. Section 481.074(d), Health and Safety Code,
481481 is amended to read as follows:
482482 (d) Except as specified in Subsections (e) and (f), the
483483 board, by rule and in consultation with the Texas Medical Board and
484484 the Texas Board of Nursing, shall establish the period after the
485485 date on which the prescription is issued that a person may fill a
486486 prescription for a controlled substance listed in Schedule II. A
487487 person may not refill a prescription for a substance listed in
488488 Schedule II.
489489 SECTION 4.012. Section 481.076(c), Health and Safety Code,
490490 is amended to read as follows:
491491 (c) The board by rule shall design and implement a system
492492 for submission of information to the board by electronic or other
493493 means and for retrieval of information submitted to the board under
494494 this section and Sections 481.074 and 481.075. The board shall use
495495 automated information security techniques and devices to preclude
496496 improper access to the information. The board shall submit the
497497 system design to the director, [and] the Texas Medical Board, and
498498 the Texas Board of Nursing for review and comment a reasonable time
499499 before implementation of the system and shall comply with the
500500 comments of those agencies unless it is unreasonable to do so.
501501 SECTION 4.013. Section 481.0767(b), Health and Safety Code,
502502 is amended to read as follows:
503503 (b) The board shall appoint the following members to the
504504 advisory committee:
505505 (1) a physician licensed in this state who practices
506506 in pain management;
507507 (2) a physician licensed in this state who practices
508508 in family medicine;
509509 (3) a physician licensed in this state who performs
510510 surgery;
511511 (4) a physician licensed in this state who practices
512512 in emergency medicine at a hospital;
513513 (5) a physician licensed in this state who practices
514514 in psychiatry;
515515 (6) an oral and maxillofacial surgeon;
516516 (7) a physician assistant or advanced practice
517517 registered nurse to whom a physician has delegated the authority to
518518 prescribe or order a drug or an advanced practice registered nurse
519519 authorized to prescribe and order drugs and devices under Section
520520 301.358, Occupations Code;
521521 (8) a pharmacist working at a chain pharmacy;
522522 (9) a pharmacist working at an independent pharmacy;
523523 (10) an academic pharmacist; and
524524 (11) two representatives of the health information
525525 technology industry, at least one of whom is a representative of a
526526 company whose primary line of business is electronic medical
527527 records.
528528 SECTION 4.014. Sections 483.001(4), (12), and (13), Health
529529 and Safety Code, are amended to read as follows:
530530 (4) "Designated agent" means:
531531 (A) a licensed nurse, physician assistant,
532532 pharmacist, or other individual designated by a practitioner to
533533 communicate prescription drug orders to a pharmacist;
534534 (B) a licensed nurse, physician assistant, or
535535 pharmacist employed in a health care facility to whom the
536536 practitioner communicates a prescription drug order; or
537537 (C) an advanced practice [a] registered nurse or
538538 physician assistant authorized by a practitioner to carry out a
539539 prescription drug order for dangerous drugs under Subchapter B,
540540 Chapter 157, Occupations Code.
541541 (12) "Practitioner" means:
542542 (A) a person licensed by:
543543 (i) the Texas Medical Board, State Board of
544544 Dental Examiners, Texas Optometry Board, or State Board of
545545 Veterinary Medical Examiners to prescribe and administer dangerous
546546 drugs; or
547547 (ii) the Texas Department of Licensing and
548548 Regulation, with respect to podiatry, to prescribe and administer
549549 dangerous drugs;
550550 (B) a person licensed by another state in a
551551 health field in which, under the laws of this state, a licensee may
552552 legally prescribe dangerous drugs;
553553 (C) a person licensed in Canada or Mexico in a
554554 health field in which, under the laws of this state, a licensee may
555555 legally prescribe dangerous drugs; [or]
556556 (D) an advanced practice registered nurse or
557557 physician assistant to whom a physician has delegated the authority
558558 to prescribe or order a drug or device under Section 157.0511,
559559 157.0512, or 157.054, Occupations Code; or
560560 (E) an advanced practice registered nurse
561561 authorized to prescribe and order drugs and devices under Section
562562 301.358, Occupations Code.
