By:  Madla, Turner                                     S.B. No. 673
            West, Cain
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to health care, including powers and duties of the center
    1-2  for rural health initiatives, powers and duties of registered
    1-3  nurses and physician assistants, managed health care plans for
    1-4  certain inmates, and health facilities and services for the elderly
    1-5  or disabled.
    1-6        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-7        SECTION 1.  Chapter 105, Health and Safety Code, is amended
    1-8  by adding Section 105.007 to read as follows:
    1-9        Sec. 105.007.  CLEARINGHOUSE.  (a)  As part of the
   1-10  comprehensive health professions resource center, the department
   1-11  shall develop and establish a clearinghouse for health
   1-12  professionals seeking collaborative practice.
   1-13        (b)  The department may:
   1-14              (1)  set and collect a reasonable fee to offset the
   1-15  cost of complying with this section;
   1-16              (2)  solicit, receive, and spend grants, gifts, and
   1-17  donations from public and private sources to comply with this
   1-18  section; and
   1-19              (3)  contract with public or private entities in the
   1-20  performance of its responsibilities under this section.
   1-21        SECTION 2.  Subsection (a), Section 106.025, Health and
   1-22  Safety Code, is amended to read as follows:
   1-23        (a)  The center shall:
    2-1              (1)  educate the public and recommend appropriate
    2-2  public policies regarding the continued viability of rural health
    2-3  care delivery in this state;
    2-4              (2)  monitor and work with state and federal agencies
    2-5  to assess the impact of proposed rules on rural areas;
    2-6              (3)  provide impact statements of proposed rules as
    2-7  considered appropriate by the center;
    2-8              (4)  streamline regulations to assist in the
    2-9  development of service diversification of health care facilities;
   2-10              (5)  target state and federal programs to rural areas;
   2-11              (6)  promote and develop community involvement and
   2-12  community support in maintaining, rebuilding, or diversifying local
   2-13  health services;
   2-14              (7)  promote and develop diverse and innovative health
   2-15  care service models in rural areas;
   2-16              (8)  encourage the use of advanced communications
   2-17  technology to:
   2-18                    (A)  ensure that rural areas receive the maximum
   2-19  benefits of telemedicine and distance learning by promoting a
   2-20  transmission rate structure that accommodates rural needs and by
   2-21  improving the telecommunications infrastructure in rural areas; and
   2-22                    (B)  provide access to specialty expertise,
   2-23  clinical consultation, and continuing education;
   2-24              (9)  assist rural health care providers, communities,
   2-25  and individuals in applying for public and private grants and
    3-1  programs;
    3-2              (10)  encourage the development of regional emergency
    3-3  transportation networks;
    3-4              (11)  work with state agencies, universities, and
    3-5  private interest groups to conduct and promote research on rural
    3-6  health issues, maintain and collect a timely data base, and develop
    3-7  and maintain a rural health resource library;
    3-8              (12)  solicit the assistance of other offices or
    3-9  programs of rural health in this state that are university-based to
   3-10  carry out the duties of this chapter;
   3-11              (13)  disseminate information and provide technical
   3-12  assistance to communities, health care providers, and individual
   3-13  consumers of health care services; <and>
   3-14              (14)  develop plans to implement a fee-for-service
   3-15  health care professional recruitment service and a medical supplies
   3-16  group purchasing program within the center;
   3-17              (15)  develop and initiate, in conjunction with the
   3-18  Texas State Board of Medical Examiners, the Board of Nurse
   3-19  Examiners, the Texas Department of Health, the Bureau of State
   3-20  Health Data and Policy Analysis, the Texas State Board of Physician
   3-21  Assistant Examiners, or other appropriate agencies, a study of
   3-22  rural health clinics to:
   3-23                    (A)  determine the efficiency and effectiveness
   3-24  of rural health clinics;
   3-25                    (B)  review the health outcomes of rural patients
    4-1  treated in rural health clinics and report those outcomes in the
    4-2  center's biennial report to the legislature;
    4-3                    (C)  identify and address efficiency barriers for
    4-4  the professional clinical relationship of physicians, nurses, and
    4-5  physician assistants;
    4-6                    (D)  assess the success of attracting primary
    4-7  care physicians and allied health professionals to rural areas; and
    4-8                    (E)  assess the appropriateness of the current
    4-9  clinic designation process;
   4-10              (16)  develop and initiate a quality assessment program
   4-11  to evaluate the health outcomes of rural patients treated in rural
   4-12  health clinics; and
   4-13              (17)  encourage the active participation by physicians
   4-14  and other health care providers in the early periodic diagnosis and
   4-15  treatment program.
