1 | 1 | | 89R21662 BEE-D |
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2 | 2 | | By: Middleton, Blanco S.B. No. 3055 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the licensing and regulation of advanced practice |
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10 | 10 | | registered nurses and the number of advanced practice registered |
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11 | 11 | | nurses and physician assistants with whom a physician may enter |
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12 | 12 | | into a prescriptive authority agreement. |
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13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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14 | 14 | | ARTICLE 1. SHORT TITLE |
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15 | 15 | | SECTION 1.001. This Act may be cited as the Healthcare |
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16 | 16 | | Expanded and Accessed Locally for Texans (HEAL Texans) Act. |
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17 | 17 | | ARTICLE 2. REGULATION OF ADVANCED PRACTICE REGISTERED NURSES |
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18 | 18 | | SECTION 2.001. Section 301.002, Occupations Code, is |
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19 | 19 | | amended to read as follows: |
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20 | 20 | | Sec. 301.002. DEFINITIONS. In this chapter: |
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21 | 21 | | (1) "Advanced practice registered nurse" means a |
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22 | 22 | | registered nurse licensed by the board to practice as an advanced |
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23 | 23 | | practice registered nurse on the basis of completion of an advanced |
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24 | 24 | | educational program. |
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25 | 25 | | (2) [(1)] "Board" means the Texas Board of Nursing. |
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26 | 26 | | (3) [(1-a)] "Chief nursing officer" means the |
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27 | 27 | | registered nurse who is administratively responsible for the |
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28 | 28 | | nursing services at a facility. |
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29 | 29 | | (4) "Controlled substance" has the meaning assigned by |
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30 | 30 | | Section 481.002, Health and Safety Code. |
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31 | 31 | | (5) "Dangerous drug" has the meaning assigned by |
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32 | 32 | | Section 483.001, Health and Safety Code. |
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33 | 33 | | (6) "Device" has the meaning assigned by Section |
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34 | 34 | | 551.003, and includes durable medical equipment. |
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35 | 35 | | (7) "Nonprescription drug" has the meaning assigned by |
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36 | 36 | | Section 551.003. |
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37 | 37 | | (8) "Nurse" means a person required to be licensed |
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38 | 38 | | under this chapter to engage in professional or vocational nursing. |
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39 | 39 | | (9) "Nursing" means professional or vocational |
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40 | 40 | | nursing. |
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41 | 41 | | (10) [(1-b)] "Patient safety committee" has the |
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42 | 42 | | meaning assigned by Section 303.001. |
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43 | 43 | | (11) "Prescribe or order a drug or device" has the |
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44 | 44 | | meaning assigned by Section 157.051. |
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45 | 45 | | (12) [(2)] "Professional nursing" means the |
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46 | 46 | | performance of an act that requires substantial specialized |
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47 | 47 | | judgment and skill, the proper performance of which is based on |
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48 | 48 | | knowledge and application of the principles of biological, |
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49 | 49 | | physical, and social science as acquired by a completed course in an |
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50 | 50 | | approved school of professional nursing. The term does not include |
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51 | 51 | | acts of medical diagnosis or the prescription of therapeutic or |
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52 | 52 | | corrective measures, except as performed by an advanced practice |
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53 | 53 | | registered nurse authorized to practice by the board under Section |
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54 | 54 | | 301.357. Professional nursing involves: |
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55 | 55 | | (A) the observation, assessment, intervention, |
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56 | 56 | | evaluation, rehabilitation, care and counsel, or health teachings |
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57 | 57 | | of a person who is ill, injured, infirm, or experiencing a change in |
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58 | 58 | | normal health processes; |
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59 | 59 | | (B) the maintenance of health or prevention of |
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60 | 60 | | illness; |
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61 | 61 | | (C) the administration of a medication or |
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62 | 62 | | treatment as ordered by a health care practitioner legally |
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63 | 63 | | authorized to prescribe the medication or treatment [physician, |
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64 | 64 | | podiatrist, or dentist]; |
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65 | 65 | | (D) the supervision or teaching of nursing; |
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66 | 66 | | (E) the administration, supervision, and |
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67 | 67 | | evaluation of nursing practices, policies, and procedures; |
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68 | 68 | | (F) the requesting, receiving, signing for, and |
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69 | 69 | | distribution of prescription drug samples to patients at practices |
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70 | 70 | | at which an advanced practice registered nurse is authorized to |
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71 | 71 | | sign prescription drug orders as provided by Subchapter B, Chapter |
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72 | 72 | | 157; |
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73 | 73 | | (G) the performance by an advanced practice |
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74 | 74 | | registered nurse of an act delegated by a physician under Section |
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75 | 75 | | 157.0512, 157.054, 157.058, or 157.059; [and] |
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76 | 76 | | (H) the development of the nursing care plan; and |
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77 | 77 | | (I) the performance of an act by an advanced |
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78 | 78 | | practice registered nurse authorized to practice by the board under |
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79 | 79 | | Section 301.357. |
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80 | 80 | | [(3) "Nurse" means a person required to be licensed |
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81 | 81 | | under this chapter to engage in professional or vocational nursing. |
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82 | 82 | | [(4) "Nursing" means professional or vocational |
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83 | 83 | | nursing.] |
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84 | 84 | | (13) [(5)] "Vocational nursing" means a directed |
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85 | 85 | | scope of nursing practice, including the performance of an act that |
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86 | 86 | | requires specialized judgment and skill, the proper performance of |
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87 | 87 | | which is based on knowledge and application of the principles of |
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88 | 88 | | biological, physical, and social science as acquired by a completed |
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89 | 89 | | course in an approved school of vocational nursing. The term does |
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90 | 90 | | not include acts of medical diagnosis or the prescription of |
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91 | 91 | | therapeutic or corrective measures. Vocational nursing involves: |
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92 | 92 | | (A) collecting data and performing focused |
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93 | 93 | | nursing assessments of the health status of an individual; |
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94 | 94 | | (B) participating in the planning of the nursing |
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95 | 95 | | care needs of an individual; |
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96 | 96 | | (C) participating in the development and |
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97 | 97 | | modification of the nursing care plan; |
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98 | 98 | | (D) participating in health teaching and |
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99 | 99 | | counseling to promote, attain, and maintain the optimum health |
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100 | 100 | | level of an individual; |
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101 | 101 | | (E) assisting in the evaluation of an |
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102 | 102 | | individual's response to a nursing intervention and the |
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103 | 103 | | identification of an individual's needs; and |
