1-1  By:  Madla, Turner, Cain, West                         S.B. No. 673
    1-2        (In the Senate - Filed February 21, 1995; February 21, 1995,
    1-3  read first time and referred to Committee on Health and Human
    1-4  Services; May 1, 1995, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 9, Nays 0; May 1, 1995,
    1-6  sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR S.B. No. 673                    By:  Madla
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to health care, including powers and duties of the center
   1-11  for rural health initiatives, powers and duties of registered
   1-12  nurses and physician assistants, managed health care plans for
   1-13  certain inmates, and health facilities and services for the elderly
   1-14  or disabled.
   1-15        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-16        SECTION 1.  Chapter 105, Health and Safety Code, is amended
   1-17  by adding Section 105.007 to read as follows:
   1-18        Sec. 105.007.  CLEARINGHOUSE.  (a)  As part of the
   1-19  comprehensive health professions resource center, the department
   1-20  shall develop and establish a clearinghouse for health
   1-21  professionals seeking collaborative practice.
   1-22        (b)  The department may:
   1-23              (1)  set and collect a reasonable fee to offset the
   1-24  cost of complying with this section;
   1-25              (2)  solicit, receive, and spend grants, gifts, and
   1-26  donations from public and private sources to comply with this
   1-27  section; and
   1-28              (3)  contract with public or private entities in the
   1-29  performance of its responsibilities under this section.
   1-30        SECTION 2.  Subsection (a), Section 106.025, Health and
   1-31  Safety Code, is amended to read as follows:
   1-32        (a)  The center shall:
   1-33              (1)  educate the public and recommend appropriate
   1-34  public policies regarding the continued viability of rural health
   1-35  care delivery in this state;
   1-36              (2)  monitor and work with state and federal agencies
   1-37  to assess the impact of proposed rules on rural areas;
   1-38              (3)  provide impact statements of proposed rules as
   1-39  considered appropriate by the center;
   1-40              (4)  streamline regulations to assist in the
   1-41  development of service diversification of health care facilities;
   1-42              (5)  target state and federal programs to rural areas;
   1-43              (6)  promote and develop community involvement and
   1-44  community support in maintaining, rebuilding, or diversifying local
   1-45  health services;
   1-46              (7)  promote and develop diverse and innovative health
   1-47  care service models in rural areas;
   1-48              (8)  encourage the use of advanced communications
   1-49  technology to:
   1-50                    (A)  ensure that rural areas receive the maximum
   1-51  benefits of telemedicine and distance learning by promoting a
   1-52  transmission rate structure that accommodates rural needs and by
   1-53  improving the telecommunications infrastructure in rural areas; and
   1-54                    (B)  provide access to specialty expertise,
   1-55  clinical consultation, and continuing education;
   1-56              (9)  assist rural health care providers, communities,
   1-57  and individuals in applying for public and private grants and
   1-58  programs;
   1-59              (10)  encourage the development of regional emergency
   1-60  transportation networks;
   1-61              (11)  work with state agencies, universities, and
   1-62  private interest groups to conduct and promote research on rural
   1-63  health issues, maintain and collect a timely data base, and develop
   1-64  and maintain a rural health resource library;
   1-65              (12)  solicit the assistance of other offices or
   1-66  programs of rural health in this state that are university-based to
   1-67  carry out the duties of this chapter;
   1-68              (13)  disseminate information and provide technical
    2-1  assistance to communities, health care providers, and individual
    2-2  consumers of health care services; <and>
    2-3              (14)  develop plans to implement a fee-for-service
    2-4  health care professional recruitment service and a medical supplies
    2-5  group purchasing program within the center;
    2-6              (15)  develop and initiate a study of rural health
    2-7  clinics to:
    2-8                    (A)  determine the efficiency and effectiveness
    2-9  of rural health clinics;
   2-10                    (B)  review the health outcomes of rural patients
   2-11  treated in rural health clinics and report those outcomes in the
   2-12  center's biennial report to the legislature;
   2-13                    (C)  identify and address efficiency barriers for
   2-14  the professional clinical relationship of physicians, nurses, and
   2-15  physician assistants;
   2-16                    (D)  assess the success of attracting primary
   2-17  care physicians and allied health professionals to rural areas; and
   2-18                    (E)  assess the appropriateness of the current
   2-19  clinic designation process;
   2-20              (16)  develop and initiate a quality assessment program
   2-21  to evaluate the health outcomes of rural patients treated in rural
   2-22  health clinics; and
   2-23              (17)  encourage the active participation by physicians
   2-24  and other health care providers in the early periodic diagnosis and
   2-25  treatment program.