   4-16        SECTION 3.  Section 262.034, Health and Safety Code, is
   4-17  amended to read as follows:
   4-18        Sec. 262.034.  FACILITIES AND SERVICES FOR ELDERLY AND
   4-19  DISABLED <NURSING HOMES>.  (a)  <This section applies to an
   4-20  authority created by a municipality with a population of more than
   4-21  24,000 that is located in a county with a population of 1.5 million
   4-22  or more.>
   4-23        <(b)>  The authority may construct, acquire, own, operate,
   4-24  enlarge, improve, furnish, or equip one or more of the following
   4-25  types of facilities or  services for the care of the elderly or
    5-1  disabled:
    5-2              (1)  a nursing home or similar long-term care facility;
    5-3              (2)  elderly housing;
    5-4              (3)  assisted living;
    5-5              (4)  home health;
    5-6              (5)  personal care;
    5-7              (6)  special care;
    5-8              (7)  continuing care; and
    5-9              (8)  durable medical equipment <one or more nursing
   5-10  homes or similar facilities for the care of the elderly.  The
   5-11  nursing home or similar facility may be located outside the
   5-12  municipal limits>.
   5-13        (b) <(c)>  The authority may lease or enter into an
   5-14  operations or management agreement relating to all or part of a
   5-15  <nursing home or similar> facility or service for the care of the
   5-16  elderly or disabled that is owned by the authority.  The authority
   5-17  may sell, transfer, otherwise convey, or close all or part of the
   5-18  <nursing home or similar> facility and may discontinue a service.
   5-19        (c) <(d)>  The authority may issue revenue bonds and other
   5-20  notes in accordance with this chapter to acquire, construct, or
   5-21  improve a <nursing home or similar> facility for the care of the
   5-22  elderly or disabled or to implement the delivery of a service for
   5-23  the care of the elderly or disabled.
   5-24        (d) <(e)>  For the purposes of this section, a <nursing home
   5-25  or similar> facility or service described by Subsection (a) <for
    6-1  the care of the elderly> is considered to be a hospital project
    6-2  under Chapter 223 (Hospital Project Financing Act).
    6-3        (e)  This section applies only to an authority that owns or
    6-4  operates a hospital licensed under Chapter 241 and that is located
    6-5  in:
    6-6              (1)  a county with a population of 35,000 or less;
    6-7              (2)  those portions of extended municipalities that the
    6-8  federal census bureau has determined to be rural; or
    6-9              (3)  an area that is not delineated as an urbanized
   6-10  area by the federal census bureau.
   6-11        SECTION 4.  Chapter 285, Health and Safety Code, is amended
   6-12  by adding Subchapter H to read as follows:
   6-13         SUBCHAPTER H.  LONG-TERM CARE AND RELATED FACILITIES
   6-14        Sec. 285.101.  FACILITIES OR SERVICES FOR ELDERLY OR
   6-15  DISABLED.  (a)  This subchapter applies only to a hospital,
   6-16  hospital district, or authority created and operated under Article
   6-17  IX, Texas Constitution, under a special law, or under this title
   6-18  that is located in:
   6-19              (1)  a county with a population of 35,000 or less;
   6-20              (2)  those portions of extended municipalities that the
   6-21  federal census bureau has determined to be rural; or
   6-22              (3)  an area that is not delineated as an urbanized
   6-23  area by the federal census bureau.
   6-24        (b)  A hospital, hospital district, or authority covered by
   6-25  this subchapter may:
    7-1              (1)  construct, acquire, own, operate, enlarge,
    7-2  improve, furnish, or equip one or more of the following types of
    7-3  facilities or services for the care of the elderly or disabled:
    7-4                    (A)  a nursing home or similar long-term care
    7-5  facility;
    7-6                    (B)  elderly housing;
    7-7                    (C)  assisted living;
    7-8                    (D)  home health;
    7-9                    (E)  personal care;
   7-10                    (F)  special care;
   7-11                    (G)  continuing care; or
   7-12                    (H)  durable medical equipment;
   7-13              (2)  lease or enter into an operations or management
   7-14  agreement relating to all or part of a facility or service
   7-15  described in Subdivision (1) that is owned by the hospital district
   7-16  or authority;
   7-17              (3)  close, transfer, sell, or otherwise convey all or
   7-18  part of a facility and discontinue services; and
   7-19              (4)  issue revenue bonds and other notes to acquire,
   7-20  construct, or improve a facility for the care of the elderly or
   7-21  disabled or to implement the delivery of a service for the care of
   7-22  the elderly or disabled.