563563 (13) "Prescription" means an order from a
564564 practitioner, or an agent of the practitioner designated in writing
565565 as authorized to communicate prescriptions, or an order made in
566566 accordance with Subchapter B, Chapter 157, Occupations Code, or
567567 Section 203.353, Occupations Code, to a pharmacist for a dangerous
568568 drug to be dispensed that states:
569569 (A) the date of the order's issue;
570570 (B) the name and address of the patient;
571571 (C) if the drug is prescribed for an animal, the
572572 species of the animal;
573573 (D) the name and quantity of the drug prescribed;
574574 (E) the directions for the use of the drug;
575575 (F) the intended use of the drug unless the
576576 practitioner determines the furnishing of this information is not
577577 in the best interest of the patient;
578578 (G) the name, address, and telephone number of
579579 the practitioner at the practitioner's usual place of business,
580580 legibly printed or stamped; and
581581 (H) the name, address, and telephone number of
582582 the licensed midwife, advanced practice registered nurse, or
583583 physician assistant, legibly printed or stamped, if signed by a
584584 licensed midwife, advanced practice registered nurse, or physician
585585 assistant.
586586 SECTION 4.015. Section 483.022(f), Health and Safety Code,
587587 is amended to read as follows:
588588 (f) A practitioner may designate a person who is a licensed
589589 vocational nurse or has an education equivalent to or greater than
590590 that required for a licensed vocational nurse to communicate
591591 prescriptions of an advanced practice registered nurse or physician
592592 assistant authorized by the practitioner to sign prescription drug
593593 orders under Subchapter B, Chapter 157, Occupations Code, or of an
594594 advanced practice registered nurse authorized to prescribe and
595595 order drugs and devices under Section 301.358, Occupations Code.
596596 SECTION 4.016. Section 483.042(a), Health and Safety Code,
597597 is amended to read as follows:
598598 (a) A person commits an offense if the person delivers or
599599 offers to deliver a dangerous drug:
600600 (1) unless:
601601 (A) the dangerous drug is delivered or offered
602602 for delivery by a pharmacist under:
603603 (i) a prescription issued by a practitioner
604604 described by Section 483.001(12)(A), [or] (B), or (E);
605605 (ii) a prescription signed by an advanced
606606 practice [a] registered nurse or physician assistant in accordance
607607 with Subchapter B, Chapter 157, Occupations Code; or
608608 (iii) an original written prescription
609609 issued by a practitioner described by Section 483.001(12)(C); and
610610 (B) a label is attached to the immediate
611611 container in which the drug is delivered or offered to be delivered
612612 and the label contains the following information:
613613 (i) the name and address of the pharmacy
614614 from which the drug is delivered or offered for delivery;
615615 (ii) the date the prescription for the drug
616616 is dispensed;
617617 (iii) the number of the prescription as
618618 filed in the prescription files of the pharmacy from which the
619619 prescription is dispensed;
620620 (iv) the name of the practitioner who
621621 prescribed the drug and, if applicable, the name of the advanced
622622 practice registered nurse or physician assistant who signed the
623623 prescription;
624624 (v) the name of the patient and, if the drug
625625 is prescribed for an animal, a statement of the species of the
626626 animal; and
627627 (vi) directions for the use of the drug as
628628 contained in the prescription; or
629629 (2) unless:
630630 (A) the dangerous drug is delivered or offered
631631 for delivery by:
632632 (i) a practitioner in the course of
633633 practice; or
634634 (ii) an advanced practice [a] registered
635635 nurse or physician assistant in the course of practice in
636636 accordance with Subchapter B, Chapter 157, Occupations Code; and
637637 (B) a label is attached to the immediate
638638 container in which the drug is delivered or offered to be delivered
639639 and the label contains the following information:
640640 (i) the name and address of the
641641 practitioner who prescribed the drug, and if applicable, the name
642642 and address of the advanced practice registered nurse or physician
643643 assistant;
644644 (ii) the date the drug is delivered;
645645 (iii) the name of the patient and, if the
646646 drug is prescribed for an animal, a statement of the species of the
647647 animal; and
648648 (iv) the name of the drug, the strength of
649649 the drug, and directions for the use of the drug.
