By Madla, Turner, West, Cain                           S.B. No. 673
          Substitute the following for S.B. No. 673:
          By Berlanga                                        C.S.S.B. No. 673
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to health care, including powers and duties of the center
    1-3  for rural health initiatives, powers and duties of registered
    1-4  nurses and physician assistants, managed health care plans for
    1-5  certain inmates, and health facilities and services for the elderly
    1-6  or disabled.
    1-7        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-8        SECTION 1.  Chapter 105, Health and Safety Code, is amended
    1-9  by adding Section 105.007 to read as follows:
   1-10        Sec. 105.007.  CLEARINGHOUSE.  (a)  As part of the
   1-11  comprehensive health professions resource center, the department
   1-12  shall develop and establish a clearinghouse for health
   1-13  professionals seeking collaborative practice.
   1-14        (b)  The department may:
   1-15              (1)  set and collect a reasonable fee to offset the
   1-16  cost of complying with this section;
   1-17              (2)  solicit, receive, and spend grants, gifts, and
   1-18  donations from public and private sources to comply with this
   1-19  section; and
   1-20              (3)  contract with public or private entities in the
   1-21  performance of its responsibilities under this section.
   1-22        SECTION 2.  Subsection (a), Section 106.025, Health and
   1-23  Safety Code, is amended to read as follows:
   1-24        (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
   2-26  programs;
   2-27              (10)  encourage the development of regional emergency
    3-1  transportation networks;
    3-2              (11)  work with state agencies, universities, and
    3-3  private interest groups to conduct and promote research on rural
    3-4  health issues, maintain and collect a timely data base, and develop
    3-5  and maintain a rural health resource library;
    3-6              (12)  solicit the assistance of other offices or
    3-7  programs of rural health in this state that are university-based to
    3-8  carry out the duties of this chapter;
    3-9              (13)  disseminate information and provide technical
   3-10  assistance to communities, health care providers, and individual
   3-11  consumers of health care services; <and>
   3-12              (14)  develop plans to implement a fee-for-service
   3-13  health care professional recruitment service and a medical supplies
   3-14  group purchasing program within the center;
   3-15              (15)  develop and initiate, in conjunction with the
   3-16  Texas State Board of Medical Examiners, the Board of Nurse
   3-17  Examiners, the Texas Department of Health, the Bureau of State
   3-18  Health Data and Policy Analysis, the Texas State Board of Physician
   3-19  Assistant Examiners, or other appropriate agencies, a study of
   3-20  rural health clinics to:
   3-21                    (A)  determine the efficiency and effectiveness
   3-22  of rural health clinics;
   3-23                    (B)  review the health outcomes of rural patients
   3-24  treated in rural health clinics and report those outcomes in the
   3-25  center's biennial report to the legislature;
   3-26                    (C)  identify and address efficiency barriers for
   3-27  the professional clinical relationship of physicians, nurses, and
    4-1  physician assistants;
    4-2                    (D)  assess the success of attracting primary
    4-3  care physicians and allied health professionals to rural areas; and
    4-4                    (E)  assess the appropriateness of the current
    4-5  clinic designation process;
    4-6              (16)  develop and initiate a quality assessment program
    4-7  to evaluate the health outcomes of rural patients treated in rural
    4-8  health clinics; and
    4-9              (17)  encourage the active participation by physicians
   4-10  and other health care providers in the early and periodic
   4-11  screening, diagnosis, and treatment program.
   4-12        SECTION 3.  Section 262.034, Health and Safety Code, is
   4-13  amended to read as follows:
   4-14        Sec. 262.034.  FACILITIES AND SERVICES FOR ELDERLY AND
   4-15  DISABLED <NURSING HOMES>.  (a)  <This section applies to an
   4-16  authority created by a municipality with a population of more than
   4-17  24,000 that is located in a county with a population of 1.5 million
   4-18  or more.>
   4-19        <(b)>  The authority may construct, acquire, own, operate,
   4-20  enlarge, improve, furnish, or equip one or more of the following
   4-21  types of facilities or services for the care of the elderly or
   4-22  disabled:
   4-23              (1)  a nursing home or similar long-term care facility;
   4-24              (2)  elderly housing;
   4-25              (3)  assisted living;
   4-26              (4)  home health;
   4-27              (5)  personal care;
    5-1              (6)  special care;
    5-2              (7)  continuing care; and
    5-3              (8)  durable medical equipment <one or more nursing
    5-4  homes or similar facilities for the care of the elderly.  The
    5-5  nursing home or similar facility may be located outside the
    5-6  municipal limits>.
    5-7        (b) <(c)>  The authority may lease or enter into an
    5-8  operations or management agreement relating to all or part of a
    5-9  <nursing home or similar> facility or service for the care of the
   5-10  elderly or disabled that is owned by the authority.  The authority
   5-11  may sell, transfer, otherwise convey, or close all or part of the
   5-12  <nursing home or similar> facility and may discontinue a service.
   5-13        (c) <(d)>  The authority may issue revenue bonds and other
   5-14  notes in accordance with this chapter to acquire, construct, or
   5-15  improve a <nursing home or similar> facility for the care of the
   5-16  elderly or disabled or to implement the delivery of a service for
   5-17  the care of the elderly or disabled.