   7-23        (c)  For the purpose of this section, a facility or service
   7-24  created under Subsection (b) is considered to be a hospital project
   7-25  under Chapter 223.
    8-1        SECTION 5.  Subdivision (13), Section 483.001, Health and
    8-2  Safety Code, is amended to read as follows:
    8-3              (13)  "Prescription" means an order from a
    8-4  practitioner, or an agent of the practitioner designated in writing
    8-5  as authorized to communicate prescriptions, or an order made in
    8-6  accordance with Section 3.06(d)(5) or (6), Medical Practice Act
    8-7  (Article 4495b, Vernon's Texas Civil Statutes), to a pharmacist for
    8-8  a dangerous drug to be dispensed that states:
    8-9                    (A)  the date of the order's issue;
   8-10                    (B)  the name and address of the patient;
   8-11                    (C)  if the drug is prescribed for an animal, the
   8-12  species of the animal;
   8-13                    (D)  the name and quantity of the drug
   8-14  prescribed;
   8-15                    (E)  the directions for the use of the drug; <and>
   8-16                    <(F)  the legibly printed or stamped name,
   8-17  address, Federal Drug Enforcement Administration registration
   8-18  number, and telephone number of the practitioner at the
   8-19  practitioner's usual place of business.>
   8-20                    (F)  the intended use of the drug unless the
   8-21  practitioner determines the furnishing of this information is not
   8-22  in the best interest of the patient; and
   8-23                    (G)  the name, address, and telephone number of
   8-24  the practitioner at the practitioner's usual place of business,
   8-25  legibly printed or stamped.
    9-1        SECTION 6.  Subsection (d), Section 671.001, Health and
    9-2  Safety Code, is amended to read as follows:
    9-3        (d)  A registered nurse or physician assistant may determine
    9-4  and pronounce a person dead in situations other than those
    9-5  described by Subsection (b) if permitted by written policies of a
    9-6  licensed health care facility, institution, or entity providing
    9-7  services to that person.  Those policies must consider physician
    9-8  assistants who are credentialed or otherwise permitted to practice
    9-9  at the facility, institution, or entity.  If the facility,
   9-10  institution, or entity has an organized nursing staff and an
   9-11  organized medical staff or medical consultant, the nursing staff
   9-12  and medical staff or consultant shall jointly develop and approve
   9-13  those policies.  The board shall adopt rules to govern policies for
   9-14  facilities, institutions, or entities that do not have organized
   9-15  nursing staffs and organized medical staffs or medical consultants.
   9-16        SECTION 7.  Section 671.002, Health and Safety Code, is
   9-17  amended to read as follows:
   9-18        Sec. 671.002.  Limitation of Liability.  (a)  A physician who
   9-19  determines death in accordance with Section 671.001(b) or a
   9-20  registered nurse or physician assistant who determines death in
   9-21  accordance with Section 671.001(d) is not liable for civil damages
   9-22  or subject to criminal prosecution for the physician's, <or>
   9-23  registered nurse's, or physician assistant's actions or the actions
   9-24  of others based on the determination of death.
   9-25        (b)  A person who acts in good faith in reliance on a
   10-1  physician's, <or> registered nurse's, or physician assistant's
   10-2  determination of death is not liable for civil damages or subject
   10-3  to criminal prosecution for the person's actions.
   10-4        SECTION 8.  Subsection (c), Section 51.918, Education Code,
   10-5  is amended to read as follows:
   10-6        (c)  The Center for Rural Health Initiatives shall develop
   10-7  relief service programs for rural physicians and allied health
   10-8  personnel to facilitate ready access to continuing medical
   10-9  education or practice coverage for purposes other than continuing
  10-10  medical education.
  10-11        SECTION 9.  Section 501.059, Government Code, as added by
  10-12  Chapter 238, Acts of the 73rd Legislature, 1993, is amended to read
  10-13  as follows:
  10-14        Sec. 501.059.  MANAGED HEALTH CARE ADVISORY COMMITTEE.
  10-15  (a)  The Managed Health Care Advisory Committee to the Texas
  10-16  Department of Criminal Justice is established.