   2-26        SECTION 3.  Section 262.034, Health and Safety Code, is
   2-27  amended to read as follows:
   2-28        Sec. 262.034.  FACILITIES AND SERVICES FOR ELDERLY AND
   2-29  DISABLED <NURSING HOMES>.  (a)  <This section applies to an
   2-30  authority created by a municipality with a population of more than
   2-31  24,000 that is located in a county with a population of 1.5 million
   2-32  or more.>
   2-33        <(b)>  The authority may construct, acquire, own, operate,
   2-34  enlarge, improve, furnish, or equip one or more of the following
   2-35  types of facilities or  services for the care of the elderly or
   2-36  disabled:
   2-37              (1)  a nursing home or similar long-term care facility;
   2-38              (2)  elderly housing;
   2-39              (3)  assisted living;
   2-40              (4)  home health;
   2-41              (5)  personal care;
   2-42              (6)  special care;
   2-43              (7)  continuing care; and
   2-44              (8)  durable medical equipment <one or more nursing
   2-45  homes or similar facilities for the care of the elderly.  The
   2-46  nursing home or similar facility may be located outside the
   2-47  municipal limits>.
   2-48        (b) <(c)>  The authority may lease or enter into an
   2-49  operations or management agreement relating to all or part of a
   2-50  <nursing home or similar> facility or service for the care of the
   2-51  elderly or disabled that is owned by the authority.  The authority
   2-52  may sell, transfer, otherwise convey, or close all or part of the
   2-53  <nursing home or similar> facility and may discontinue a service.
   2-54        (c) <(d)>  The authority may issue revenue bonds and other
   2-55  notes in accordance with this chapter to acquire, construct, or
   2-56  improve a <nursing home or similar> facility for the care of the
   2-57  elderly or disabled or to implement the delivery of a service for
   2-58  the care of the elderly or disabled.
   2-59        (d) <(e)>  For the purposes of this section, a <nursing home
   2-60  or similar> facility or service described by Subsection (a) <for
   2-61  the care of the elderly> is considered to be a hospital project
   2-62  under Chapter 223 (Hospital Project Financing Act).
   2-63        (e)  This section applies only to an authority that owns or
   2-64  operates a hospital licensed under Chapter 241 and that is located
   2-65  in:
   2-66              (1)  a county with a population of 35,000 or less;
   2-67              (2)  those portions of extended municipalities that the
   2-68  federal census bureau has determined to be rural; or
   2-69              (3)  an area that is not delineated as an urbanized
   2-70  area by the federal census bureau.
    3-1        SECTION 4.  Chapter 285, Health and Safety Code, is amended
    3-2  by adding Subchapter H to read as follows:
    3-3         SUBCHAPTER H.  LONG-TERM CARE AND RELATED FACILITIES
    3-4        Sec. 285.101.  FACILITIES OR SERVICES FOR ELDERLY OR
    3-5  DISABLED.  (a)  This subchapter applies only to a hospital,
    3-6  hospital district, or authority created and operated under Article
    3-7  IX, Texas Constitution, under a special law, or under this title
    3-8  that is located in:
    3-9              (1)  a county with a population of 35,000 or less;
   3-10              (2)  those portions of extended municipalities that the
   3-11  federal census bureau has determined to be rural; or
   3-12              (3)  an area that is not delineated as an urbanized
   3-13  area by the federal census bureau.
   3-14        (b)  A hospital, hospital district, or authority covered by
   3-15  this subchapter may:
   3-16              (1)  construct, acquire, own, operate, enlarge,
   3-17  improve, furnish, or equip one or more of the following types of
   3-18  facilities or services for the care of the elderly or disabled:
   3-19                    (A)  a nursing home or similar long-term care
   3-20  facility;
   3-21                    (B)  elderly housing;
   3-22                    (C)  assisted living;
   3-23                    (D)  home health;
   3-24                    (E)  personal care;
   3-25                    (F)  special care;
   3-26                    (G)  continuing care; or
   3-27                    (H)  durable medical equipment;
   3-28              (2)  lease or enter into an operations or management
   3-29  agreement relating to all or part of a facility or service
   3-30  described in Subdivision (1) that is owned by the hospital district
   3-31  or authority;
   3-32              (3)  close, transfer, sell, or otherwise convey all or
   3-33  part of a facility and discontinue services; and
   3-34              (4)  issue revenue bonds and other notes to acquire,
   3-35  construct, or improve a facility for the care of the elderly or
   3-36  disabled or to implement the delivery of a service for the care of
   3-37  the elderly or disabled.
