S.B.ANo.A406
A BILL TO BE ENTITLED
AN ACT
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relating
to
the
delegation
and
supervision
of
prescriptive
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authority by physicians to certain advanced practice registered
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nurses and physician assistants.
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
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SECTIONA1.AAThe
heading
to
Subchapter
7
Occupations Code, is amended to read as follows:
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SUBCHAPTER B.
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AND PHYSICIAN ASSISTANTS
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B,
Chapter
157,
DELEGATION TO ADVANCED PRACTICE REGISTERED NURSES
SECTIONA2.AASection 157.051, Occupations Code, is amended to read as follows:
(1)AA"Advanced
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practice
registered
nurse"
has
the
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meaning assigned to that term by Section 301.152. The term includes
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an advanced nurse practitioner and advanced practice nurse.
(2)AA"Carrying
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out
or
signing
a
prescription
drug
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order" means completing a prescription drug order presigned by the
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delegating
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registered nurse or physician assistant.
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physician,
or
the
signing
of
a
prescription
by
a
(2-a) "Controlled substance" has the meaning assigned to that term by Section 481.002, Health and Safety Code.
(2-b3) "Dangerous drug" has the meaning assigned to that term by Section 483.001, Health and Safety Code.
(2-c4) "Health professional shortage area" means:
(A)AAan urban or rural area of this state that:
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S.B.ANo.A406
(i)AAis
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not
required
to
conform
to
the
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geographic boundaries of a political subdivision but is a rational
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area for the delivery of health service;
(ii)AAthe
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(iii)AAis
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adequately served area;
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(B)AAa
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of
health
and
human
services determines has a health professional shortage; and
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secretary
not
population
reasonably
group
that
accessible
the
to
an
secretary
of
health and human services determines has a health professional shortage; or
(C)AAa
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public
or
nonprofit
private
medical
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facility or other facility that the secretary of health and human
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services
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described by 42 U.S.C. Section 254e(a)(1).
determines
has
a
health
professional
as
(5)AA"Hospital" means:
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(A)AAa general hospital or a special hospital, as
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those
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terms
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maintained or operated by this state; or
are
defined
by
Section
241.003,
including
a
hospital
(B)AAa mental hospital licensed under Chapter 577.
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shortage,
(6)AA"Medication
order"
has
the
meaning
assigned
by
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Sections 551.003(24), Occupations Code and 481.002(28), Health and
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Safety Code.
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(7)AA"Nonprescription drug" has the meaning assigned by
Section 551.003(25).
(38) "Physician assistant" means a person who holds a license issued under Chapter 204.
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S.B.ANo.A406
(9)AA"Physician
1
group
practice"
means
an
entity
for
2
which two or more physicians deliver health care to the public
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through the practice of medicine on a regular basis and that is:
(A)AAowned and operated by two or more physicians;
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or
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(B)AAa freestanding clinic, center, or office of a
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nonprofit health organization certified by the board under Section
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162.001(b) that complies with the requirements of Chapter 162.
(10)AA"Practice
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medically
underserved
(A)AAa practice in a health professional shortage area; (B)AAa clinic designated as a rural health clinic
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a
population" means:
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serving
under 42 U.S.C.
Section 1395x(aa);
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(C)AAa public health clinic or a family planning
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clinic under contract with the Health and Human Services Commission
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or the Texas Department of State Health Services;
(D)AAa clinic designated as a federally qualified
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health clinic under 42 U.S.C. Section 1396d(1)(2)(B); or
(E)AAa practice:
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(i)AAthat is either:
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(a)AAlocated in an area in which the
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Texas Department of State Health Services determines there is an
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insufficient number of physicians providing services to eligible
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clients of federal, state, or