650650 SECTION 4.017. Section 773.0145(k), Health and Safety Code,
651651 is amended to read as follows:
652652 (k) A physician, a [or] person who has been delegated
653653 prescriptive authority under Chapter 157, Occupations Code, or an
654654 advanced practice registered nurse authorized to prescribe and
655655 order drugs and devices under Section 301.358, Occupations Code,
656656 may prescribe epinephrine auto-injectors in the name of an entity.
657657 SECTION 4.018. Section 32.024(gg), Human Resources Code, is
658658 amended to read as follows:
659659 (gg) Notwithstanding any other law, including Sections
660660 843.312 and 1301.052, Insurance Code, the commission shall ensure
661661 that advanced practice registered nurses and physician assistants
662662 may be selected by and assigned to recipients of medical assistance
663663 as the primary care providers of those recipients regardless of
664664 whether, if applicable, the physician supervising the advanced
665665 practice registered nurse is included in any directory of providers
666666 of medical assistance maintained by the commission. This
667667 subsection may not be construed as authorizing the commission to
668668 supervise or control the practice of medicine as prohibited by
669669 Subtitle B, Title 3, Occupations Code. The commission must require
670670 that advanced practice registered nurses and physician assistants
671671 be treated in the same manner as primary care physicians with regard
672672 to:
673673 (1) selection and assignment as primary care
674674 providers; and
675675 (2) inclusion as primary care providers in any
676676 directory of providers of medical assistance maintained by the
677677 commission.
678678 SECTION 4.019. Section 32.03141, Human Resources Code, is
679679 amended to read as follows:
680680 Sec. 32.03141. AUTHORITY OF ADVANCED PRACTICE REGISTERED
681681 NURSES AND PHYSICIAN ASSISTANTS REGARDING DURABLE MEDICAL
682682 EQUIPMENT AND SUPPLIES. To the extent allowed by federal law, in
683683 addition to other health care practitioners authorized by federal
684684 law, the following persons may order and prescribe durable medical
685685 equipment and supplies under the medical assistance program:
686686 (1) an advanced practice registered nurse authorized
687687 to prescribe and order drugs and devices under Section 301.358,
688688 Occupations Code; and
689689 (2) an advanced practice registered nurse or physician
690690 assistant acting under adequate physician supervision and to whom a
691691 physician has delegated the authority to prescribe and order drugs
692692 and devices under Chapter 157, Occupations Code[, may order and
693693 prescribe durable medical equipment and supplies under the medical
694694 assistance program].
695695 SECTION 4.020. Section 42.067(b), Human Resources Code, is
696696 amended to read as follows:
697697 (b) A physician, [or] a person who has been delegated
698698 prescriptive authority under Chapter 157, Occupations Code, or an
699699 advanced practice registered nurse authorized to prescribe and
700700 order drugs and devices under Section 301.358, Occupations Code,
701701 may prescribe epinephrine auto-injectors in the name of a day-care
702702 center.
703703 SECTION 4.021. Section 843.312, Insurance Code, is amended
704704 to read as follows:
705705 Sec. 843.312. PHYSICIAN ASSISTANTS AND ADVANCED PRACTICE
706706 REGISTERED NURSES. (a) A health maintenance organization may not
707707 refuse a request by a physician participating in the health
708708 maintenance organization delivery network and a physician
709709 assistant or advanced practice registered nurse who is authorized
710710 by the physician to provide care under Subchapter B, Chapter 157,
711711 Occupations Code, or an advanced practice registered nurse
712712 authorized to prescribe and order drugs and devices under Section
713713 301.358, Occupations Code, to identify a physician assistant or
714714 advanced practice registered nurse as a provider in the network.
715715 (b) A health maintenance organization may refuse a request
716716 under Subsection (a) if the physician assistant or advanced
717717 practice registered nurse does not meet the quality of care
718718 standards previously established by the health maintenance
719719 organization for participation in the network by physician
720720 assistants and advanced practice registered nurses.
721721 SECTION 4.022. Section 1301.001(1-a), Insurance Code, is
722722 amended to read as follows:
723723 (1-a) "Health care provider" means a practitioner,
724724 institutional provider, or other person or organization that
725725 furnishes health care services and that is licensed or otherwise
726726 authorized to practice in this state. The term includes a
727727 pharmacist, [and] a pharmacy, and an advanced practice registered
728728 nurse authorized to practice under Section 301.357, Occupations
729729 Code. The term does not include a physician.
730730 SECTION 4.023. Section 1452.051(1), Insurance Code, is
731731 amended to read as follows:
732732 (1) "Advanced practice nurse" has the meaning assigned
733733 to "advanced practice registered nurse" by Section 301.002
734734 [301.152], Occupations Code.