   3-38        (c)  For the purpose of this section, a facility or service
   3-39  created under Subsection (b) is considered to be a hospital project
   3-40  under Chapter 223.
   3-41        SECTION 5.  Subdivision (13), Section 483.001, Health and
   3-42  Safety Code, is amended to read as follows:
   3-43              (13)  "Prescription" means an order from a
   3-44  practitioner, or an agent of the practitioner designated in writing
   3-45  as authorized to communicate prescriptions, or an order made in
   3-46  accordance with Section 3.06(d)(5) or (6), Medical Practice Act
   3-47  (Article 4495b, Vernon's Texas Civil Statutes), to a pharmacist for
   3-48  a dangerous drug to be dispensed that states:
   3-49                    (A)  the date of the order's issue;
   3-50                    (B)  the name and address of the patient;
   3-51                    (C)  if the drug is prescribed for an animal, the
   3-52  species of the animal;
   3-53                    (D)  the name and quantity of the drug
   3-54  prescribed;
   3-55                    (E)  the directions for the use of the drug; <and>
   3-56                    <(F)  the legibly printed or stamped name,
   3-57  address, Federal Drug Enforcement Administration registration
   3-58  number, and telephone number of the practitioner at the
   3-59  practitioner's usual place of business.>
   3-60                    (F)  the intended use of the drug unless the
   3-61  practitioner determines the furnishing of this information is not
   3-62  in the best interest of the patient; and
   3-63                    (G)  the name, address, and telephone number of
   3-64  the practitioner at the practitioner's usual place of business,
   3-65  legibly printed or stamped.
   3-66        SECTION 6.  Subsection (d), Section 671.001, Health and
   3-67  Safety Code, is amended to read as follows:
   3-68        (d)  A registered nurse or physician assistant may determine
   3-69  and pronounce a person dead in situations other than those
   3-70  described by Subsection (b) if permitted by written policies of a
    4-1  licensed health care facility, institution, or entity providing
    4-2  services to that person.  Those policies must consider physician
    4-3  assistants who are credentialed or otherwise permitted to practice
    4-4  at the facility, institution, or entity.  If the facility,
    4-5  institution, or entity has an organized nursing staff and an
    4-6  organized medical staff or medical consultant, the nursing staff
    4-7  and medical staff or consultant shall jointly develop and approve
    4-8  those policies.  The board shall adopt rules to govern policies for
    4-9  facilities, institutions, or entities that do not have organized
   4-10  nursing staffs and organized medical staffs or medical consultants.
   4-11        SECTION 7.  Section 671.002, Health and Safety Code, is
   4-12  amended to read as follows:
   4-13        Sec. 671.002.  Limitation of Liability.  (a)  A physician who
   4-14  determines death in accordance with Section 671.001(b) or a
   4-15  registered nurse or physician assistant who determines death in
   4-16  accordance with Section 671.001(d) is not liable for civil damages
   4-17  or subject to criminal prosecution for the physician's, <or>
   4-18  registered nurse's, or physician assistant's actions or the actions
   4-19  of others based on the determination of death.
   4-20        (b)  A person who acts in good faith in reliance on a
   4-21  physician's, <or> registered nurse's, or physician assistant's
   4-22  determination of death is not liable for civil damages or subject
   4-23  to criminal prosecution for the person's actions.
   4-24        SECTION 8.  Subsection (c), Section 51.918, Education Code,
   4-25  is amended to read as follows:
   4-26        (c)  The Center for Rural Health Initiatives shall develop
   4-27  relief service programs for rural physicians and allied health
   4-28  personnel to facilitate ready access to continuing medical
   4-29  education or practice coverage for purposes other than continuing
   4-30  medical education.
   4-31        SECTION 9.  Section 501.059, Government Code, as added by
   4-32  Chapter 238, Acts of the 73rd Legislature, 1993, is amended to read
   4-33  as follows:
   4-34        Sec. 501.059.  MANAGED HEALTH CARE ADVISORY COMMITTEE.
   4-35  (a)  The Managed Health Care Advisory Committee to the Texas
   4-36  Department of Criminal Justice is established.