  10-17        (b)  The committee consists of:
  10-18              (1)  two members employed full-time by the department,
  10-19  at least one of whom is a physician, appointed by the executive
  10-20  director;
  10-21              (2)  two members employed full-time by The University
  10-22  of Texas Medical Branch at Galveston, at least one of whom is a
  10-23  physician, appointed by the president of the medical branch; and
  10-24              (3)  two members employed full-time by the Texas Tech
  10-25  University Health Sciences Center, at least one of whom is a
   11-1  physician, appointed by the president of the university.
   11-2        (c)  A committee member serves at the pleasure of the
   11-3  appointing official or until termination of the member's employment
   11-4  with the entity the member represents.
   11-5        (d)  An appointment to the committee shall be made without
   11-6  regard to the race, creed, sex, religion, or national origin of the
   11-7  appointee.
   11-8        (e)  A committee member serves without compensation but is
   11-9  entitled to reimbursement for actual and necessary expenses
  11-10  incurred in the performance of the duties of the committee.
  11-11        (f)  The committee may hire a managed health care
  11-12  administrator and may employ personnel necessary for the
  11-13  administration of the committee's duties.
  11-14        (g)  The committee shall develop a managed health care plan
  11-15  for all inmates at the institutional division that includes:
  11-16              (1)  the establishment of a managed care network of
  11-17  physicians and hospitals that will serve the institutional division
  11-18  as the exclusive health care provider for inmates at each facility
  11-19  of the institutional division;
  11-20              (2)  cost containment studies; <and>
  11-21              (3)  care case management and utilization management
  11-22  studies performed exclusively for the institutional division; and
  11-23              (4)  concerning the establishment of criteria for
  11-24  hospitals, home health, or hospice providers, a provision requiring
  11-25  the managed health care plan to accept certification by the
   12-1  Medicare program under Title XVIII, Social Security Act, as amended
   12-2  (42 U.S.C. Section 1395 et seq.), as an alternative to
   12-3  accreditation by the Joint Commission on Accreditation of
   12-4  Healthcare Organizations.
   12-5        (h)  To the extent possible the committee shall integrate the
   12-6  managed care network with the public medical schools of this state
   12-7  and the component and affiliated hospitals of those medical
   12-8  schools.
   12-9        (i)  For those services for which the public medical schools
  12-10  and their components and affiliates cannot provide, the committee
  12-11  shall initiate a competitive bidding process for contracts with
  12-12  other providers for medical care to inmates confined in the
  12-13  institutional division.
  12-14        (j)  The committee may enter into a contract on behalf of the
  12-15  department to fully implement the managed health care plan under
  12-16  Subsection (g).
  12-17        (k)  The department shall pay necessary costs for the
  12-18  operation of the committee, including costs of personnel, from
  12-19  funds appropriated by the legislature to the department.
  12-20        (l)  The managed health care plan, inclusive of the health
  12-21  care administrator and necessary personnel proposed by the
  12-22  committee, must cost the state less than what is presently
  12-23  provided, otherwise the status quo shall be maintained.
  12-24        SECTION 10.  Subdivision (42), Section 5, Texas Pharmacy Act
  12-25  (Article 4542a-1, Vernon's Texas Civil Statutes), is amended to
   13-1  read as follows:
   13-2              (42)  "Prescription drug order" means:
   13-3                    (A)  an order from a practitioner or a
   13-4  practitioner's designated agent to a pharmacist for a drug or
   13-5  device to be dispensed; or
   13-6                    (B)  an order pursuant to Subdivision (5) or (6),
   13-7  Subsection (d), Section 3.06, Medical Practice Act (Article 4495b,
   13-8  Vernon's Texas Civil Statutes).
   13-9        SECTION 11.  Subdivision (5), Subsection (d), Section 3.06,
  13-10  Medical Practice Act (Article 4495b, Vernon's Texas Civil
  13-11  Statutes), is amended to read as follows:
  13-12              (5)(A)  At a site serving a medically underserved
  13-13  population, a physician licensed by the board shall be authorized
  13-14  to delegate to a registered nurse or physician assistant acting
  13-15  under adequate physician supervision, the act or acts of
  13-16  administering, providing, or carrying out or signing a prescription
  13-17  drug order as authorized by the physician through physician's
  13-18  orders, standing medical orders, standing delegation orders, or
  13-19  other orders or protocols as defined by the board.
  13-20                    (B)(i)  The carrying out or signing of
  13-21  prescription drug orders under this subsection shall comply with
  13-22  other applicable laws.
  13-23                          (ii)  The authority of a physician to
  13-24  delegate the carrying out or signing of prescription drug orders is
  13-25  limited to dangerous drugs.