735735 SECTION 4.024. Section 408.025, Labor Code, is amended by
736736 amending Subsection (a-1) and adding Subsection (a-2) to read as
737737 follows:
738738 (a-1) A [treating doctor may delegate to a physician
739739 assistant who is licensed to practice in this state under Chapter
740740 204, Occupations Code, or an advanced practice registered nurse who
741741 is licensed to practice in this state under Chapter 301,
742742 Occupations Code, the authority to complete and sign a] work status
743743 report regarding an injured employee's ability to return to work
744744 may be completed and signed by:
745745 (1) a physician assistant licensed to practice in this
746746 state under Chapter 204, Occupations Code, who has been delegated
747747 the authority by a treating doctor;
748748 (2) an advanced practice registered nurse licensed to
749749 practice in this state under Chapter 301, Occupations Code, who has
750750 been delegated the authority by a treating doctor; or
751751 (3) an advanced practice registered nurse authorized
752752 to practice under Section 301.357, Occupations Code.
753753 (a-2) The delegating treating doctor is responsible for the
754754 acts of a [the] physician assistant [or advanced practice
755755 registered nurse] under Subsection (a-1)(1) or an advanced practice
756756 registered nurse under Subsection (a-1)(2) [this subsection].
757757 SECTION 4.025. Section 157.051(1), Occupations Code, is
758758 amended to read as follows:
759759 (1) "Advanced practice registered nurse" has the
760760 meaning assigned [to that term] by Section 301.002 [301.152]. [The
761761 term includes an advanced nurse practitioner and advanced practice
762762 nurse.]
763763 SECTION 4.026. Section 203.002(2), Occupations Code, is
764764 amended to read as follows:
765765 (2) "Certified nurse-midwife" means an advanced
766766 practice [a person who is:
767767 [(A) a] registered nurse [under Chapter 301;
768768 [(B) recognized as an advanced nurse
769769 practitioner by the Texas Board of Nursing; and
770770 [(C)] certified by the American College of
771771 Nurse-Midwives.
772772 SECTION 4.027. Sections 551.003(14) and (34), Occupations
773773 Code, are amended to read as follows:
774774 (14) "Designated agent" means:
775775 (A) an individual, including a licensed nurse,
776776 physician assistant, or pharmacist:
777777 (i) who is designated by a practitioner and
778778 authorized to communicate a prescription drug order to a
779779 pharmacist; and
780780 (ii) for whom the practitioner assumes
781781 legal responsibility;
782782 (B) a licensed nurse, physician assistant, or
783783 pharmacist employed in a health care facility to whom a
784784 practitioner communicates a prescription drug order; or
785785 (C) an advanced practice [a] registered nurse or
786786 physician assistant authorized by a practitioner to administer a
787787 prescription drug order for a dangerous drug under Subchapter B,
788788 Chapter 157.
789789 (34) "Practitioner" means:
790790 (A) a person licensed or registered to prescribe,
791791 distribute, administer, or dispense a prescription drug or device
792792 in the course of professional practice in this state, including a
793793 physician, dentist, podiatrist, advanced practice registered nurse
794794 authorized to prescribe and order drugs and devices under Section
795795 301.358, or veterinarian but excluding a person licensed under this
796796 subtitle;
797797 (B) a person licensed by another state, Canada,
798798 or the United Mexican States in a health field in which, under the
799799 law of this state, a license holder in this state may legally
800800 prescribe a dangerous drug;
801801 (C) a person practicing in another state and
802802 licensed by another state as a physician, dentist, veterinarian,
803803 advanced practice registered nurse, or podiatrist, who has a
804804 current federal Drug Enforcement Administration registration
805805 number and who may legally prescribe a Schedule II, III, IV, or V
806806 controlled substance, as specified under Chapter 481, Health and
807807 Safety Code, in that other state; or
808808 (D) an advanced practice registered nurse or
809809 physician assistant to whom a physician has delegated the authority
810810 to prescribe or order a drug or device under Section 157.0511,
811811 157.0512, or 157.054.