   5-18        (d) <(e)>  For the purposes of this section, a <nursing home
   5-19  or similar> facility or service described by Subsection (a) <for
   5-20  the care of the elderly> is considered to be a hospital project
   5-21  under Chapter 223 (Hospital Project Financing Act).
   5-22        (e)  This section applies only to an authority that owns or
   5-23  operates a hospital licensed under Chapter 241 and that is located
   5-24  in:
   5-25              (1)  a county with a population of 35,000 or less;
   5-26              (2)  those portions of extended municipalities that the
   5-27  federal census bureau has determined to be rural; or
    6-1              (3)  an area that is not delineated as an urbanized
    6-2  area by the federal census bureau.
    6-3        SECTION 4.  Chapter 285, Health and Safety Code, is amended
    6-4  by adding Subchapter H to read as follows:
    6-5            SUBCHAPTER H.  LONG-TERM CARE AND RELATED FACILITIES
    6-6        Sec. 285.101.  FACILITIES OR SERVICES FOR ELDERLY OR
    6-7  DISABLED.  (a)  This subchapter applies only to a hospital,
    6-8  hospital district, or authority created and operated under Article
    6-9  IX, Texas Constitution, under a special law, or under this title
   6-10  that is located in:
   6-11              (1)  a county with a population of 35,000 or less;
   6-12              (2)  those portions of extended municipalities that the
   6-13  federal census bureau has determined to be rural; or
   6-14              (3)  an area that is not delineated as an urbanized
   6-15  area by the federal census bureau.
   6-16        (b)  A hospital, hospital district, or authority covered by
   6-17  this subchapter may:
   6-18              (1)  construct, acquire, own, operate, enlarge,
   6-19  improve, furnish, or equip one or more of the following types of
   6-20  facilities or services for the care of the elderly or disabled:
   6-21                    (A)  a nursing home or similar long-term care
   6-22  facility;
   6-23                    (B)  elderly housing;
   6-24                    (C)  assisted living;
   6-25                    (D)  home health;
   6-26                    (E)  personal care;
   6-27                    (F)  special care;
    7-1                    (G)  continuing care; or
    7-2                    (H)  durable medical equipment;
    7-3              (2)  lease or enter into an operations or management
    7-4  agreement relating to all or part of a facility or service
    7-5  described in Subdivision (1) that is owned by the hospital district
    7-6  or authority;
    7-7              (3)  close, transfer, sell, or otherwise convey all or
    7-8  part of a facility and discontinue services; and
    7-9              (4)  issue revenue bonds and other notes to acquire,
   7-10  construct, or improve a facility for the care of the elderly or
   7-11  disabled or to implement the delivery of a service for the care of
   7-12  the elderly or disabled.
   7-13        (c)  For the purpose of this section, a facility or service
   7-14  created under Subsection (b) is considered to be a hospital project
   7-15  under Chapter 223.
   7-16        SECTION 5.  Subdivisions (4) and (13), Section 483.001,
   7-17  Health and Safety Code, are amended as follows:
   7-18              (4)  "Designated agent" means:
   7-19                    (A)  a licensed nurse, physician assistant,
   7-20  pharmacist, or other individual designated by a practitioner to
   7-21  communicate prescription drug orders to a pharmacist;
   7-22                    (B)  a licensed nurse, physician assistant, or
   7-23  pharmacist employed in a health care facility to whom the
   7-24  practitioner communicates a prescription drug order; or
   7-25                    (C)  a registered nurse or physician assistant
   7-26  authorized by a practitioner to carry out a prescription drug order
   7-27  for dangerous drugs under Section 3.06(5) or (6), Medical Practice
    8-1  Act (Article 4495b, Vernon's Texas Civil Statutes).
    8-2              (13)  "Prescription" means an order from a
    8-3  practitioner, or an agent of the practitioner designated in writing
    8-4  as authorized to communicate prescriptions, or an order made in
    8-5  accordance with Section 3.06(d)(5) or (6), Medical Practice Act
    8-6  (Article 4495b, Vernon's Texas Civil Statutes), to a pharmacist for
    8-7  a dangerous drug to be dispensed that states:
    8-8                    (A)  the date of the order's issue;
    8-9                    (B)  the name and address of the patient;
   8-10                    (C)  if the drug is prescribed for an animal, the
   8-11  species of animal;
   8-12                    (D)  the name and quantity of the drug
   8-13  prescribed;
   8-14                    (E)  the directions for the use of the drug;
   8-15  <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; and
   8-26                    (H)  the name, address, and telephone number of
   8-27  the registered nurse or physician assistant, legibly printed or
    9-1  stamped, if signed by a registered nurse or physician assistant.