   14-1                    (C)  Physician supervision shall be adequate if a
   14-2  delegating physician:
   14-3                          (i)  is responsible for the formulation or
   14-4  approval of such physician's orders, standing medical orders,
   14-5  standing delegation orders, or other orders or protocols and
   14-6  periodically reviews such orders and the services provided patients
   14-7  under such orders;
   14-8                          (ii)  is on site at least once a week to
   14-9  provide medical direction and consultation;
  14-10                          (iii)  receives a daily status report from
  14-11  the registered nurse or physician assistant on any problems or
  14-12  complications encountered; and
  14-13                          (iv)  is available through direct
  14-14  telecommunication for consultation, assistance with medical
  14-15  emergencies, or patient referral.
  14-16                    (D)  In this subsection:
  14-17                          (i)  "Registered nurse" means a registered
  14-18  nurse recognized by the Board of Nurse Examiners as having the
  14-19  specialized education and training required under Section 7,
  14-20  Article 4514, Revised Statutes.
  14-21                          (ii)  "Physician assistant" has the meaning
  14-22  assigned to that term by Section 2(3), Physician Assistant
  14-23  Licensing Act, and its subsequent amendments.
  14-24                          (iii)  "Carrying out or signing a
  14-25  prescription drug order" means the completion of <to complete> a
   15-1  prescription drug order presigned by the delegating physician or
   15-2  the signing of a prescription by a registered nurse or physician
   15-3  assistant after the delegating physician notifies the board that
   15-4  the person is a person to whom the physician has delegated the
   15-5  authority to sign the prescription.  The following information
   15-6  shall be provided on each prescription <by providing the following
   15-7  information>:  the patient's name and address; the drug to be
   15-8  dispensed; directions to the patient in regard to the taking and
   15-9  dosage; the name, address, and telephone number of the physician;
  15-10  the name, address, telephone and identification number of the
  15-11  registered nurse or physician assistant completing or signing the
  15-12  prescription drug order; the date; and the number of refills
  15-13  permitted.  The board may adopt additional methods to carry into
  15-14  effect or put into force a physician's prescription or delegation
  15-15  of a prescription under physician's orders, standing medical
  15-16  orders, standing delegation orders, or other orders or protocols.
  15-17                          (iv)  "A site serving a medically
  15-18  underserved population" means:
  15-19                                (a)  a site located in a medically
  15-20  underserved area;
  15-21                                (b)  a site located in a health
  15-22  manpower shortage area;
  15-23                                (c)  a clinic designated as a rural
  15-24  health clinic under the Rural Health Clinic Services Act of 1977
  15-25  (Pub. L. No. 95-210);
   16-1                                (d)  a public health clinic or a
   16-2  family planning clinic under contract with the Texas Department of
   16-3  Human Services or the Texas Department of Health;
   16-4                                (e)  a site located in an area in
   16-5  which the Texas Department of Health determines there exists an
   16-6  insufficient number of physicians providing services to eligible
   16-7  clients of federal, state, or locally funded health care programs;
   16-8  or
   16-9                                (f)  a site that the Texas Department
  16-10  of Health determines serves a disproportionate number of clients
  16-11  eligible to participate in federal, state, or locally funded health
  16-12  care programs.
  16-13                          (v)  "Health manpower shortage area" means
  16-14  (1) an area in an urban or rural area of Texas (which need not
  16-15  conform to the geographic boundaries of a political subdivision and
  16-16  which is a rational area for the delivery of health services) which
  16-17  the secretary of health and human services determines has a health
  16-18  manpower shortage and which is not reasonably accessible to an
  16-19  adequately served area; (2) a population group which the secretary
  16-20  determines to have such a shortage; or (3) a public or nonprofit
  16-21  private medical facility or other facility which the secretary
  16-22  determines has such a shortage as delineated in 42 U.S.C. Section
  16-23  254(e)(a)(1).
  16-24                          (vi)  "Medically underserved area" means an
  16-25  area in Texas with a medically underserved population or an urban
   17-1  or rural area designated by the secretary of health and human
   17-2  services as an area in Texas with a shortage of personal health
   17-3  services or a population group designated by the secretary as
   17-4  having a shortage of such services (as defined in 42 U.S.C. Section
   17-5  300(e)-1(7)).  The term also includes an area defined by rule
   17-6  adopted by the Texas Board of Health that is based on demographics
   17-7  specific to this state, geographic factors that affect access to
   17-8  health care, and environmental health factors.