812812 SECTION 4.028. Section 563.051(e), Occupations Code, is
813813 amended to read as follows:
814814 (e) A practitioner may designate a licensed vocational
815815 nurse or a person having education equivalent to or greater than
816816 that required for a licensed vocational nurse to communicate the
817817 prescriptions of an advanced practice registered nurse or physician
818818 assistant authorized by the practitioner to sign prescription drug
819819 orders under Subchapter B, Chapter 157, or of an advanced practice
820820 registered nurse authorized to prescribe and order drugs and
821821 devices under Section 301.358.
822822 SECTION 4.029. Section 563.053, Occupations Code, is
823823 amended to read as follows:
824824 Sec. 563.053. DISPENSING OF DANGEROUS DRUGS IN CERTAIN
825825 RURAL AREAS. (a) In this section:
826826 (1) "Advanced practice registered nurse" has the
827827 meaning assigned by Section 301.002.
828828 (2) "Reimbursement [, "reimbursement] for cost" means
829829 an additional charge, separate from that imposed for the
830830 physician's or advanced practice registered nurse's professional
831831 services, that includes the cost of the drug product and all other
832832 actual costs to the physician or advanced practice registered nurse
833833 incidental to providing the dispensing service. The term does not
834834 include a separate fee imposed for the act of dispensing the drug
835835 itself.
836836 (a-1) This section applies to an advanced practice
837837 registered nurse only to the extent that the advanced practice
838838 registered nurse is authorized to prescribe and order drugs and
839839 devices under Section 301.358.
840840 (b) This section applies to an area located in a county with
841841 a population of 5,000 or less, or in a municipality or an
842842 unincorporated town with a population of less than 2,500, that is
843843 within a 15-mile radius of the physician's or advanced practice
844844 registered nurse's office and in which a pharmacy is not located.
845845 This section does not apply to a municipality or an unincorporated
846846 town that is adjacent to a municipality with a population of 2,500
847847 or more.
848848 (c) A physician who practices medicine or advanced practice
849849 registered nurse who practices advanced practice registered
850850 nursing in an area described by Subsection (b) may:
851851 (1) maintain a supply of dangerous drugs in the
852852 physician's or advanced practice registered nurse's office to be
853853 dispensed in the course of treating the physician's or advanced
854854 practice registered nurse's patients; and
855855 (2) be reimbursed for the cost of supplying those
856856 drugs without obtaining a license under Chapter 558.
857857 (d) A physician or advanced practice registered nurse who
858858 dispenses dangerous drugs under Subsection (c) shall:
859859 (1) comply with each labeling provision under this
860860 subtitle applicable to that class of drugs; and
861861 (2) oversee compliance with packaging and
862862 recordkeeping provisions applicable to that class of drugs.
863863 (e) A physician who desires to dispense dangerous drugs
864864 under this section shall notify both the board and the Texas Medical
865865 [State] Board [of Medical Examiners] that the physician practices
866866 in an area described by Subsection (b). An advanced practice
867867 registered nurse who desires to dispense dangerous drugs under this
868868 section shall notify both the board and the Texas Board of Nursing
869869 that the advanced practice registered nurse practices in an area
870870 described by Subsection (b). The physician or advanced practice
871871 registered nurse may continue to dispense dangerous drugs in the
872872 area until the board determines, after notice and hearing, that the
873873 physician or advanced practice registered nurse no longer practices
874874 in an area described by Subsection (b).
875875 SECTION 4.030. Sections 605.002(14) and (18), Occupations
876876 Code, are amended to read as follows:
877877 (14) "Orthotics" means the science and practice of
878878 measuring, designing, fabricating, assembling, fitting, adjusting,
879879 or servicing an orthosis under an order from a licensed physician,
880880 chiropractor, [or] podiatrist, or advanced practice registered
881881 nurse authorized to prescribe and order drugs and devices under
882882 Section 301.358, or an advanced practice registered nurse or
883883 physician assistant acting under the delegation and supervision of
884884 a licensed physician as provided by Subchapter B, Chapter 157, and
885885 rules adopted by the Texas Medical Board, for the correction or
886886 alleviation of a neuromuscular or musculoskeletal dysfunction,
887887 disease, injury, or deformity.