    9-2        SECTION 6.  Subsection (a), Section 483.042, Health and
    9-3  Safety Code, is amended as follows:
    9-4        (a)  A person commits an offense if the person delivers or
    9-5  offers to deliver a dangerous drug:
    9-6              (1)  unless:
    9-7                    (A)  the dangerous drug is delivered or offered
    9-8  for delivery by a pharmacist under:
    9-9                          (i)  a prescription issued by a
   9-10  practitioner described Section 483.001(12)(A) or (B); <or>
   9-11                          (ii)  a prescription signed by a registered
   9-12  nurse or physician assistant in accordance with Section 3.06(d)(5)
   9-13  or (6), Medical Practice Act (Article 4495b, Vernon's Texas Civil
   9-14  Statutes); or
   9-15                          (iii)  an original written prescription
   9-16  issued by a practitioner described by Section 483.001(12)(C); and
   9-17                    (B)  a label is attached to the immediate
   9-18  container in which the drug is delivered or offered to be delivered
   9-19  and the label contains the following information:
   9-20                          (i)  the name and address of the pharmacy
   9-21  from which the drug is delivered or offered for delivery;
   9-22                          (ii)  the date the prescription for the
   9-23  drug is dispensed;
   9-24                          (iii)  the number of the prescription as
   9-25  filed in the prescription files of the pharmacy from which the
   9-26  prescription is dispensed;
   9-27                          (iv)  the name of the practitioner who
   10-1  prescribed the drug and, if applicable, the name of the registered
   10-2  nurse or physician assistant who signed the prescription;
   10-3                          (v)  the name of the patient and, if the
   10-4  drug is prescribed for an animal, a statement of the species of the
   10-5  animal; and
   10-6                          (vi)  directions for the use of the drug as
   10-7  contained in the prescription; or
   10-8              (2)  unless:
   10-9                    (A)  the dangerous drug is delivered or offered
  10-10  for delivery by:
  10-11                          (i)  a practitioner in the course of
  10-12  practice; or
  10-13                          (ii)  a registered nurse or physician
  10-14  assistant in the course of practice in accordance with Section
  10-15  3.06(d)(5) or (6), Medical Practice Act (Article 4495b, Vernon's
  10-16  Texas Civil Statutes); and
  10-17                    (B)  a label is attached to the immediate
  10-18  container in which the drug is delivered or offered to be delivered
  10-19  and the label contains the following information:
  10-20                          (i)  the name and address of the
  10-21  practitioner who prescribed the drug, and if applicable, the name
  10-22  and address of the registered nurse or physician assistant;
  10-23                          (ii)  the date the drug is delivered;
  10-24                          (iii)  the name of the patient and, if the
  10-25  drug is prescribed for an animal, a statement of the species of the
  10-26  animal; and
  10-27                          (iv)  the name of the drug, the strength of
   11-1  the drug, and directions for the use of the drug.
   11-2        SECTION 7.  Subsection (d), Section 671.001, Health and
   11-3  Safety Code, is amended to read as follows:
   11-4        (d)  A registered nurse or physician assistant may determine
   11-5  and pronounce a person dead in situations other than those
   11-6  described by Subsection (b) if permitted by written policies of a
   11-7  licensed health care facility, institution, or entity providing
   11-8  services to that person.  Those policies must include physician
   11-9  assistants who are credentialed or otherwise permitted to practice
  11-10  at the facility, institution, or entity.  If the facility,
  11-11  institution, or entity has an organized nursing staff and an
  11-12  organized medical staff or medical consultant, the nursing staff
  11-13  and medical staff or consultant shall jointly develop and approve
  11-14  those policies.  The board shall adopt rules to govern policies for
  11-15  facilities, institutions, or entities that do not have organized
  11-16  nursing staffs and organized medical staffs or medical consultants.
  11-17        SECTION 8.  Section 671.002, Health and Safety Code, is
  11-18  amended to read as follows:
  11-19        Sec. 671.002.  Limitation of Liability.  (a)  A physician who
  11-20  determines death in accordance with Section 671.001(b) or a
  11-21  registered nurse or physician assistant who determines death in
  11-22  accordance with Section 671.001(d) is not liable for civil damages
  11-23  or subject to criminal prosecution for the physician's, <or>
  11-24  registered nurse's, or physician assistant's actions or the actions
  11-25  of others based on the determination of death.
  11-26        (b)  A person who acts in good faith in reliance on a
  11-27  physician's, <or> registered nurse's, or physician assistant's
   12-1  determination of death is not liable for civil damages or subject
   12-2  to criminal prosecution for the person's actions.
   12-3        SECTION 9.  Subsection (c), Section 51.918, Education Code,
   12-4  is amended to read as follows:
   12-5        (c)  The Center for Rural Health Initiatives shall develop
   12-6  relief service programs for rural physicians and allied health
   12-7  personnel to facilitate ready access to continuing medical
   12-8  education or practice coverage for purposes other than continuing
   12-9  medical education.
  12-10        SECTION 10.  Section 501.059, Government Code, as added by
  12-11  Chapter 238, Acts of the 73rd Legislature, 1993, is amended to read
  12-12  as follows:
  12-13        Sec. 501.059.  Managed Health Care Advisory Committee.
  12-14  (a)  The Managed Health Care Advisory Committee to the Texas
  12-15  Department of Criminal Justice is established.
  12-16        (b)  The committee consists of:
  12-17              (1)  two members employed full-time by the department,
  12-18  at least one of whom is a physician, appointed by the executive
  12-19  director;
  12-20              (2)  two members employed full-time by The University
  12-21  of Texas Medical Branch at Galveston, at least one of whom is a
  12-22  physician, appointed by the president of the medical branch; and
  12-23              (3)  two members employed full-time by the Texas Tech
  12-24  University Health Sciences Center, at least one of whom is a
  12-25  physician, appointed by the president of the university.
  12-26        (c)  A committee member serves at the pleasure of the
  12-27  appointing official or until termination of the member's employment
   13-1  with the entity the member represents.
   13-2        (d)  An appointment to the committee shall be made without
   13-3  regard to the race, creed, sex, religion, or national origin of the
   13-4  appointee.