   17-9                    (E)  After making a determination under <either>
  17-10  Subdivision (D)(iv)(e), <or> (D)(iv)(f), or (D)(vi) that a site
  17-11  serves a medically underserved population, the Texas Department of
  17-12  Health shall publish notice of its determination in the Texas
  17-13  Register and provide an opportunity for public comment in the same
  17-14  manner as for a proposed rule under Chapter 2001, Government Code
  17-15  <the Administrative Procedure and Texas Register Act (Article
  17-16  6252-13a, Vernon's Texas Civil Statutes)>.
  17-17                    (F)  The authority granted to a physician to
  17-18  delegate under this subdivision shall not be construed as limiting
  17-19  the authority of a physician to delegate under any other
  17-20  subdivision of this subsection.
  17-21                    (G)  An advertisement for a site serving a
  17-22  medically underserved population shall include the name and
  17-23  business address of the supervising physician for the site.
  17-24        SECTION 12.  Subsection (d), Section 3.06, Medical Practice
  17-25  Act (Article 4495b, Vernon's Texas Civil Statutes), is amended by
   18-1  adding Subdivision (6) to read as follows:
   18-2              (6)(A)  At a physician's primary practice site or a
   18-3  location as described by Paragraph (H) of this subdivision, a
   18-4  physician licensed by the board may delegate to a physician
   18-5  assistant or an advanced nurse practitioner acting under adequate
   18-6  physician supervision the act or acts of administering, providing,
   18-7  carrying out, or signing a prescription drug order as authorized
   18-8  through physician's orders, standing medical orders, standing
   18-9  delegation orders, or protocols as defined by the board.  Providing
  18-10  and carrying out or signing a prescription drug order under this
  18-11  subdivision is limited to dangerous drugs.
  18-12                    (B)  Protocols and other orders shall be defined
  18-13  to promote the exercise of professional judgment by the advanced
  18-14  nurse practitioner and physician assistant commensurate with their
  18-15  education and experience.  Under this subdivision, protocols and
  18-16  other orders used by a reasonable and prudent physician exercising
  18-17  sound medical judgment:
  18-18                          (i)  need not describe the exact steps that
  18-19  an advanced nurse practitioner or a physician assistant must take
  18-20  with respect to each specific condition, disease, or symptom; and
  18-21                          (ii)  may state the types or categories of
  18-22  medications that may be prescribed or state in terms of categories
  18-23  or types the medications that may not be prescribed.
  18-24                    (C)  Physician supervision of the carrying out
  18-25  and signing of prescription drug orders shall conform to what a
   19-1  reasonable, prudent physician would find consistent with sound
   19-2  medical judgment but may vary with the education and experience of
   19-3  the advanced nurse practitioner or physician assistant.  A
   19-4  physician shall provide continuous supervision, but the constant
   19-5  physical presence of the physician is not required.
   19-6                    (D)  An alternate physician may provide
   19-7  appropriate supervision on a temporary basis as defined and
   19-8  established by the board by rule.
   19-9                    (E)  The carrying out or signing of prescription
  19-10  drug orders under this subdivision shall comply with other
  19-11  applicable laws.
  19-12                    (F)  A physician's authority to delegate the
  19-13  carrying out or signing of a prescription drug order at his primary
  19-14  practice site under this subdivision is limited to:
  19-15                          (i)  three physician assistants or advanced
  19-16  nurse practitioners or their full-time equivalents practicing at
  19-17  the physician's primary practice site; and
  19-18                          (ii)  the patients with whom the physician
  19-19  has established or will establish a physician-patient relationship,
  19-20  but this shall not be construed as requiring the physician to see
  19-21  the patient within a specific period of time.
  19-22                    (G)  In this subdivision:
  19-23                          (i)  "Advanced nurse practitioner" has the
  19-24  meaning assigned to that term by Section 8, Article 4514, Revised
  19-25  Statutes.
   20-1                          (ii)  "Physician assistant" has the meaning
   20-2  assigned to that term by Section 2(3), Physician Assistant
   20-3  Licensing Act (Article 4495b-1, Vernon's Texas Civil Statutes).
   20-4                          (iii)  "Primary practice site" means:
   20-5                                         (a)  the practice location
   20-6  where the physician spends the majority of the physician's time;
   20-7                                         (b)  a licensed hospital,
   20-8  licensed long-term care facility, licensed adult care center where
   20-9  both the physician and the physician assistant or advanced nurse
  20-10  practitioner are authorized to practice, or an established
  20-11  patient's residence; or
  20-12                                         (c)  where the physician is
  20-13  physically present with the physician assistant or advanced nurse
  20-14  practitioner.