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104 | 104 | | (F) engaging in other acts that require education |
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105 | 105 | | and training, as prescribed by board rules and policies, |
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106 | 106 | | commensurate with the nurse's experience, continuing education, |
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107 | 107 | | and demonstrated competency. |
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108 | 108 | | SECTION 2.002. Section 301.005(b), Occupations Code, is |
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109 | 109 | | amended to read as follows: |
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110 | 110 | | (b) A reference in any other law to an "advanced nurse |
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111 | 111 | | practitioner," [practitioner" or] "advanced practice nurse," or |
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112 | 112 | | "advanced practice registered nurse" means an advanced practice |
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113 | 113 | | registered nurse. |
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114 | 114 | | SECTION 2.003. Sections 301.152(a) and (b), Occupations |
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115 | 115 | | Code, are amended to read as follows: |
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116 | 116 | | (a) [In this section, "advanced practice registered nurse" |
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117 | 117 | | means a registered nurse licensed by the board to practice as an |
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118 | 118 | | advanced practice registered nurse on the basis of completion of an |
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119 | 119 | | advanced educational program.] The term "advanced practice |
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120 | 120 | | registered nurse" includes a nurse practitioner, nurse midwife, |
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121 | 121 | | nurse anesthetist, and clinical nurse specialist. [The term is |
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122 | 122 | | synonymous with "advanced nurse practitioner" and "advanced |
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123 | 123 | | practice nurse."] |
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124 | 124 | | (b) The board shall adopt rules to: |
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125 | 125 | | (1) license a registered nurse as an advanced practice |
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126 | 126 | | registered nurse; |
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127 | 127 | | (2) establish: |
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128 | 128 | | (A) any specialized education or training, |
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129 | 129 | | including pharmacology, that an advanced practice registered nurse |
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130 | 130 | | must have to prescribe or order a drug or device as delegated by a |
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131 | 131 | | physician under Section 157.0512 or 157.054 or authorized by the |
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132 | 132 | | board under Section 301.358; |
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133 | 133 | | (B) a system for approving an advanced practice |
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134 | 134 | | registered nurse to prescribe or order a drug or device as delegated |
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135 | 135 | | by a physician under Section 157.0512 or 157.054 or authorized by |
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136 | 136 | | the board under Section 301.358 on the receipt of evidence of |
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137 | 137 | | completing the specialized education and training requirement |
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138 | 138 | | under Paragraph (A); and |
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139 | 139 | | (C) a system for issuing a prescription |
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140 | 140 | | authorization number to an advanced practice registered nurse |
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141 | 141 | | approved under Paragraph (B); and |
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142 | 142 | | (3) concurrently renew any license or approval granted |
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143 | 143 | | to an advanced practice registered nurse under this subsection and |
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144 | 144 | | a license renewed by the advanced practice registered nurse under |
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145 | 145 | | Section 301.301. |
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146 | 146 | | SECTION 2.004. Section 301.303(b), Occupations Code, is |
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147 | 147 | | amended to read as follows: |
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148 | 148 | | (b) Except as provided by a rule adopted under Section |
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149 | 149 | | 301.357(h) for an advanced practice registered nurse authorized by |
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150 | 150 | | the board to practice under that section, the [The] board may not |
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151 | 151 | | require participation in more than a total of 20 hours of continuing |
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152 | 152 | | education in a two-year licensing period. |
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153 | 153 | | SECTION 2.005. Subchapter H, Chapter 301, Occupations Code, |
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154 | 154 | | is amended by adding Sections 301.357, 301.358, and 301.359 to read |
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155 | 155 | | as follows: |
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156 | 156 | | Sec. 301.357. INDEPENDENT PRACTICE BY CERTAIN ADVANCED |
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157 | 157 | | PRACTICE REGISTERED NURSES. (a) The board shall authorize the |
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158 | 158 | | practice under this section of an advanced practice registered |
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159 | 159 | | nurse who applies for authorization under this section in the |
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160 | 160 | | manner prescribed by the board and who: |
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161 | 161 | | (1) is a nurse practitioner, nurse midwife, or |
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162 | 162 | | clinical nurse specialist; and |
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163 | 163 | | (2) either: |
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164 | 164 | | (A) has held an active unencumbered license as an |
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165 | 165 | | advanced practice registered nurse in any state for at least 10 |
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166 | 166 | | years or 20,000 hours, as determined by the board; or |
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167 | 167 | | (B) has: |
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168 | 168 | | (i) graduated from a program of nursing |
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169 | 169 | | education that has a physical presence in this state and has a |
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170 | 170 | | requirement of in-person clinical experience; and |
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171 | 171 | | (ii) practiced as an advanced practice |
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172 | 172 | | registered nurse under a prescriptive authority agreement with a |
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173 | 173 | | physician for at least four years or 8,000 hours, as determined by |
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174 | 174 | | the board. |
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175 | 175 | | (b) To be eligible for authorization to practice under this |
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176 | 176 | | section, an applicant described by Subsection (a) must: |
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177 | 177 | | (1) hold an active, unencumbered license to practice |
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178 | 178 | | as an advanced practice registered nurse in this state; |
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179 | 179 | | (2) hold a current national certification in the role |
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180 | 180 | | and population focus of the advanced practice registered nurse; |
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181 | 181 | | (3) have a bachelor's degree in nursing and a master's |
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182 | 182 | | or doctoral degree in nursing from a nationally accredited |
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183 | 183 | | educational program; |
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184 | 184 | | (4) have completed academic coursework in physical |
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185 | 185 | | assessment, advanced pharmacology, and advanced pathophysiology; |
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186 | 186 | | and |
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187 | 187 | | (5) not be the subject of any pending disciplinary |
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188 | 188 | | action or substantially equivalent action. |
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189 | 189 | | (c) The scope of practice of an advanced practice registered |
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190 | 190 | | nurse authorized to practice under this section includes: |
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191 | 191 | | (1) ordering, performing, and interpreting diagnostic |
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192 | 192 | | tests; |
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193 | 193 | | (2) formulating primary and differential medical |
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194 | 194 | | diagnoses and advanced assessments; |
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195 | 195 | | (3) treating actual and potential health problems; |
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196 | 196 | | (4) prescribing therapeutic and corrective measures, |
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197 | 197 | | including nutrition and diagnostic support services, home health |