   13-5        (e)  A committee member serves without compensation but is
   13-6  entitled to reimbursement for actual and necessary expenses
   13-7  incurred in the performance of the duties of the committee.
   13-8        (f)  The committee may hire a managed health care
   13-9  administrator and may employ personnel necessary for the
  13-10  administration of the committee's duties.
  13-11        (g)  The committee shall develop a managed health care plan
  13-12  for all inmates at the institutional division that includes:
  13-13              (1)  the establishment of a managed care network of
  13-14  physicians and hospitals that will serve the institutional division
  13-15  as the exclusive health care provider for inmates at each facility
  13-16  of the institutional division;
  13-17              (2)  cost containment studies; <and>
  13-18              (3)  care case management and utilization management
  13-19  studies performed exclusively for the institutional division; and
  13-20              (4)  concerning the establishment of criteria for
  13-21  hospitals, home health, or hospice providers, a provision requiring
  13-22  the managed health care plan to accept certification by the
  13-23  Medicare program under Title XVIII, Social Security Act, as amended
  13-24  (42 U.S.C. Section 1395 et seq.), as an alternative to
  13-25  accreditation by the Joint Commission on Accreditation of
  13-26  Healthcare Organizations.
  13-27        (h)  To the extent possible the committee shall integrate the
   14-1  managed care network with the public medical schools of this state
   14-2  and the component and affiliated hospitals of those medical
   14-3  schools.
   14-4        (i)  For those services for which the public medical schools
   14-5  and their components and affiliates cannot provide, the committee
   14-6  shall initiate a competitive bidding process for contracts with
   14-7  other providers for medical care to inmates confined in the
   14-8  institutional division.
   14-9        (j)  The committee may enter into a contract on behalf of the
  14-10  department to fully implement the managed health care plan under
  14-11  Subsection (g).
  14-12        (k)  The department shall pay necessary costs for the
  14-13  operation of the committee, including costs of personnel, from
  14-14  funds appropriated by the legislature to the department.
  14-15        (l)  The managed health care plan, inclusive of the health
  14-16  care administrator and necessary personnel proposed by the
  14-17  committee, must cost the state less than what is presently
  14-18  provided, otherwise the status quo shall be maintained.
  14-19        SECTION 11.  Subdivisions (19) and (42), Section 5, Texas
  14-20  Pharmacy Act (Article 4542-1, Vernon's Texas Civil Statutes), are
  14-21  amended to read as follows:
  14-22              (19)  "Designated agent" means:
  14-23                    (A)  a licensed nurse, physician assistant,
  14-24  pharmacist, or other individual designated by a practitioner, and
  14-25  for whom the practitioner assumes legal responsibility, who
  14-26  communicates prescription drug orders to a pharmacist;
  14-27                    (B)  a licensed nurse, physician assistant, or
   15-1  pharmacist employed in a health care facility to whom the
   15-2  practitioner communicates a prescription drug order; or
   15-3                    (C)  a registered nurse or physician assistant
   15-4  authorized by a practitioner to carry out a prescription drug order
   15-5  for dangerous drugs under Subdivision (5) or (6), Subsection (d),
   15-6  Section 3.06, Medical Practice Act (Article 4495b, Vernon's Texas
   15-7  Civil Statutes).
   15-8              (42)  "Prescription drug order" means:
   15-9                    (A)  an order from a practitioner or a
  15-10  practitioner's designated agent to a pharmacist for a drug or
  15-11  device to be dispensed; or
  15-12                    (B)  an order pursuant to Subdivision (5) or (6),
  15-13  Subsection (d), Section 3.06, Medical Practice Act (Article 4495b,
  15-14  Vernon's Texas Civil Statutes).
  15-15        SECTION 12.  Subdivision (5), Subsection (d), Section 3.06,
  15-16  Medical Practice Act (Article 4495b, Vernon's Texas Civil
  15-17  Statutes), is amended to read as follows:
  15-18              (5)(A)  At a site serving a medically under served
  15-19  population, a physician licensed by the board shall be authorized
  15-20  to delegate to a registered nurse or physician assistant acting
  15-21  under adequate physician supervision, the act or acts of
  15-22  administering, providing, or carrying out or signing a prescription
  15-23  drug order as authorized by the physician through physician's
  15-24  orders, standing medical orders, standing delegation orders, or
  15-25  other orders or protocols as defined by the board.
  15-26                    (B)(i)  The carrying out or signing of
  15-27  prescription drug orders under this subsection shall comply with
   16-1  other applicable laws.
   16-2                          (ii)  The authority of a physician to
   16-3  delegate the carrying out or signing of prescription drug orders is
   16-4  limited to dangerous drugs.
   16-5                    (C)  Protocols and other orders shall be defined
   16-6  to promote the exercise of professional judgement by the advanced
   16-7  nurse practitioner and physician assistant commensurate with their
   16-8  education and experience.  Under this subdivision, protocols and
   16-9  other orders used by a reasonable and prudent physician exercising
  16-10  sound medical judgement:
  16-11                          (i)  need not describe the exact steps that
  16-12  an advanced nurse practitioner or a physician assistant must take
  16-13  with respect to each specific condition, disease or symptom; and
  16-14                          (ii)  may state the types or categories of
  16-15  medications that may be prescribed or in terms of categories or
  16-16  types of medications that may not be prescribed.