  20-15                          (iv)  "Carrying out or signing a
  20-16  prescription drug order" means either the completion of a
  20-17  prescription drug order presigned by a delegating physician or the
  20-18  signing of a prescription by a physician assistant or advanced
  20-19  nurse practitioner after the person has been designated with the
  20-20  board by the delegating physician as a person delegated to sign a
  20-21  prescription.  The following information shall be provided on each
  20-22  prescription:  the patient's name and address; the drug to be
  20-23  dispensed; directions to the patient in regard to the taking and
  20-24  dosage; the intended use of the drug, if appropriate; the name,
  20-25  address, and telephone number of the physician; the name, address,
   21-1  and telephone and identification number of the physician assistant
   21-2  or advanced nurse practitioner completing or signing the
   21-3  prescription drug order; the date; and the number of refills
   21-4  permitted.  The board may adopt additional methods to carry into
   21-5  effect or put into force a physician's prescription under
   21-6  physician's orders, standing medical orders, standing delegation
   21-7  orders, protocols, or other orders.
   21-8                    (H)  A physician licensed by the board shall be
   21-9  authorized to delegate, to one or more physician assistants or
  21-10  advanced nurse practitioners acting under adequate supervision by a
  21-11  physician whose practice is facility-based at a licensed hospital
  21-12  or licensed long-term care facility, the carrying out or signing of
  21-13  prescription drug orders if the physician is the medical director
  21-14  or chief of medical staff of the facility in which the physician
  21-15  assistant or advanced nurse practitioner practices, the chair of
  21-16  the facility's credentialing committee, a department chair of a
  21-17  facility department in which the physician assistant or advanced
  21-18  nurse practitioner practices, or a physician who consents to the
  21-19  request of the medical director or chief of medical staff to
  21-20  delegate the carrying out or signing of prescription drug orders at
  21-21  the facility in which the physician assistant or advanced nurse
  21-22  practitioner practices.  A physician's authority to delegate under
  21-23  this subdivision is limited as follows:
  21-24                          (i)  the delegation is pursuant to a
  21-25  physician's order, standing medical order, standing delegation
   22-1  order, or protocol developed in accordance with policies approved
   22-2  by the facility's medical staff or a committee thereof as provided
   22-3  in facility bylaws;
   22-4                          (ii)  the delegation occurs in the facility
   22-5  in which the physician is the medical director, the chief of
   22-6  medical staff, the chair of the credentialing committee, or a
   22-7  department chair;
   22-8                          (iii)  the delegation does not permit the
   22-9  carrying out or signing of prescription drug orders for the care or
  22-10  treatment of the patients of any other physician without the prior
  22-11  consent of that physician;
  22-12                          (iv)  delegation in a long-term care
  22-13  facility must be by the medical director, and the medical director
  22-14  is limited to delegating the carrying out and signing of
  22-15  prescription drug orders to no more than three advanced nurse
  22-16  practitioners or physician assistants or their full-time
  22-17  equivalents; and
  22-18                          (v)  under this paragraph, a physician may
  22-19  not delegate at more than one licensed hospital or more than one
  22-20  long-term care facility unless approved by the board.
  22-21                    (I)  In a licensed hospital or ambulatory
  22-22  surgical center, a physician may delegate to a certified registered
  22-23  nurse anesthetist the ordering of drugs and devices necessary to
  22-24  enable the certified registered nurse anesthetist to administer an
  22-25  anesthetic or an anesthesia-related service ordered by the
   23-1  physician.  The physician's order for anesthesia or
   23-2  anesthesia-related services need not be drug-specific,
   23-3  dose-specific, or administration-technique-specific.  Pursuant to
   23-4  the order and in accordance with facility policies or medical staff
   23-5  bylaws, the nurse anesthetist may select, obtain, and administer
   23-6  those drugs and apply the appropriate medical devices necessary to
   23-7  accomplish the order and maintain the patient within a sound
   23-8  physiological status.
   23-9                    (J)  A physician shall not be liable for the act
  23-10  or acts of a physician assistant or advanced nurse practitioner
  23-11  solely on the basis of having signed an order, a standing medical
  23-12  order, a standing delegation order, or protocols authorizing a
  23-13  physician assistant or advanced nurse practitioner to perform the
  23-14  act or acts of administering, providing, carrying out, or signing a
  23-15  prescription drug order unless the physician has reason to believe
  23-16  the physician assistant or advanced nurse practitioner lacked the
  23-17  competency to perform the act or acts.