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198 | 198 | | care, hospice care, physical therapy, and occupational therapy, and |
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199 | 199 | | delegating and assigning the performance of therapeutic and |
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200 | 200 | | corrective measures to assistive personnel; |
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201 | 201 | | (5) to the extent authorized by the board under |
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202 | 202 | | Section 301.358, prescribing, ordering, procuring, administering, |
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203 | 203 | | and dispensing drugs and devices, including blood and blood |
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204 | 204 | | products, controlled substances listed in Schedules III, IV, and V, |
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205 | 205 | | dangerous drugs, and nonprescription drugs; |
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206 | 206 | | (6) providing referrals to health care agencies, |
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207 | 207 | | health care providers, and community resources; |
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208 | 208 | | (7) serving as a primary care provider of record; and |
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209 | 209 | | (8) performing other acts that require education and |
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210 | 210 | | training consistent with professional standards and that are |
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211 | 211 | | commensurate with the advanced practice registered nurse's |
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212 | 212 | | education, licensure, and demonstrated competencies and |
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213 | 213 | | experience. |
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214 | 214 | | (d) Subject to Subsection (e), an advanced practice |
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215 | 215 | | registered nurse authorized to practice under this section shall |
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216 | 216 | | practice as a licensed independent practitioner in accordance with |
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217 | 217 | | standards established and recognized by the board to protect the |
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218 | 218 | | public health and safety. |
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219 | 219 | | (e) An advanced practice registered nurse authorized to |
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220 | 220 | | practice under this section may practice as a licensed independent |
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221 | 221 | | practitioner only in a county with a population of less than 68,750. |
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222 | 222 | | (f) An advanced practice registered nurse authorized to |
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223 | 223 | | practice under this section is accountable to patients, the nursing |
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224 | 224 | | profession, and the board for: |
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225 | 225 | | (1) complying with the requirements of this chapter; |
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226 | 226 | | (2) providing quality advanced nursing care; |
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227 | 227 | | (3) recognizing the limits of the nurse's knowledge; |
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228 | 228 | | (4) planning for the management of situations beyond |
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229 | 229 | | the nurse's expertise; and |
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230 | 230 | | (5) consulting with or referring patients to other |
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231 | 231 | | health care providers as appropriate. |
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232 | 232 | | (g) This section does not limit or modify the scope of |
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233 | 233 | | practice of a nurse who is not authorized to practice under this |
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234 | 234 | | section. |
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235 | 235 | | (h) The board by rule shall establish: |
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236 | 236 | | (1) the application process for authorization to |
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237 | 237 | | practice under this section; |
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238 | 238 | | (2) a requirement that an advanced practice registered |
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239 | 239 | | nurse authorized to practice under this section complete at least |
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240 | 240 | | 48 hours of continuing education, including 10 hours of continuing |
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241 | 241 | | education in pharmacology, every two years; and |
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242 | 242 | | (3) systems to: |
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243 | 243 | | (A) authorize an advanced practice registered |
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244 | 244 | | nurse to prescribe or order a drug or device under Section 301.358 |
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245 | 245 | | when the board receives evidence of the completion of any education |
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246 | 246 | | or training required by board rule; and |
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247 | 247 | | (B) concurrently renew for an advanced practice |
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248 | 248 | | registered nurse: |
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249 | 249 | | (i) an authorization issued under this |
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250 | 250 | | section or Section 301.358; and |
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251 | 251 | | (ii) a license issued under rules adopted |
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252 | 252 | | under Section 301.152 or renewed under Section 301.301. |
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253 | 253 | | Sec. 301.358. PRESCRIBING AND ORDERING AUTHORITY OF |
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254 | 254 | | ADVANCED PRACTICE REGISTERED NURSE. The board may authorize an |
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255 | 255 | | advanced practice registered nurse authorized to practice by the |
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256 | 256 | | board under Section 301.357 to prescribe and order drugs and |
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257 | 257 | | devices, including controlled substances listed in Schedules III, |
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258 | 258 | | IV, and V, dangerous drugs, and nonprescription drugs. |
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259 | 259 | | Sec. 301.359. REPORT TO BOARD. (a) An advanced practice |
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260 | 260 | | registered nurse authorized to practice by the board under Section |
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261 | 261 | | 301.357 shall, not later than January 15 of each year, submit to the |
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262 | 262 | | board a report that includes for the preceding calendar year: |
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263 | 263 | | (1) the location of each setting in which the advanced |
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264 | 264 | | practice registered nurse practiced as an independent |
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265 | 265 | | practitioner, including the county in which the setting is located; |
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266 | 266 | | (2) the number of patients to whom the advanced |
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267 | 267 | | practice registered nurse practiced as an independent |
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268 | 268 | | practitioner; and |
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269 | 269 | | (3) the number of instances in which the advanced |
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270 | 270 | | practice registered nurse: |
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271 | 271 | | (A) referred the patient to a physician for the |
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272 | 272 | | prescription of a controlled substance listed in Schedule II; or |
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273 | 273 | | (B) prescribed a controlled substance listed in |
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274 | 274 | | Schedule II to a patient under a prescriptive authority agreement |
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275 | 275 | | with a physician. |
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276 | 276 | | (b) An advanced practice registered nurse authorized to |
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277 | 277 | | practice by the board under Section 301.357 shall notify the board |
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278 | 278 | | if the advanced practice registered nurse practices as an |
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279 | 279 | | independent practitioner at a location other than the practice |
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280 | 280 | | setting identified in the report submitted to the board under |
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281 | 281 | | Subsection (a) for the previous calendar year. |
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282 | 282 | | (c) The board shall annually aggregate, anonymize, and |
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283 | 283 | | publish on the board's Internet website the information submitted |
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284 | 284 | | by each advanced practice registered nurse under Subsection (a). |
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285 | 285 | | ARTICLE 3. DELEGATION AND PRESCRIPTIVE AUTHORITY AGREEMENTS |
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286 | 286 | | SECTION 3.001. Section 157.0512(c), Occupations Code, is |
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287 | 287 | | amended to read as follows: |
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288 | 288 | | (c) Except as provided by Subsection (d), the combined |
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289 | 289 | | number of advanced practice registered nurses and physician |
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290 | 290 | | assistants with whom a physician may enter into a prescriptive |