  16-17                    (D)  Physician supervision shall be adequate if a
  16-18  delegating physician:
  16-19                          (i)  is responsible for the formulation or
  16-20  approval of such physician's orders, standing medical orders,
  16-21  standing delegation orders, or other orders or protocols and
  16-22  periodically reviews such orders and the services provided patients
  16-23  under such orders;
  16-24                          (ii)  is on site at least once a week to
  16-25  provide medical direction and consultation;
  16-26                          (iii)  receives a daily status report from
  16-27  the registered nurse or physician assistant on any problems or
   17-1  complication encountered; and
   17-2                          (iv)  is available through direct
   17-3  telecommunication for consultation, assistance with medical
   17-4  emergencies, or patient referral.
   17-5                    (<D> E)  In this subsection:
   17-6                          (i)  "Registered nurse" means a registered
   17-7  nurse recognized by the Board of Nurse Examiners as having the
   17-8  specialized education and training required under Section <7> 6,
   17-9  Article 4514, Revised Statutes.
  17-10                          (ii)  "Physician assistant" has the meaning
  17-11  assigned to that term by Section 2(3), Physician Assistant
  17-12  Licensing Act<, and its subsequent amendments> (Article 4495b-1,
  17-13  Vernon's Texas Civil Statutes).
  17-14                          (iii)  "Carrying out or signing a
  17-15  prescription drug order" means the completion of <to complete> a
  17-16  prescription drug order presigned by the delegating physician, or
  17-17  the signing of a prescription by a registered nurse or physician
  17-18  assistant after the person has been designated with the board by
  17-19  the delegating physician as a person delegated to sign a
  17-20  prescription.  The following information shall be provided on each
  17-21  prescription <by providing the following information>: the
  17-22  patient's name and address; the drug to be dispensed; directions to
  17-23  the patient in regard to the taking and dosage; the intended use of
  17-24  the drug, if appropriate; the name, address, and telephone number
  17-25  of the physician; the name, address, telephone and identification
  17-26  number of the registered nurse or physician assistant completing or
  17-27  signing the prescription drug order; the date; and the number of
   18-1  refills permitted.  The board may adopt additional methods to carry
   18-2  into effect or put into force a physician's prescription or
   18-3  delegation of the signing of a prescription under physician's
   18-4  orders, standing medical orders, standing delegation orders, or
   18-5  other orders or protocols.
   18-6                          (iv)  "A site serving a medically
   18-7  underserved population" means:
   18-8                                (a)  a site located in a medically
   18-9  underserved area;
  18-10                                (b)  a site located in a health
  18-11  manpower shortage area;
  18-12                                (c)  a clinic designated as a rural
  18-13  health clinic under the Rural Health Clinic Services Act of 1977
  18-14  (Pub. L. No. 95-210);
  18-15                                (d)  a public health clinic or a
  18-16  family planning clinic under contract with the Texas Department of
  18-17  Human Services or the Texas Department of Health;
  18-18                                (e)  a site located in an area in
  18-19  which the Texas Department of Health determines there exists an
  18-20  insufficient number of physicians providing services to eligible
  18-21  clients of federal, state, or locally funded health care programs;
  18-22  or
  18-23                                (f)  a site that the Texas Department
  18-24  of Health determines serves a disproportionate number of clients
  18-25  eligible to participate in federal, state, or locally funded health
  18-26  care programs.
  18-27                          (v)  "Health manpower shortage area" means
   19-1  (1) an area in an urban or rural area of Texas (which need not
   19-2  conform to the geographic boundaries of a political subdivision and
   19-3  which is a rational area for the delivery of health services) which
   19-4  the secretary of health and human services determines has a health
   19-5  manpower shortage and which is not reasonably accessible to an
   19-6  adequately served area; (2) a population group which the secretary
   19-7  determines to have such a shortage; or (3) a public or nonprofit
   19-8  private medical facility or other facility which the secretary
   19-9  determines has such a shortage as delineated in 42 U.S.C. Section
  19-10  254(e)(a)(1).
  19-11                          (vi)  "Medically underserved area" means an
  19-12  area in Texas with a medically underserved population or an urban
  19-13  or rural area designated by the secretary of health and human
  19-14  services as an area in Texas with a shortage of personal health
  19-15  services or a population group designated by the secretary as
  19-16  having a shortage of such services (as defined in 42 U.S.C. Section
  19-17  300(e)-1(7)).  The term also includes an area defined by rule
  19-18  adopted by the Texas Board of Health that is based on demographics
  19-19  specific to this state, geographic factors that affect access to
  19-20  health care, and environmental health factors.
  19-21                    (<E> F)  After making a determination under
  19-22  <either> Subdivision (D)(iv)(e), <or> (D)(iv)(f), or (D)(vi) that a
  19-23  site serves a medically underserved population, the Texas
  19-24  Department of Health shall publish notice of its determination in
  19-25  the Texas Register and provide an opportunity for public comment in
  19-26  the same manner as for a proposed rule under Chapter 2001,
  19-27  Government Code <the Administrative Procedure and Texas Register
   20-1  Act (Article 6252-13a, Vernon's Texas Civil Statutes)>.
   20-2                    (<F> G)  The authority granted to a physician to
   20-3  delegate under this subdivision shall not be construed as limiting
   20-4  the authority of a physician to delegate under any other
   20-5  subdivision of this subsection.