888888 (18) "Prosthetics" means the science and practice of
889889 measuring, designing, fabricating, assembling, fitting, adjusting,
890890 or servicing a prosthesis under an order from a licensed physician,
891891 chiropractor, [or] podiatrist, or advanced practice registered
892892 nurse authorized to prescribe and order drugs and devices under
893893 Section 301.358, or an advanced practice registered nurse or
894894 physician assistant acting under the delegation and supervision of
895895 a licensed physician as provided by Subchapter B, Chapter 157, and
896896 rules adopted by the Texas Medical Board.
897897 SECTION 4.031. Section 605.2515, Occupations Code, is
898898 amended to read as follows:
899899 Sec. 605.2515. ADDITIONAL LICENSE: DEVICE MANUFACTURER. A
900900 person licensed to practice orthotics or prosthetics who measures,
901901 designs, fabricates, fits, assembles, adjusts, or services an
902902 orthosis or a prosthesis under an order from a licensed physician,
903903 chiropractor, [or] podiatrist, or advanced practice registered
904904 nurse authorized to prescribe and order drugs and devices under
905905 Section 301.358, or an advanced practice registered nurse or
906906 physician assistant acting under the delegation and supervision of
907907 a licensed physician as provided by Subchapter B, Chapter 157, and
908908 rules adopted by the Texas Medical Board, for a specific patient is
909909 exempt from licensing as a device manufacturer under Subchapter L,
910910 Chapter 431, Health and Safety Code. A person licensed to practice
911911 orthotics or prosthetics who fabricates or assembles an orthosis or
912912 a prosthesis without an order from a licensed physician,
913913 chiropractor, [or] podiatrist, or advanced practice registered
914914 nurse authorized to prescribe and order drugs and devices under
915915 Section 301.358, or an advanced practice registered nurse or
916916 physician assistant acting under the delegation and supervision of
917917 a licensed physician as provided by Subchapter B, Chapter 157, and
918918 rules adopted by the Texas Medical Board, for a specific patient is
919919 required to be licensed as a device manufacturer under Subchapter
920920 L, Chapter 431, Health and Safety Code.
921921 SECTION 4.032. Section 1701.703(a), Occupations Code, is
922922 amended to read as follows:
923923 (a) A physician, [or] a person who has been delegated
924924 prescriptive authority under Chapter 157, or an advanced practice
925925 registered nurse authorized to prescribe and order drugs and
926926 devices under Section 301.358, [Occupations Code,] may prescribe
927927 epinephrine auto-injectors in the name of a law enforcement agency.
928928 ARTICLE 5. LEGISLATION IMPACT STUDY
929929 SECTION 5.001. (a) The Texas Board of Nursing shall conduct
930930 a study of the effect this Act has had on:
931931 (1) access to primary health care in counties with a
932932 population of less than 68,750 as compared to counties with a
933933 population of 68,750 or greater;
934934 (2) patient outcomes in counties with a population of
935935 less than 68,750;
936936 (3) trends in the practice location of advanced
937937 practice registered nurses; and
938938 (4) costs incurred by rural hospitals.
939939 (b) Not later than September 1, 2028, the Texas Board of
940940 Nursing shall submit to the governor, the lieutenant governor, and
941941 the speaker of the house of representatives:
942942 (1) the study conducted under Subsection (a) of this
943943 section;
944944 (2) the information published by:
945945 (A) the Texas Medical Board under Section
946946 157.152(b), Occupations Code, as added by this Act; and
947947 (B) the Texas Board of Nursing under Section
948948 301.359(c), Occupations Code, as added by this Act; and
949949 (3) recommendations to the legislature to improve
950950 rural access to health care and patient outcomes.
951951 SECTION 5.002. This article expires December 31, 2029.
952952 ARTICLE 6. TRANSITION AND EFFECTIVE DATE
953953 SECTION 6.001. Not later than February 1, 2026, the Texas
954954 Board of Nursing shall adopt the rules necessary to implement the
955955 changes in law made by this Act.
956956 SECTION 6.002. This Act takes effect September 1, 2025.