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291 | 291 | | authority agreement may not exceed nine [seven] advanced practice |
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292 | 292 | | registered nurses and physician assistants or the full-time |
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293 | 293 | | equivalent of seven advanced practice registered nurses and |
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294 | 294 | | physician assistants. |
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295 | 295 | | SECTION 3.002. Chapter 157, Occupations Code, is amended by |
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296 | 296 | | adding Subchapter D to read as follows: |
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297 | 297 | | SUBCHAPTER D. DELEGATION AGREEMENTS WITH |
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298 | 298 | | ADVANCED PRACTICE REGISTERED NURSES |
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299 | 299 | | Sec. 157.151. NONDISCLOSURE AGREEMENTS. A delegation |
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300 | 300 | | agreement, including a prescriptive authority agreement, between a |
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301 | 301 | | physician and an advanced practice registered nurse may not include |
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302 | 302 | | or be the subject of a nondisclosure agreement. |
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303 | 303 | | Sec. 157.152. REPORTING BY PHYSICIAN; REPORT TO BOARD. (a) |
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304 | 304 | | A physician who enters into a delegation agreement with an advanced |
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305 | 305 | | practice registered nurse, including a prescriptive authority |
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306 | 306 | | agreement under Section 157.0512, shall, not later than January 15 |
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307 | 307 | | of each year, submit to the board a report that includes for the |
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308 | 308 | | preceding calendar year: |
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309 | 309 | | (1) the amount of any fee the physician charges the |
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310 | 310 | | advanced practice registered nurse to enter into the agreement; |
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311 | 311 | | (2) any restriction or limitation the physician places |
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312 | 312 | | on the advanced practice registered nurse's practice under the |
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313 | 313 | | agreement; |
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314 | 314 | | (3) any instance in which the physician changes the |
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315 | 315 | | diagnosis or course of treatment of a patient of the advanced |
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316 | 316 | | practice registered nurse; and |
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317 | 317 | | (4) the number of case files the physician reviews |
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318 | 318 | | each month. |
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319 | 319 | | (b) The board shall annually aggregate, anonymize, and |
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320 | 320 | | publish on the board's Internet website the information submitted |
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321 | 321 | | by each physician under Subsection (a). |
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322 | 322 | | Sec. 157.153. COMPLAINT REGARDING ADVANCED PRACTICE |
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323 | 323 | | REGISTERED NURSE UNDER DELEGATION AGREEMENT. (a) The board shall |
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324 | 324 | | disaggregate from information the board maintains regarding |
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325 | 325 | | complaints against a physician any information regarding a |
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326 | 326 | | complaint against an advanced practice registered nurse practicing |
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327 | 327 | | under a delegation agreement with the physician. |
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328 | 328 | | (b) The board shall separately maintain information |
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329 | 329 | | regarding complaints against an advanced practice registered nurse |
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330 | 330 | | practicing under a delegation agreement with the physician. The |
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331 | 331 | | information maintained under this subsection must include: |
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332 | 332 | | (1) the specialization of the advanced practice |
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333 | 333 | | registered nurse who is the subject of the complaint; and |
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334 | 334 | | (2) the disposition of the complaint, including any |
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335 | 335 | | disciplinary action taken. |
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336 | 336 | | ARTICLE 4. CONFORMING AMENDMENTS |
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337 | 337 | | SECTION 4.001. Section 38.151(1), Education Code, is |
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338 | 338 | | amended to read as follows: |
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339 | 339 | | (1) "Advanced practice nurse" has the meaning assigned |
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340 | 340 | | to "advanced practice registered nurse" by Section 301.002 |
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341 | 341 | | [301.152], Occupations Code. |
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342 | 342 | | SECTION 4.002. Section 38.211(a), Education Code, is |
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343 | 343 | | amended to read as follows: |
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344 | 344 | | (a) A physician, a [or] person who has been delegated |
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345 | 345 | | prescriptive authority under Chapter 157, Occupations Code, or an |
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346 | 346 | | advanced practice registered nurse authorized to prescribe and |
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347 | 347 | | order drugs and devices under Section 301.358, Occupations Code, |
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348 | 348 | | may prescribe epinephrine auto-injectors or medication for |
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349 | 349 | | respiratory distress in the name of a school district, |
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350 | 350 | | open-enrollment charter school, or private school. |
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351 | 351 | | SECTION 4.003. Section 38.225(a), Education Code, is |
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352 | 352 | | amended to read as follows: |
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353 | 353 | | (a) A physician, a [or] person who has been delegated |
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354 | 354 | | prescriptive authority under Chapter 157, Occupations Code, or an |
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355 | 355 | | advanced practice registered nurse authorized to prescribe and |
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356 | 356 | | order drugs and devices under Section 301.358, Occupations Code, |
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357 | 357 | | may prescribe opioid antagonists in the name of a school district, |
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358 | 358 | | open-enrollment charter school, or private school. |
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359 | 359 | | SECTION 4.004. Section 61.601, Education Code, is amended |
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360 | 360 | | to read as follows: |
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361 | 361 | | Sec. 61.601. DEFINITION. In this subchapter, "mental |
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362 | 362 | | health professional" means: |
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363 | 363 | | (1) a licensed physician who is: |
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364 | 364 | | (A) a graduate of an accredited psychiatric |
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365 | 365 | | residency training program; or |
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366 | 366 | | (B) certified in psychiatry by: |
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367 | 367 | | (i) the American Board of Psychiatry and |
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368 | 368 | | Neurology; or |
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369 | 369 | | (ii) the American Osteopathic Board of |
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370 | 370 | | Neurology and Psychiatry; |
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371 | 371 | | (2) a psychologist, as defined by Section 501.002, |
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372 | 372 | | Occupations Code; |
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373 | 373 | | (3) a licensed professional counselor, as defined by |
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374 | 374 | | Section 503.002, Occupations Code; |
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375 | 375 | | (4) an advanced practice registered nurse, as defined |
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376 | 376 | | by Section 301.002 [301.152], Occupations Code, who holds a |
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377 | 377 | | nationally recognized board certification in psychiatric or mental |
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378 | 378 | | health nursing; |
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379 | 379 | | (5) a licensed clinical social worker, as defined by |
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380 | 380 | | Section 505.002, Occupations Code; |
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381 | 381 | | (6) a licensed specialist in school psychology, as |
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382 | 382 | | defined by Section 501.002, Occupations Code; |
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383 | 383 | | (7) a chemical dependency counselor, as defined by |
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384 | 384 | | Section 504.001, Occupations Code; and |