   20-6                    (<G> H)  An advertisement for a site serving a
   20-7  medically under served population shall include the name and
   20-8  business address of the supervising physician for the site.
   20-9        SECTION 13.  Subsection (d), Section 3.06, Medical Practice
  20-10  Act (Article 4495b, Vernon's Texas Civil Statutes) is amended by
  20-11  adding Subdivision (6) to read as follows:
  20-12              (6)(A)  At a physician's primary practice site or a
  20-13  location as described by Paragraph (H) of this subdivision, a
  20-14  physician licensed by the board may delegate to a physician
  20-15  assistant or an advanced nurse practitioner acting under adequate
  20-16  physician supervision the act or acts of administering, providing,
  20-17  carrying out or signing a prescription drug order as authorized
  20-18  through physician's orders, standing medical orders, standing
  20-19  delegation orders, or other orders or protocols as defined by the
  20-20  board.  Providing and carrying out or signing a prescription drug
  20-21  order under this subdivision is limited to dangerous drugs.
  20-22                    (B)  Protocols and other orders shall be defined
  20-23  to promote the exercise of professional judgment by the advanced
  20-24  nurse practitioner and physician assistant commensurate with their
  20-25  education and experience.  Under this subdivision, protocols and
  20-26  other orders used by a reasonable and prudent physician exercising
  20-27  sound medical judgment:
   21-1                          (i)  need not describe the exact steps that
   21-2  an advanced nurse practitioner or a physician assistant must take
   21-3  with respect to each specific condition, disease, or symptom; and
   21-4                          (ii)  may state the types or categories of
   21-5  medications that may be prescribed or state in terms of categories
   21-6  or types of medications that may not be prescribed.
   21-7                    (C)  Physician supervision of the carrying out
   21-8  and signing of prescription drug orders shall conform to what a
   21-9  reasonable, prudent physician would find consistent with sound
  21-10  medical judgment but may vary with the education and experience of
  21-11  the advanced nurse practitioner or physician assistant.  A
  21-12  physician shall provide continuous supervision, but the constant
  21-13  physical presence of the physician is not required.
  21-14                    (D)  An alternate physician may provide
  21-15  appropriate supervision on a temporary basis as defined and
  21-16  established by the board by rule.
  21-17                    (E)  The carrying out or signing of prescription
  21-18  drug orders under this subdivision shall comply with other
  21-19  applicable laws.
  21-20                    (F)  A physician's authority to delegate the
  21-21  carrying out or signing of a prescription drug order at his primary
  21-22  practice site under this subdivision is limited to:
  21-23                          (i)  three physician assistants or advanced
  21-24  nurse practitioners or their full-time equivalents practicing at
  21-25  the physician's primary practice site; and
  21-26                          (ii)  the patients with whom the physician
  21-27  has established or will establish a physician-patient relationship,
   22-1  but this shall not be construed as requiring the physician to see
   22-2  the patient within a specific period of time.
   22-3                    (G)  In this subdivision:
   22-4                          (i)  "Advanced nurse practitioner" has the
   22-5  meaning assigned to that term by Section 8, Article 4514, Revised
   22-6  Statutes.
   22-7                          (ii)  "Physician assistant" has the meaning
   22-8  assigned to that term by Section 2(3), Physician Assistant
   22-9  Licensing Act, (Article 4495b-1, Vernon's Texas Civil Statutes).
  22-10                          (iii)  "Primary practice site" means:
  22-11                                (a)  the practice location where the
  22-12  physician spends the majority of the physician's time;
  22-13                                (b)  a licensed hospital, a licensed
  22-14  long term care facility, and a licensed adult care center where
  22-15  both the physician and the physician assistant or advanced nurse
  22-16  practitioner are authorized to practice, or an established
  22-17  patient's residence; or
  22-18                                (c)  where the physician is
  22-19  physically present with the physician assistant or advanced nurse
  22-20  practitioner.
  22-21                          (iv)  "Carrying out or signing a
  22-22  prescription drug order" means the completion of a prescription
  22-23  drug order presigned by a delegating physician or the signing of a
  22-24  prescription by a physician assistant or advanced nurse
  22-25  practitioner after the person has been designated with the board by
  22-26  the delegating physician as a person delegated to sign a
  22-27  prescription.  The following information shall be provided on each
   23-1  prescription:  the patient's name and address; the drug to be
   23-2  dispensed; directions to the patient in regard to the taking and
   23-3  dosage; the intended use of the drug, if appropriate; the name,
   23-4  address, and telephone number of the physician; the name, address,
   23-5  and telephone and identification number of the physician assistant
   23-6  or advanced nurse practitioner completing or signing the
   23-7  prescription drug order; the date; and the number of refills
   23-8  permitted.  The board may adopt additional methods to carry into
   23-9  effect or put into force a physician's prescription or delegation
  23-10  of the signing of a prescription under physician's orders, standing
  23-11  medical orders, standing delegation orders, or other orders or
  23-12  protocols.