  23-18                    (K)  The authority granted to a physician to
  23-19  delegate under this subdivision shall not be construed as limiting
  23-20  the authority of a physician to delegate under any other
  23-21  subdivision of this subsection.
  23-22        SECTION 13.  Article 4514, Revised Statutes, is amended by
  23-23  adding Section 8 to read as follows:
  23-24        Sec. 8.  APPROVAL OF REGISTERED NURSE FOR ADVANCED STATUS.
  23-25  (a)  The board shall adopt rules for approval of a registered nurse
   24-1  as an advanced nurse practitioner or an advanced practice nurse.
   24-2  "Advanced nurse practitioner" or "advanced practice nurse" means a
   24-3  registered nurse approved by the board to practice as an advanced
   24-4  practice nurse on the basis of completion of an advanced
   24-5  educational program.  The term includes a nurse practitioner, nurse
   24-6  midwife, nurse anesthetist, and clinical nurse specialist.
   24-7        (b)  The board shall adopt rules for the initial approval and
   24-8  biennial renewal of an advanced nurse practitioner to carry out or
   24-9  sign prescription drug orders under Section 3.06(d)(5) and (6),
  24-10  Medical Practice Act (Article 4495b, Vernon's Texas Civil
  24-11  Statutes).  The rules at a minimum shall:
  24-12              (1)  require completion of pharmacology and related
  24-13  pathology for initial approval;
  24-14              (2)  require continuing education in clinical
  24-15  pharmacology and related pathology in addition to any continuing
  24-16  education otherwise required under Article 4518, Revised Statutes;
  24-17  and
  24-18              (3)  provide for the issuing of a prescription
  24-19  authorization number to an advanced nurse practitioner approved
  24-20  under this section.
  24-21        SECTION 14.  Section 5, Article 4518, Revised Statutes, is
  24-22  amended to read as follows:
  24-23        Sec. 5.  Insofar as any of the following acts require
  24-24  substantial specialized judgment and skill and insofar as the
  24-25  proper performance of any of the following acts is based upon
   25-1  knowledge and application of the principles of biological,
   25-2  physical, and social science as acquired by a completed course in
   25-3  an approved school of professional nursing, "Professional Nursing"
   25-4  shall be defined as the performance for compensation of any nursing
   25-5  act (a) in the observation, assessment, intervention, evaluation,
   25-6  rehabilitation, care and counsel and health teachings of persons
   25-7  who are ill, injured or infirm or experiencing changes in normal
   25-8  health processes; (b) in the maintenance of health or prevention of
   25-9  illness; (c) in the administration of medications or treatments as
  25-10  ordered by a licensed physician, including a podiatric physician
  25-11  licensed by the Texas State Board of Podiatry Examiners, or
  25-12  dentists; (d) in the supervision or teaching of nursing; (e) in the
  25-13  administration, supervision, and evaluation of nursing practices,
  25-14  policies, and procedures; <or> (f) in <the requesting,> receiving
  25-15  <, and signing for> professional samples which have been requested
  25-16  and presigned for by the supervising physician and distributing the
  25-17  samples to patients at sites to which Sections <a site serving
  25-18  underserved populations, as provided by Section> 3.06(d)(5) and
  25-19  (6), Medical Practice Act (Article 4495b, Vernon's Texas Civil
  25-20  Statutes), apply; or (g) in the performing of acts delegated by a
  25-21  physician under Sections 3.06(d)(5) and (6), Medical Practice Act
  25-22  (Article 4495b, Vernon's Texas Civil Statutes) <and rules
  25-23  implementing that section>.  The foregoing shall not be deemed to
  25-24  include acts of medical diagnosis or prescription of therapeutic or
  25-25  corrective measures.  Nothing in this section shall be construed as
   26-1  prohibiting a registered nurse recognized by the board as having
   26-2  the specialized education and training required under Section 7,
   26-3  Article 4514, Revised Statutes, and functioning under adequate
   26-4  physician supervision from carrying out prescription drug orders or
   26-5  treatments under physician's orders, standing medical orders,
   26-6  standing delegation orders, or other orders or protocols.
   26-7        SECTION 15.  The importance of this legislation and the
   26-8  crowded condition of the calendars in both houses create an
   26-9  emergency and an imperative public necessity that the
  26-10  constitutional rule requiring bills to be read on three several
  26-11  days in each house be suspended, and this rule is hereby suspended,
  26-12  and that this Act take effect and be in force from and after its
  26-13  passage, and it is so enacted.