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385 | 385 | | (8) a licensed marriage and family therapist, as |
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386 | 386 | | defined by Section 502.002, Occupations Code. |
---|
387 | 387 | | SECTION 4.005. Section 1101.100(1), Estates Code, is |
---|
388 | 388 | | amended to read as follows: |
---|
389 | 389 | | (1) "Advanced practice registered nurse" has the |
---|
390 | 390 | | meaning assigned by Section 301.002 [301.152], Occupations Code. |
---|
391 | 391 | | SECTION 4.006. Section 671.001(b), Government Code, is |
---|
392 | 392 | | amended to read as follows: |
---|
393 | 393 | | (b) The pilot program must provide for the following: |
---|
394 | 394 | | (1) either: |
---|
395 | 395 | | (A) both: |
---|
396 | 396 | | (i) a licensed advanced practice registered |
---|
397 | 397 | | nurse as defined by Section 301.002 [301.152], Occupations Code, or |
---|
398 | 398 | | a licensed physician assistant as described by Chapter 204, |
---|
399 | 399 | | Occupations Code, who is employed by the state or whose services are |
---|
400 | 400 | | acquired by contract, who will be located at a state office complex; |
---|
401 | 401 | | and |
---|
402 | 402 | | (ii) [(2)] a licensed physician, who is |
---|
403 | 403 | | employed by a state governmental entity for purposes other than the |
---|
404 | 404 | | pilot program or whose services are acquired by contract, who will |
---|
405 | 405 | | delegate to and supervise the advanced practice registered nurse or |
---|
406 | 406 | | physician assistant under a prescriptive authority agreement under |
---|
407 | 407 | | Chapter 157, Occupations Code; or |
---|
408 | 408 | | (B) an advanced practice registered nurse |
---|
409 | 409 | | authorized to practice under Section 301.357, Occupations Code; |
---|
410 | 410 | | (2) [(3)] appropriate office space and equipment for |
---|
411 | 411 | | the advanced practice registered nurse or physician assistant to |
---|
412 | 412 | | provide basic medical care to employees at the state office complex |
---|
413 | 413 | | where the nurse or physician assistant is located; and |
---|
414 | 414 | | (3) [(4)] professional liability insurance covering |
---|
415 | 415 | | services provided by the advanced practice registered nurse or the |
---|
416 | 416 | | physician assistant. |
---|
417 | 417 | | SECTION 4.007. Section 47.011(a), Health and Safety Code, |
---|
418 | 418 | | is amended to read as follows: |
---|
419 | 419 | | (a) In this section, "midwife" has the meaning assigned by |
---|
420 | 420 | | Section 203.002, Occupations Code, and includes a nurse midwife |
---|
421 | 421 | | [described by Section 301.152, Occupations Code]. |
---|
422 | 422 | | SECTION 4.008. Sections 161.0052(b) and (c), Health and |
---|
423 | 423 | | Safety Code, are amended to read as follows: |
---|
424 | 424 | | (b) The executive commissioner by rule shall require a |
---|
425 | 425 | | hospital to inform each elderly person admitted to the hospital for |
---|
426 | 426 | | a period of 24 hours or more that the pneumococcal and influenza |
---|
427 | 427 | | vaccines are available. If the elderly person requests a vaccine, |
---|
428 | 428 | | and if a physician, or an advanced practice registered nurse |
---|
429 | 429 | | [practitioner] or physician assistant on behalf of a physician, or |
---|
430 | 430 | | an advanced practice registered nurse authorized to prescribe and |
---|
431 | 431 | | order drugs and devices under Section 301.358, Occupations Code, |
---|
432 | 432 | | determines that the vaccine is in the person's best interest, the |
---|
433 | 433 | | hospital must make the vaccination available to the person before |
---|
434 | 434 | | the person is discharged from the hospital. |
---|
435 | 435 | | (c) The executive commissioner by rule shall require an end |
---|
436 | 436 | | stage renal disease facility to offer, to the extent possible as |
---|
437 | 437 | | determined by the facility, the opportunity to receive the |
---|
438 | 438 | | pneumococcal and influenza vaccines to each elderly person who |
---|
439 | 439 | | receives ongoing care at the facility if a physician, or an advanced |
---|
440 | 440 | | practice registered nurse [practitioner] or physician assistant on |
---|
441 | 441 | | behalf of a physician, or an advanced practice registered nurse |
---|
442 | 442 | | authorized to prescribe and order drugs and devices under Section |
---|
443 | 443 | | 301.358, Occupations Code, determines that the vaccine is in the |
---|
444 | 444 | | person's best interest. If the facility decides it is not feasible |
---|
445 | 445 | | to offer the vaccine, the facility must provide the person with |
---|
446 | 446 | | information on other options for obtaining the vaccine. |
---|
447 | 447 | | SECTION 4.009. Section 401.504(d), Health and Safety Code, |
---|
448 | 448 | | is amended to read as follows: |
---|
449 | 449 | | (d) This subchapter does not apply to a physician, [or to] a |
---|
450 | 450 | | physician's employee or delegate acting under Chapter 157, |
---|
451 | 451 | | Occupations Code, or an advanced practice registered nurse |
---|
452 | 452 | | authorized to prescribe and order drugs and devices under Section |
---|
453 | 453 | | 301.358, Occupations Code. |
---|
454 | 454 | | SECTION 4.010. Section 481.002(39), Health and Safety Code, |
---|
455 | 455 | | is amended to read as follows: |
---|
456 | 456 | | (39) "Practitioner" means: |
---|
457 | 457 | | (A) a physician, dentist, veterinarian, |
---|
458 | 458 | | podiatrist, scientific investigator, advanced practice registered |
---|
459 | 459 | | nurse authorized to prescribe and order drugs and devices under |
---|
460 | 460 | | Section 301.358, Occupations Code, or other person licensed, |
---|
461 | 461 | | registered, or otherwise permitted to distribute, dispense, |
---|
462 | 462 | | analyze, conduct research with respect to, or administer a |
---|
463 | 463 | | controlled substance in the course of professional practice or |
---|
464 | 464 | | research in this state; |
---|
465 | 465 | | (B) a pharmacy, hospital, or other institution |
---|
466 | 466 | | licensed, registered, or otherwise permitted to distribute, |
---|
467 | 467 | | dispense, conduct research with respect to, or administer a |
---|
468 | 468 | | controlled substance in the course of professional practice or |
---|
469 | 469 | | research in this state; |
---|
470 | 470 | | (C) a person practicing in and licensed by |
---|
471 | 471 | | another state as a physician, dentist, veterinarian, advanced |
---|
472 | 472 | | practice registered nurse, or podiatrist, having a current Federal |
---|
473 | 473 | | Drug Enforcement Administration registration number, who may |
---|
474 | 474 | | legally prescribe Schedule II, III, IV, or V controlled substances |
---|
475 | 475 | | in that state; or |
---|
476 | 476 | | (D) an advanced practice registered nurse or |
---|
477 | 477 | | physician assistant to whom a physician has delegated the authority |
---|
478 | 478 | | to prescribe or order a drug or device under Section 157.0511, |
---|
479 | 479 | | 157.0512, or 157.054, Occupations Code. |
---|
480 | 480 | | SECTION 4.011. Section 481.074(d), Health and Safety Code, |
---|
481 | 481 | | is amended to read as follows: |
---|
482 | 482 | | (d) Except as specified in Subsections (e) and (f), the |
---|
483 | 483 | | board, by rule and in consultation with the Texas Medical Board and |
---|
484 | 484 | | the Texas Board of Nursing, shall establish the period after the |
---|
485 | 485 | | date on which the prescription is issued that a person may fill a |
---|
486 | 486 | | prescription for a controlled substance listed in Schedule II. A |
---|
487 | 487 | | person may not refill a prescription for a substance listed in |
---|
488 | 488 | | Schedule II. |
---|
489 | 489 | | SECTION 4.012. Section 481.076(c), Health and Safety Code, |
---|
490 | 490 | | is amended to read as follows: |
---|
491 | 491 | | (c) The board by rule shall design and implement a system |
---|
492 | 492 | | for submission of information to the board by electronic or other |
---|
493 | 493 | | means and for retrieval of information submitted to the board under |
---|
494 | 494 | | this section and Sections 481.074 and 481.075. The board shall use |
---|
495 | 495 | | automated information security techniques and devices to preclude |
---|
496 | 496 | | improper access to the information. The board shall submit the |
---|
497 | 497 | | system design to the director, [and] the Texas Medical Board, and |
---|
498 | 498 | | the Texas Board of Nursing for review and comment a reasonable time |
---|
499 | 499 | | before implementation of the system and shall comply with the |
---|
500 | 500 | | comments of those agencies unless it is unreasonable to do so. |
---|
501 | 501 | | SECTION 4.013. Section 481.0767(b), Health and Safety Code, |
---|
502 | 502 | | is amended to read as follows: |
---|
503 | 503 | | (b) The board shall appoint the following members to the |
---|
504 | 504 | | advisory committee: |
---|
505 | 505 | | (1) a physician licensed in this state who practices |
---|
506 | 506 | | in pain management; |
---|
507 | 507 | | (2) a physician licensed in this state who practices |
---|
508 | 508 | | in family medicine; |
---|
509 | 509 | | (3) a physician licensed in this state who performs |
---|
510 | 510 | | surgery; |
---|
511 | 511 | | (4) a physician licensed in this state who practices |
---|
512 | 512 | | in emergency medicine at a hospital; |
---|
513 | 513 | | (5) a physician licensed in this state who practices |
---|
514 | 514 | | in psychiatry; |
---|
515 | 515 | | (6) an oral and maxillofacial surgeon; |
---|
516 | 516 | | (7) a physician assistant or advanced practice |
---|
517 | 517 | | registered nurse to whom a physician has delegated the authority to |
---|
518 | 518 | | prescribe or order a drug or an advanced practice registered nurse |
---|
519 | 519 | | authorized to prescribe and order drugs and devices under Section |
---|
520 | 520 | | 301.358, Occupations Code; |
---|
521 | 521 | | (8) a pharmacist working at a chain pharmacy; |
---|
522 | 522 | | (9) a pharmacist working at an independent pharmacy; |
---|
523 | 523 | | (10) an academic pharmacist; and |
---|
524 | 524 | | (11) two representatives of the health information |
---|
525 | 525 | | technology industry, at least one of whom is a representative of a |
---|
526 | 526 | | company whose primary line of business is electronic medical |
---|
527 | 527 | | records. |
---|
528 | 528 | | SECTION 4.014. Sections 483.001(4), (12), and (13), Health |
---|
529 | 529 | | and Safety Code, are amended to read as follows: |
---|
530 | 530 | | (4) "Designated agent" means: |
---|
531 | 531 | | (A) a licensed nurse, physician assistant, |
---|
532 | 532 | | pharmacist, or other individual designated by a practitioner to |
---|
533 | 533 | | communicate prescription drug orders to a pharmacist; |
---|
534 | 534 | | (B) a licensed nurse, physician assistant, or |
---|
535 | 535 | | pharmacist employed in a health care facility to whom the |
---|
536 | 536 | | practitioner communicates a prescription drug order; or |