  23-13                    (H)  A physician licensed by the board shall be
  23-14  authorized to delegate, to one or more physician assistants or
  23-15  advanced nurse practitioners acting under adequate physician
  23-16  supervision whose practice is facility based at a licensed hospital
  23-17  or licensed long term care facility, the carrying out or signing of
  23-18  prescription drug orders if the physician is the medical director
  23-19  or chief of medical staff of the facility in which the physician
  23-20  assistant or advanced nurse practitioner practices, the chair of
  23-21  the facility's credentialing committee, a department chair of a
  23-22  facility department in which the physician assistant or advanced
  23-23  nurse practitioner practices, or a physician who consents to the
  23-24  request of the medical director or chief of medical staff to
  23-25  delegate the carrying out or signing of prescription drug orders at
  23-26  the facility in which the physician assistant or advanced nurse
  23-27  practitioner practices.  A physician's authority to delegate under
   24-1  this paragraph is limited as follows:
   24-2                          (i)  the delegation is pursuant to a
   24-3  physician's order, standing medical order, standing delegation
   24-4  order, or other order or protocol developed in accordance with
   24-5  policies approved by the facility's medical staff or a committee
   24-6  thereof as provided in facility bylaws;
   24-7                          (ii)  the delegation occurs in the facility
   24-8  in which the physician is the medical director, the chief of
   24-9  medical staff, the chair of the credentialing committee, or a
  24-10  department chair;
  24-11                          (iii)  the delegation does not permit the
  24-12  carrying out or signing of prescription drug orders for the care or
  24-13  treatment of the patients of any other physician without the prior
  24-14  consent of that physician;
  24-15                          (iv)  delegation in a long-term care
  24-16  facility must be by the medical director and the medical director
  24-17  is limited to delegating the carrying out and signing of
  24-18  prescription drug orders to no more than three advanced nurse
  24-19  practitioners or physician assistants or their full-time
  24-20  equivalents; and
  24-21                          (v)  under this paragraph, a physician may
  24-22  not delegate at more than one licensed hospital or more than two
  24-23  long-term care facilities unless approved by the board.
  24-24                    (I)  In a licensed hospital or ambulatory
  24-25  surgical center a physician may delegate to a certified registered
  24-26  nurse anesthetist the ordering of drugs and devices necessary for a
  24-27  certified registered nurse anesthetist to administer an anesthetic
   25-1  or an anesthesia-related service ordered by the physician.  The
   25-2  physician's order for anesthesia or anesthesia-related services
   25-3  does not have to be drug-specific, dose-specific, or
   25-4  administration-technique-specific.  Pursuant to the order and in
   25-5  accordance with facility policies or medical staff bylaws, the
   25-6  nurse anesthetist may select, obtain, and administer those drugs
   25-7  and apply the appropriate medical devices necessary to accomplish
   25-8  the order and maintain the patient within a sound physiological
   25-9  status.
  25-10        This subsection shall be liberally construed to permit the
  25-11  full use of safe and effective medication orders to utilize the
  25-12  skills and services of certified registered nurse anesthetists.
  25-13                    (J)(i)  A physician may delegate to a physician
  25-14  assistant offering obstetrical services and certified by the board
  25-15  as specializing in obstetrics or an advanced nurse practitioner
  25-16  recognized by the Texas State Board of Nurse Examiners as a nurse
  25-17  midwife the act or acts of administering or providing controlled
  25-18  substances to the nurse midwife's or physician assistant's clients
  25-19  during intra-partum and immediate post-partum care.  The physician
  25-20  shall not delegate the use or issuance of a triplicate prescription
  25-21  form under the triplicate prescription program, Section 481.075,
  25-22  Health and Safety Code.
  25-23                          (ii)  The delegation of authority to
  25-24  administer or provide controlled substances under this paragraph
  25-25  must be under a physician's order, medical order, standing
  25-26  delegation order, or protocol which shall require adequate and
  25-27  documented availability for access to medical care.
   26-1                          (iii)  The physicians' orders, medical
   26-2  orders, standing delegation orders, or protocols shall provide for
   26-3  reporting or monitoring of clients' progress including
   26-4  complications of pregnancy and delivery and the administration and
   26-5  provision of controlled substances by the nurse midwife or
   26-6  physician assistant to the clients of the nurse midwife or
   26-7  physician assistant.
   26-8                          (iv)  The authority of a physician to
   26-9  delegate under this paragraph is limited to:
  26-10                                (a)  three nurse midwives or
  26-11  physician assistants or their full-time equivalents; and
  26-12                                (b)  the designated facility at which
  26-13  the nurse midwife or physician assistant provides care.
  26-14                          (v)  The administering or providing of
  26-15  controlled substances under this paragraph shall comply with other
  26-16  applicable laws.
  26-17                          (vi)  In this paragraph, "provide" means to
  26-18  supply one or more unit doses of a controlled substance for the
  26-19  immediate needs of a patient not to exceed 48 hours.
  26-20                          (vii)  The controlled substance shall be
  26-21  supplied in a suitable container that has been labeled in
  26-22  compliance with the applicable drug laws and shall include the
  26-23  patient's name and address; the drug to be provided; the name,
  26-24  address and telephone number of the physician; the name, address
  26-25  and telephone number of the nurse midwife or physician assistant;
  26-26  and the date.
  26-27                          (viii)  This paragraph does not permit the
   27-1  physician or nurse midwife or physician assistant to operate a
   27-2  retail pharmacy as defined under the Texas Pharmacy Act (Article
   27-3  4542a-1, Vernon's Texas Civil Statutes).
   27-4                          (ix)  This paragraph shall be construed to
   27-5  provide a physician the authority to delegate the act or acts of
   27-6  administering or providing controlled substances to a nurse midwife
   27-7  or physician assistant but not as requiring physician delegation of
   27-8  further acts to a nurse midwife or as requiring physician
   27-9  delegation of the administration of medications to registered
  27-10  nurses or physician assistants other than as provided in this
  27-11  paragraph.
  27-12                    (K)  A physician shall not be liable for the act
  27-13  or acts of a physician assistant or advanced nurse practitioner
  27-14  solely on the basis of having signed an order, a standing medical
  27-15  order, a standing delegation order, or other order or protocols
  27-16  authorizing a physician assistant or advanced nurse practitioner to
  27-17  perform the act or acts of administering, providing, carrying out
  27-18  or signing a prescription drug order unless the physician has
  27-19  reason to believe the physician assistant or advanced nurse
  27-20  practitioner lacked the competency to perform the act or acts.
  27-21                    (L)  The authority granted to a physician to
  27-22  delegate under this subdivision shall not be construed as limiting
  27-23  the authority of a physician to delegate under any other
  27-24  subdivision of this subsection.
  27-25        SECTION 14.  Article 4514, Revised Statutes, is amended by
  27-26  adding a Section 8 to read as follows:
  27-27        Sec. 8.  APPROVAL OF REGISTERED NURSE FOR ADVANCED STATUS.
   28-1  (a)  The board shall adopt rules for approval of a registered nurse
   28-2  as an advanced nurse practitioner or an advanced practice nurse.
   28-3  "Advanced nurse practitioner" or "advanced practice nurse" means a
   28-4  registered nurse approved by the board to practice as an advanced
   28-5  practice nurse on the basis of completion of an advanced
   28-6  educational program.  The term includes a nurse practitioner, nurse
   28-7  midwife, nurse anesthetist and clinical nurse specialist.
   28-8        (b)  The board shall adopt rules for the initial approval and
   28-9  biennial renewal of an advanced nurse practitioner to carry out or
  28-10  sign prescription drug orders under Section 3.06(d)(5) or (6),
  28-11  Medical Practice Act (Article 4495b, Vernon's Texas Civil
  28-12  Statutes).  The rules at a minimum shall:
  28-13              (1)  require completion of pharmacology and related
  28-14  pathology for initial approval;
  28-15              (2)  require continuing education in clinical
  28-16  pharmacology and related pathology in addition to any continuing
  28-17  education otherwise required under Article 4518, Revised Statutes;
  28-18  and
  28-19              (3)  provide for the issuing of a prescription
  28-20  authorization number to an advanced nurse practitioner approved
  28-21  under this section.
  28-22        SECTION 15.  Section 5, Article 4518, Revised Statutes, is
  28-23  amended to read as follows:
  28-24        Sec. 5.  Insofar as any of the following acts require
  28-25  substantial specialized judgment and skill and insofar as the
  28-26  proper performance of any of the following acts is based upon
  28-27  knowledge and application of the principles of biological,
   29-1  physical, and social science as acquired by a completed course in
   29-2  an approved school of professional nursing, "Professional Nursing"
   29-3  shall be defined as the performance for compensation of any nursing
   29-4  act (a) in the observation, assessment, intervention, evaluation,
   29-5  rehabilitation, care and counsel and health teachings of persons
   29-6  who are ill, injured or infirm or experiencing changes in normal
   29-7  health processes; (b) in the maintenance of health or prevention of
   29-8  illness; (c) in the administration of medications or treatments as
   29-9  ordered by a licensed physician, including a podiatric physician
  29-10  licensed by the Texas State Board of Podiatry Examiners, or
  29-11  dentist; (d) in the supervision or teaching of nursing; (e) in the
  29-12  administration, supervision, and evaluation of nursing practices,
  29-13  policies, and procedures; <or> (f) in the requesting, receiving,
  29-14  <and> signing for, <professional samples> and distributing <the> of
  29-15  prescription drug samples to patients at <a> sites <serving
  29-16  underserved populations, as provided> at which a registered nurse
  29-17  is authorized to sign prescription drug orders by Section
  29-18  3.06(d)(5) or (6), Medical Practice Act (Article 4495b, Vernon's
  29-19  Texas Civil Statutes)<, and rules implementing that section>; or
  29-20  (g) in the performing of acts delegated by a physician under
  29-21  Section 3.06(d)(5) or (6), Medical Practice Act (Article 4495b,
  29-22  Vernon's Texas Civil Statutes).  The foregoing shall not be deemed
  29-23  to include acts of medical diagnosis or prescription of therapeutic
  29-24  or corrective measures.  Nothing in this section shall be construed
  29-25  as prohibiting a registered nurse recognized by the board as having
  29-26  the specialized education and training required under Section <7>
  29-27  6, Article 4514, Revised Statutes, and functioning under adequate
   30-1  physician supervision from carrying out prescription drug orders or
   30-2  treatments under physician's orders, standing medical orders,
   30-3  standing delegation orders, or other orders or protocols.
   30-4        SECTION 16.  The importance of this legislation and the
   30-5  crowded condition of the calendars in both houses create an
   30-6  emergency and an imperative public necessity that the
   30-7  constitutional rule requiring bills to be read on three several
   30-8  days in each house be suspended, and this rule is hereby suspended,
   30-9  and that this Act take effect and be in force from and after its
  30-10  passage, and it is so enacted.