---|
537 | 537 | | (C) an advanced practice [a] registered nurse or |
---|
538 | 538 | | physician assistant authorized by a practitioner to carry out a |
---|
539 | 539 | | prescription drug order for dangerous drugs under Subchapter B, |
---|
540 | 540 | | Chapter 157, Occupations Code. |
---|
541 | 541 | | (12) "Practitioner" means: |
---|
542 | 542 | | (A) a person licensed by: |
---|
543 | 543 | | (i) the Texas Medical Board, State Board of |
---|
544 | 544 | | Dental Examiners, Texas Optometry Board, or State Board of |
---|
545 | 545 | | Veterinary Medical Examiners to prescribe and administer dangerous |
---|
546 | 546 | | drugs; or |
---|
547 | 547 | | (ii) the Texas Department of Licensing and |
---|
548 | 548 | | Regulation, with respect to podiatry, to prescribe and administer |
---|
549 | 549 | | dangerous drugs; |
---|
550 | 550 | | (B) a person licensed by another state in a |
---|
551 | 551 | | health field in which, under the laws of this state, a licensee may |
---|
552 | 552 | | legally prescribe dangerous drugs; |
---|
553 | 553 | | (C) a person licensed in Canada or Mexico in a |
---|
554 | 554 | | health field in which, under the laws of this state, a licensee may |
---|
555 | 555 | | legally prescribe dangerous drugs; [or] |
---|
556 | 556 | | (D) an advanced practice registered nurse or |
---|
557 | 557 | | physician assistant to whom a physician has delegated the authority |
---|
558 | 558 | | to prescribe or order a drug or device under Section 157.0511, |
---|
559 | 559 | | 157.0512, or 157.054, Occupations Code; or |
---|
560 | 560 | | (E) an advanced practice registered nurse |
---|
561 | 561 | | authorized to prescribe and order drugs and devices under Section |
---|
562 | 562 | | 301.358, Occupations Code. |
---|
563 | 563 | | (13) "Prescription" means an order from a |
---|
564 | 564 | | practitioner, or an agent of the practitioner designated in writing |
---|
565 | 565 | | as authorized to communicate prescriptions, or an order made in |
---|
566 | 566 | | accordance with Subchapter B, Chapter 157, Occupations Code, or |
---|
567 | 567 | | Section 203.353, Occupations Code, to a pharmacist for a dangerous |
---|
568 | 568 | | drug to be dispensed that states: |
---|
569 | 569 | | (A) the date of the order's issue; |
---|
570 | 570 | | (B) the name and address of the patient; |
---|
571 | 571 | | (C) if the drug is prescribed for an animal, the |
---|
572 | 572 | | species of the animal; |
---|
573 | 573 | | (D) the name and quantity of the drug prescribed; |
---|
574 | 574 | | (E) the directions for the use of the drug; |
---|
575 | 575 | | (F) the intended use of the drug unless the |
---|
576 | 576 | | practitioner determines the furnishing of this information is not |
---|
577 | 577 | | in the best interest of the patient; |
---|
578 | 578 | | (G) the name, address, and telephone number of |
---|
579 | 579 | | the practitioner at the practitioner's usual place of business, |
---|
580 | 580 | | legibly printed or stamped; and |
---|
581 | 581 | | (H) the name, address, and telephone number of |
---|
582 | 582 | | the licensed midwife, advanced practice registered nurse, or |
---|
583 | 583 | | physician assistant, legibly printed or stamped, if signed by a |
---|
584 | 584 | | licensed midwife, advanced practice registered nurse, or physician |
---|
585 | 585 | | assistant. |
---|
586 | 586 | | SECTION 4.015. Section 483.022(f), Health and Safety Code, |
---|
587 | 587 | | is amended to read as follows: |
---|
588 | 588 | | (f) A practitioner may designate a person who is a licensed |
---|
589 | 589 | | vocational nurse or has an education equivalent to or greater than |
---|
590 | 590 | | that required for a licensed vocational nurse to communicate |
---|
591 | 591 | | prescriptions of an advanced practice registered nurse or physician |
---|
592 | 592 | | assistant authorized by the practitioner to sign prescription drug |
---|
593 | 593 | | orders under Subchapter B, Chapter 157, Occupations Code, or of an |
---|
594 | 594 | | advanced practice registered nurse authorized to prescribe and |
---|
595 | 595 | | order drugs and devices under Section 301.358, Occupations Code. |
---|
596 | 596 | | SECTION 4.016. Section 483.042(a), Health and Safety Code, |
---|
597 | 597 | | is amended to read as follows: |
---|
598 | 598 | | (a) A person commits an offense if the person delivers or |
---|
599 | 599 | | offers to deliver a dangerous drug: |
---|
600 | 600 | | (1) unless: |
---|
601 | 601 | | (A) the dangerous drug is delivered or offered |
---|
602 | 602 | | for delivery by a pharmacist under: |
---|
603 | 603 | | (i) a prescription issued by a practitioner |
---|
604 | 604 | | described by Section 483.001(12)(A), [or] (B), or (E); |
---|
605 | 605 | | (ii) a prescription signed by an advanced |
---|
606 | 606 | | practice [a] registered nurse or physician assistant in accordance |
---|
607 | 607 | | with Subchapter B, Chapter 157, Occupations Code; or |
---|
608 | 608 | | (iii) an original written prescription |
---|
609 | 609 | | issued by a practitioner described by Section 483.001(12)(C); and |
---|
610 | 610 | | (B) a label is attached to the immediate |
---|
611 | 611 | | container in which the drug is delivered or offered to be delivered |
---|
612 | 612 | | and the label contains the following information: |
---|
613 | 613 | | (i) the name and address of the pharmacy |
---|
614 | 614 | | from which the drug is delivered or offered for delivery; |
---|
615 | 615 | | (ii) the date the prescription for the drug |
---|
616 | 616 | | is dispensed; |
---|
617 | 617 | | (iii) the number of the prescription as |
---|
618 | 618 | | filed in the prescription files of the pharmacy from which the |
---|
619 | 619 | | prescription is dispensed; |
---|
620 | 620 | | (iv) the name of the practitioner who |
---|
621 | 621 | | prescribed the drug and, if applicable, the name of the advanced |
---|
622 | 622 | | practice registered nurse or physician assistant who signed the |
---|
623 | 623 | | prescription; |
---|
624 | 624 | | (v) the name of the patient and, if the drug |
---|
625 | 625 | | is prescribed for an animal, a statement of the species of the |
---|
626 | 626 | | animal; and |
---|
627 | 627 | | (vi) directions for the use of the drug as |
---|
628 | 628 | | contained in the prescription; or |
---|
629 | 629 | | (2) unless: |
---|
630 | 630 | | (A) the dangerous drug is delivered or offered |
---|
631 | 631 | | for delivery by: |
---|
632 | 632 | | (i) a practitioner in the course of |
---|
633 | 633 | | practice; or |
---|
634 | 634 | | (ii) an advanced practice [a] registered |
---|
635 | 635 | | nurse or physician assistant in the course of practice in |
---|
636 | 636 | | accordance with Subchapter B, Chapter 157, Occupations Code; and |
---|
637 | 637 | | (B) a label is attached to the immediate |
---|
638 | 638 | | container in which the drug is delivered or offered to be delivered |
---|
639 | 639 | | and the label contains the following information: |
---|
640 | 640 | | (i) the name and address of the |
---|
641 | 641 | | practitioner who prescribed the drug, and if applicable, the name |
---|
642 | 642 | | and address of the advanced practice registered nurse or physician |
---|
643 | 643 | | assistant; |
---|
644 | 644 | | (ii) the date the drug is delivered; |
---|
645 | 645 | | (iii) the name of the patient and, if the |
---|
646 | 646 | | drug is prescribed for an animal, a statement of the species of the |
---|
647 | 647 | | animal; and |
---|
648 | 648 | | (iv) the name of the drug, the strength of |
---|
649 | 649 | | the drug, and directions for the use of the drug. |
---|
650 | 650 | | SECTION 4.017. Section 773.0145(k), Health and Safety Code, |
---|
651 | 651 | | is amended to read as follows: |
---|
652 | 652 | | (k) A physician, a [or] person who has been delegated |
---|
653 | 653 | | prescriptive authority under Chapter 157, Occupations Code, or an |
---|
654 | 654 | | advanced practice registered nurse authorized to prescribe and |
---|
655 | 655 | | order drugs and devices under Section 301.358, Occupations Code, |
---|
656 | 656 | | may prescribe epinephrine auto-injectors in the name of an entity. |
---|
657 | 657 | | SECTION 4.018. Section 32.024(gg), Human Resources Code, is |
---|
658 | 658 | | amended to read as follows: |
---|
659 | 659 | | (gg) Notwithstanding any other law, including Sections |
---|
660 | 660 | | 843.312 and 1301.052, Insurance Code, the commission shall ensure |
---|
661 | 661 | | that advanced practice registered nurses and physician assistants |
---|
662 | 662 | | may be selected by and assigned to recipients of medical assistance |
---|
663 | 663 | | as the primary care providers of those recipients regardless of |
---|
664 | 664 | | whether, if applicable, the physician supervising the advanced |
---|
665 | 665 | | practice registered nurse is included in any directory of providers |
---|
666 | 666 | | of medical assistance maintained by the commission. This |
---|
667 | 667 | | subsection may not be construed as authorizing the commission to |
---|
668 | 668 | | supervise or control the practice of medicine as prohibited by |
---|
669 | 669 | | Subtitle B, Title 3, Occupations Code. The commission must require |
---|
670 | 670 | | that advanced practice registered nurses and physician assistants |
---|
671 | 671 | | be treated in the same manner as primary care physicians with regard |
---|
672 | 672 | | to: |
---|
673 | 673 | | (1) selection and assignment as primary care |
---|
674 | 674 | | providers; and |
---|
675 | 675 | | (2) inclusion as primary care providers in any |
---|
676 | 676 | | directory of providers of medical assistance maintained by the |
---|
677 | 677 | | commission. |
---|
678 | 678 | | SECTION 4.019. Section 32.03141, Human Resources Code, is |
---|
679 | 679 | | amended to read as follows: |
---|
680 | 680 | | Sec. 32.03141. AUTHORITY OF ADVANCED PRACTICE REGISTERED |
---|
681 | 681 | | NURSES AND PHYSICIAN ASSISTANTS REGARDING DURABLE MEDICAL |
---|
682 | 682 | | EQUIPMENT AND SUPPLIES. To the extent allowed by federal law, in |
---|
683 | 683 | | addition to other health care practitioners authorized by federal |
---|
684 | 684 | | law, the following persons may order and prescribe durable medical |
---|
685 | 685 | | equipment and supplies under the medical assistance program: |
---|
686 | 686 | | (1) an advanced practice registered nurse authorized |
---|
687 | 687 | | to prescribe and order drugs and devices under Section 301.358, |
---|
688 | 688 | | Occupations Code; and |
---|
689 | 689 | | (2) an advanced practice registered nurse or physician |
---|
690 | 690 | | assistant acting under adequate physician supervision and to whom a |
---|
691 | 691 | | physician has delegated the authority to prescribe and order drugs |
---|
692 | 692 | | and devices under Chapter 157, Occupations Code[, may order and |
---|
693 | 693 | | prescribe durable medical equipment and supplies under the medical |
---|
694 | 694 | | assistance program]. |
---|
695 | 695 | | SECTION 4.020. Section 42.067(b), Human Resources Code, is |
---|
696 | 696 | | amended to read as follows: |
---|
697 | 697 | | (b) A physician, [or] a person who has been delegated |
---|
698 | 698 | | prescriptive authority under Chapter 157, Occupations Code, or an |
---|
699 | 699 | | advanced practice registered nurse authorized to prescribe and |
---|
700 | 700 | | order drugs and devices under Section 301.358, Occupations Code, |
---|
701 | 701 | | may prescribe epinephrine auto-injectors in the name of a day-care |
---|
702 | 702 | | center. |
---|
703 | 703 | | SECTION 4.021. Section 843.312, Insurance Code, is amended |
---|
704 | 704 | | to read as follows: |
---|
705 | 705 | | Sec. 843.312. PHYSICIAN ASSISTANTS AND ADVANCED PRACTICE |
---|
706 | 706 | | REGISTERED NURSES. (a) A health maintenance organization may not |
---|
707 | 707 | | refuse a request by a physician participating in the health |
---|
708 | 708 | | maintenance organization delivery network and a physician |
---|
709 | 709 | | assistant or advanced practice registered nurse who is authorized |
---|
710 | 710 | | by the physician to provide care under Subchapter B, Chapter 157, |
---|
711 | 711 | | Occupations Code, or an advanced practice registered nurse |
---|
712 | 712 | | authorized to prescribe and order drugs and devices under Section |
---|
713 | 713 | | 301.358, Occupations Code, to identify a physician assistant or |
---|
714 | 714 | | advanced practice registered nurse as a provider in the network. |
---|
715 | 715 | | (b) A health maintenance organization may refuse a request |
---|
716 | 716 | | under Subsection (a) if the physician assistant or advanced |
---|
717 | 717 | | practice registered nurse does not meet the quality of care |
---|
718 | 718 | | standards previously established by the health maintenance |
---|
719 | 719 | | organization for participation in the network by physician |
---|
720 | 720 | | assistants and advanced practice registered nurses. |
---|
721 | 721 | | SECTION 4.022. Section 1301.001(1-a), Insurance Code, is |
---|
722 | 722 | | amended to read as follows: |
---|
723 | 723 | | (1-a) "Health care provider" means a practitioner, |
---|
724 | 724 | | institutional provider, or other person or organization that |
---|
725 | 725 | | furnishes health care services and that is licensed or otherwise |
---|
726 | 726 | | authorized to practice in this state. The term includes a |
---|
727 | 727 | | pharmacist, [and] a pharmacy, and an advanced practice registered |
---|
728 | 728 | | nurse authorized to practice under Section 301.357, Occupations |
---|
729 | 729 | | Code. The term does not include a physician. |
---|
730 | 730 | | SECTION 4.023. Section 1452.051(1), Insurance Code, is |
---|
731 | 731 | | amended to read as follows: |
---|
732 | 732 | | (1) "Advanced practice nurse" has the meaning assigned |
---|
733 | 733 | | to "advanced practice registered nurse" by Section 301.002 |
---|
734 | 734 | | [301.152], Occupations Code. |
---|
735 | 735 | | SECTION 4.024. Section 408.025, Labor Code, is amended by |
---|
736 | 736 | | amending Subsection (a-1) and adding Subsection (a-2) to read as |
---|
737 | 737 | | follows: |
---|
738 | 738 | | (a-1) A [treating doctor may delegate to a physician |
---|
739 | 739 | | assistant who is licensed to practice in this state under Chapter |
---|
740 | 740 | | 204, Occupations Code, or an advanced practice registered nurse who |
---|
741 | 741 | | is licensed to practice in this state under Chapter 301, |
---|
742 | 742 | | Occupations Code, the authority to complete and sign a] work status |
---|
743 | 743 | | report regarding an injured employee's ability to return to work |
---|
744 | 744 | | may be completed and signed by: |
---|
745 | 745 | | (1) a physician assistant licensed to practice in this |
---|
746 | 746 | | state under Chapter 204, Occupations Code, who has been delegated |
---|
747 | 747 | | the authority by a treating doctor; |
---|
748 | 748 | | (2) an advanced practice registered nurse licensed to |
---|
749 | 749 | | practice in this state under Chapter 301, Occupations Code, who has |
---|
750 | 750 | | been delegated the authority by a treating doctor; or |
---|
751 | 751 | | (3) an advanced practice registered nurse authorized |
---|
752 | 752 | | to practice under Section 301.357, Occupations Code. |
---|
753 | 753 | | (a-2) The delegating treating doctor is responsible for the |
---|
754 | 754 | | acts of a [the] physician assistant [or advanced practice |
---|
755 | 755 | | registered nurse] under Subsection (a-1)(1) or an advanced practice |
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756 | 756 | | registered nurse under Subsection (a-1)(2) [this subsection]. |
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757 | 757 | | SECTION 4.025. Section 157.051(1), Occupations Code, is |
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758 | 758 | | amended to read as follows: |
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759 | 759 | | (1) "Advanced practice registered nurse" has the |
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760 | 760 | | meaning assigned [to that term] by Section 301.002 [301.152]. [The |
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761 | 761 | | term includes an advanced nurse practitioner and advanced practice |
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762 | 762 | | nurse.] |
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763 | 763 | | SECTION 4.026. Section 203.002(2), Occupations Code, is |
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764 | 764 | | amended to read as follows: |
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765 | 765 | | (2) "Certified nurse-midwife" means an advanced |
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766 | 766 | | practice [a person who is: |
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767 | 767 | | [(A) a] registered nurse [under Chapter 301; |
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768 | 768 | | [(B) recognized as an advanced nurse |
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769 | 769 | | practitioner by the Texas Board of Nursing; and |
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770 | 770 | | [(C)] certified by the American College of |
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771 | 771 | | Nurse-Midwives. |
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772 | 772 | | SECTION 4.027. Sections 551.003(14) and (34), Occupations |
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773 | 773 | | Code, are amended to read as follows: |
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774 | 774 | | (14) "Designated agent" means: |
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775 | 775 | | (A) an individual, including a licensed nurse, |
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776 | 776 | | physician assistant, or pharmacist: |
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777 | 777 | | (i) who is designated by a practitioner and |
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778 | 778 | | authorized to communicate a prescription drug order to a |
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779 | 779 | | pharmacist; and |
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780 | 780 | | (ii) for whom the practitioner assumes |
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781 | 781 | | legal responsibility; |
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782 | 782 | | (B) a licensed nurse, physician assistant, or |
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783 | 783 | | pharmacist employed in a health care facility to whom a |
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784 | 784 | | practitioner communicates a prescription drug order; or |
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785 | 785 | | (C) an advanced practice [a] registered nurse or |
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786 | 786 | | physician assistant authorized by a practitioner to administer a |
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787 | 787 | | prescription drug order for a dangerous drug under Subchapter B, |
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788 | 788 | | Chapter 157. |
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789 | 789 | | (34) "Practitioner" means: |
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790 | 790 | | (A) a person licensed or registered to prescribe, |
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791 | 791 | | distribute, administer, or dispense a prescription drug or device |
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792 | 792 | | in the course of professional practice in this state, including a |
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793 | 793 | | physician, dentist, podiatrist, advanced practice registered nurse |
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794 | 794 | | authorized to prescribe and order drugs and devices under Section |
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795 | 795 | | 301.358, or veterinarian but excluding a person licensed under this |
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796 | 796 | | subtitle; |
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797 | 797 | | (B) a person licensed by another state, Canada, |
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798 | 798 | | or the United Mexican States in a health field in which, under the |
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799 | 799 | | law of this state, a license holder in this state may legally |
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800 | 800 | | prescribe a dangerous drug; |
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801 | 801 | | (C) a person practicing in another state and |
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802 | 802 | | licensed by another state as a physician, dentist, veterinarian, |
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803 | 803 | | advanced practice registered nurse, or podiatrist, who has a |
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804 | 804 | | current federal Drug Enforcement Administration registration |
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805 | 805 | | number and who may legally prescribe a Schedule II, III, IV, or V |
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806 | 806 | | controlled substance, as specified under Chapter 481, Health and |
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807 | 807 | | Safety Code, in that other state; or |
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808 | 808 | | (D) an advanced practice registered nurse or |
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809 | 809 | | physician assistant to whom a physician has delegated the authority |
---|
810 | 810 | | to prescribe or order a drug or device under Section 157.0511, |
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811 | 811 | | 157.0512, or 157.054. |
---|
812 | 812 | | SECTION 4.028. Section 563.051(e), Occupations Code, is |
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813 | 813 | | amended to read as follows: |
---|
814 | 814 | | (e) A practitioner may designate a licensed vocational |
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815 | 815 | | nurse or a person having education equivalent to or greater than |
---|
816 | 816 | | that required for a licensed vocational nurse to communicate the |
---|
817 | 817 | | prescriptions of an advanced practice registered nurse or physician |
---|
818 | 818 | | assistant authorized by the practitioner to sign prescription drug |
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819 | 819 | | orders under Subchapter B, Chapter 157, or of an advanced practice |
---|
820 | 820 | | registered nurse authorized to prescribe and order drugs and |
---|
821 | 821 | | devices under Section 301.358. |
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822 | 822 | | SECTION 4.029. Section 563.053, Occupations Code, is |
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823 | 823 | | amended to read as follows: |
---|
824 | 824 | | Sec. 563.053. DISPENSING OF DANGEROUS DRUGS IN CERTAIN |
---|
825 | 825 | | RURAL AREAS. (a) In this section: |
---|
826 | 826 | | (1) "Advanced practice registered nurse" has the |
---|
827 | 827 | | meaning assigned by Section 301.002. |
---|
828 | 828 | | (2) "Reimbursement [, "reimbursement] for cost" means |
---|
829 | 829 | | an additional charge, separate from that imposed for the |
---|
830 | 830 | | physician's or advanced practice registered nurse's professional |
---|
831 | 831 | | services, that includes the cost of the drug product and all other |
---|
832 | 832 | | actual costs to the physician or advanced practice registered nurse |
---|
833 | 833 | | incidental to providing the dispensing service. The term does not |
---|
834 | 834 | | include a separate fee imposed for the act of dispensing the drug |
---|
835 | 835 | | itself. |
---|
836 | 836 | | (a-1) This section applies to an advanced practice |
---|
837 | 837 | | registered nurse only to the extent that the advanced practice |
---|
838 | 838 | | registered nurse is authorized to prescribe and order drugs and |
---|
839 | 839 | | devices under Section 301.358. |
---|
840 | 840 | | (b) This section applies to an area located in a county with |
---|
841 | 841 | | a population of 5,000 or less, or in a municipality or an |
---|
842 | 842 | | unincorporated town with a population of less than 2,500, that is |
---|
843 | 843 | | within a 15-mile radius of the physician's or advanced practice |
---|
844 | 844 | | registered nurse's office and in which a pharmacy is not located. |
---|
845 | 845 | | This section does not apply to a municipality or an unincorporated |
---|
846 | 846 | | town that is adjacent to a municipality with a population of 2,500 |
---|
847 | 847 | | or more. |
---|
848 | 848 | | (c) A physician who practices medicine or advanced practice |
---|
849 | 849 | | registered nurse who practices advanced practice registered |
---|
850 | 850 | | nursing in an area described by Subsection (b) may: |
---|
851 | 851 | | (1) maintain a supply of dangerous drugs in the |
---|
852 | 852 | | physician's or advanced practice registered nurse's office to be |
---|
853 | 853 | | dispensed in the course of treating the physician's or advanced |
---|
854 | 854 | | practice registered nurse's patients; and |
---|
855 | 855 | | (2) be reimbursed for the cost of supplying those |
---|
856 | 856 | | drugs without obtaining a license under Chapter 558. |
---|
857 | 857 | | (d) A physician or advanced practice registered nurse who |
---|
858 | 858 | | dispenses dangerous drugs under Subsection (c) shall: |
---|
859 | 859 | | (1) comply with each labeling provision under this |
---|
860 | 860 | | subtitle applicable to that class of drugs; and |
---|
861 | 861 | | (2) oversee compliance with packaging and |
---|
862 | 862 | | recordkeeping provisions applicable to that class of drugs. |
---|
863 | 863 | | (e) A physician who desires to dispense dangerous drugs |
---|
864 | 864 | | under this section shall notify both the board and the Texas Medical |
---|
865 | 865 | | [State] Board [of Medical Examiners] that the physician practices |
---|
866 | 866 | | in an area described by Subsection (b). An advanced practice |
---|
867 | 867 | | registered nurse who desires to dispense dangerous drugs under this |
---|
868 | 868 | | section shall notify both the board and the Texas Board of Nursing |
---|
869 | 869 | | that the advanced practice registered nurse practices in an area |
---|
870 | 870 | | described by Subsection (b). The physician or advanced practice |
---|
871 | 871 | | registered nurse may continue to dispense dangerous drugs in the |
---|
872 | 872 | | area until the board determines, after notice and hearing, that the |
---|
873 | 873 | | physician or advanced practice registered nurse no longer practices |
---|
874 | 874 | | in an area described by Subsection (b). |
---|
875 | 875 | | SECTION 4.030. Sections 605.002(14) and (18), Occupations |
---|
876 | 876 | | Code, are amended to read as follows: |
---|
877 | 877 | | (14) "Orthotics" means the science and practice of |
---|
878 | 878 | | measuring, designing, fabricating, assembling, fitting, adjusting, |
---|
879 | 879 | | or servicing an orthosis under an order from a licensed physician, |
---|
880 | 880 | | chiropractor, [or] podiatrist, or advanced practice registered |
---|
881 | 881 | | nurse authorized to prescribe and order drugs and devices under |
---|
882 | 882 | | Section 301.358, or an advanced practice registered nurse or |
---|
883 | 883 | | physician assistant acting under the delegation and supervision of |
---|
884 | 884 | | a licensed physician as provided by Subchapter B, Chapter 157, and |
---|
885 | 885 | | rules adopted by the Texas Medical Board, for the correction or |
---|
886 | 886 | | alleviation of a neuromuscular or musculoskeletal dysfunction, |
---|
887 | 887 | | disease, injury, or deformity. |
---|
888 | 888 | | (18) "Prosthetics" means the science and practice of |
---|
889 | 889 | | measuring, designing, fabricating, assembling, fitting, adjusting, |
---|
890 | 890 | | or servicing a prosthesis under an order from a licensed physician, |
---|
891 | 891 | | chiropractor, [or] podiatrist, or advanced practice registered |
---|
892 | 892 | | nurse authorized to prescribe and order drugs and devices under |
---|
893 | 893 | | Section 301.358, or an advanced practice registered nurse or |
---|
894 | 894 | | physician assistant acting under the delegation and supervision of |
---|
895 | 895 | | a licensed physician as provided by Subchapter B, Chapter 157, and |
---|
896 | 896 | | rules adopted by the Texas Medical Board. |
---|
897 | 897 | | SECTION 4.031. Section 605.2515, Occupations Code, is |
---|
898 | 898 | | amended to read as follows: |
---|
899 | 899 | | Sec. 605.2515. ADDITIONAL LICENSE: DEVICE MANUFACTURER. A |
---|
900 | 900 | | person licensed to practice orthotics or prosthetics who measures, |
---|
901 | 901 | | designs, fabricates, fits, assembles, adjusts, or services an |
---|
902 | 902 | | orthosis or a prosthesis under an order from a licensed physician, |
---|
903 | 903 | | chiropractor, [or] podiatrist, or advanced practice registered |
---|
904 | 904 | | nurse authorized to prescribe and order drugs and devices under |
---|
905 | 905 | | Section 301.358, or an advanced practice registered nurse or |
---|
906 | 906 | | physician assistant acting under the delegation and supervision of |
---|
907 | 907 | | a licensed physician as provided by Subchapter B, Chapter 157, and |
---|
908 | 908 | | rules adopted by the Texas Medical Board, for a specific patient is |
---|
909 | 909 | | exempt from licensing as a device manufacturer under Subchapter L, |
---|
910 | 910 | | Chapter 431, Health and Safety Code. A person licensed to practice |
---|
911 | 911 | | orthotics or prosthetics who fabricates or assembles an orthosis or |
---|
912 | 912 | | a prosthesis without an order from a licensed physician, |
---|
913 | 913 | | chiropractor, [or] podiatrist, or advanced practice registered |
---|
914 | 914 | | nurse authorized to prescribe and order drugs and devices under |
---|
915 | 915 | | Section 301.358, or an advanced practice registered nurse or |
---|
916 | 916 | | physician assistant acting under the delegation and supervision of |
---|
917 | 917 | | a licensed physician as provided by Subchapter B, Chapter 157, and |
---|
918 | 918 | | rules adopted by the Texas Medical Board, for a specific patient is |
---|
919 | 919 | | required to be licensed as a device manufacturer under Subchapter |
---|
920 | 920 | | L, Chapter 431, Health and Safety Code. |
---|
921 | 921 | | SECTION 4.032. Section 1701.703(a), Occupations Code, is |
---|
922 | 922 | | amended to read as follows: |
---|
923 | 923 | | (a) A physician, [or] a person who has been delegated |
---|
924 | 924 | | prescriptive authority under Chapter 157, or an advanced practice |
---|
925 | 925 | | registered nurse authorized to prescribe and order drugs and |
---|
926 | 926 | | devices under Section 301.358, [Occupations Code,] may prescribe |
---|
927 | 927 | | epinephrine auto-injectors in the name of a law enforcement agency. |
---|
928 | 928 | | ARTICLE 5. LEGISLATION IMPACT STUDY |
---|
929 | 929 | | SECTION 5.001. (a) The Texas Board of Nursing shall conduct |
---|
930 | 930 | | a study of the effect this Act has had on: |
---|
931 | 931 | | (1) access to primary health care in counties with a |
---|
932 | 932 | | population of less than 68,750 as compared to counties with a |
---|
933 | 933 | | population of 68,750 or greater; |
---|
934 | 934 | | (2) patient outcomes in counties with a population of |
---|
935 | 935 | | less than 68,750; |
---|
936 | 936 | | (3) trends in the practice location of advanced |
---|
937 | 937 | | practice registered nurses; and |
---|
938 | 938 | | (4) costs incurred by rural hospitals. |
---|
939 | 939 | | (b) Not later than September 1, 2028, the Texas Board of |
---|
940 | 940 | | Nursing shall submit to the governor, the lieutenant governor, and |
---|
941 | 941 | | the speaker of the house of representatives: |
---|
942 | 942 | | (1) the study conducted under Subsection (a) of this |
---|
943 | 943 | | section; |
---|
944 | 944 | | (2) the information published by: |
---|
945 | 945 | | (A) the Texas Medical Board under Section |
---|
946 | 946 | | 157.152(b), Occupations Code, as added by this Act; and |
---|
947 | 947 | | (B) the Texas Board of Nursing under Section |
---|
948 | 948 | | 301.359(c), Occupations Code, as added by this Act; and |
---|
949 | 949 | | (3) recommendations to the legislature to improve |
---|
950 | 950 | | rural access to health care and patient outcomes. |
---|
951 | 951 | | SECTION 5.002. This article expires December 31, 2029. |
---|
952 | 952 | | ARTICLE 6. TRANSITION AND EFFECTIVE DATE |
---|
953 | 953 | | SECTION 6.001. Not later than February 1, 2026, the Texas |
---|
954 | 954 | | Board of Nursing shall adopt the rules necessary to implement the |
---|
955 | 955 | | changes in law made by this Act. |
---|
956 | 956 | | SECTION 6.002. This Act takes effect September 1, 2025. |
---|