   4-37        (b)  The committee consists of:
   4-38              (1)  two members employed full-time by the department,
   4-39  at least one of whom is a physician, appointed by the executive
   4-40  director;
   4-41              (2)  two members employed full-time by The University
   4-42  of Texas Medical Branch at Galveston, at least one of whom is a
   4-43  physician, appointed by the president of the medical branch; and
   4-44              (3)  two members employed full-time by the Texas Tech
   4-45  University Health Sciences Center, at least one of whom is a
   4-46  physician, appointed by the president of the university.
   4-47        (c)  A committee member serves at the pleasure of the
   4-48  appointing official or until termination of the member's employment
   4-49  with the entity the member represents.
   4-50        (d)  An appointment to the committee shall be made without
   4-51  regard to the race, creed, sex, religion, or national origin of the
   4-52  appointee.
   4-53        (e)  A committee member serves without compensation but is
   4-54  entitled to reimbursement for actual and necessary expenses
   4-55  incurred in the performance of the duties of the committee.
   4-56        (f)  The committee may hire a managed health care
   4-57  administrator and may employ personnel necessary for the
   4-58  administration of the committee's duties.
   4-59        (g)  The committee shall develop a managed health care plan
   4-60  for all inmates at the institutional division that includes:
   4-61              (1)  the establishment of a managed care network of
   4-62  physicians and hospitals that will serve the institutional division
   4-63  as the exclusive health care provider for inmates at each facility
   4-64  of the institutional division;
   4-65              (2)  cost containment studies; <and>
   4-66              (3)  care case management and utilization management
   4-67  studies performed exclusively for the institutional division; and
   4-68              (4)  concerning the establishment of criteria for
   4-69  hospitals, home health, or hospice providers, a provision requiring
   4-70  the managed health care plan to accept certification by the
    5-1  Medicare program under Title XVIII, Social Security Act, as amended
    5-2  (42 U.S.C. Section 1395 et seq.), as an alternative to
    5-3  accreditation by the Joint Commission on Accreditation of
    5-4  Healthcare Organizations.
    5-5        (h)  To the extent possible the committee shall integrate the
    5-6  managed care network with the public medical schools of this state
    5-7  and the component and affiliated hospitals of those medical
    5-8  schools.
    5-9        (i)  For those services for which the public medical schools
   5-10  and their components and affiliates cannot provide, the committee
   5-11  shall initiate a competitive bidding process for contracts with
   5-12  other providers for medical care to inmates confined in the
   5-13  institutional division.
   5-14        (j)  The committee may enter into a contract on behalf of the
   5-15  department to fully implement the managed health care plan under
   5-16  Subsection (g).
   5-17        (k)  The department shall pay necessary costs for the
   5-18  operation of the committee, including costs of personnel, from
   5-19  funds appropriated by the legislature to the department.
   5-20        (l)  The managed health care plan, inclusive of the health
   5-21  care administrator and necessary personnel proposed by the
   5-22  committee, must cost the state less than what is presently
   5-23  provided, otherwise the status quo shall be maintained.
   5-24        SECTION 10.  Subdivision (42), Section 5, Texas Pharmacy Act
   5-25  (Article 4542a-1, Vernon's Texas Civil Statutes), is amended to
   5-26  read as follows:
   5-27              (42)  "Prescription drug order" means:
   5-28                    (A)  an order from a practitioner or a
   5-29  practitioner's designated agent to a pharmacist for a drug or
   5-30  device to be dispensed; or
   5-31                    (B)  an order pursuant to Subdivision (5) or (6),
   5-32  Subsection (d), Section 3.06, Medical Practice Act (Article 4495b,
   5-33  Vernon's Texas Civil Statutes).
   5-34        SECTION 11.  Subdivision (5), Subsection (d), Section 3.06,
   5-35  Medical Practice Act (Article 4495b, Vernon's Texas Civil
   5-36  Statutes), is amended to read as follows:
   5-37              (5)(A)  At a site serving a medically underserved
   5-38  population, a physician licensed by the board shall be authorized
   5-39  to delegate to a registered nurse or physician assistant acting
   5-40  under adequate physician supervision, the act or acts of
   5-41  administering, providing, or carrying out or signing a prescription
   5-42  drug order as authorized by the physician through physician's
   5-43  orders, standing medical orders, standing delegation orders, or
   5-44  other orders or protocols as defined by the board.
   5-45                    (B)(i)  The carrying out or signing of
   5-46  prescription drug orders under this subsection shall comply with
   5-47  other applicable laws.
   5-48                          (ii)  The authority of a physician to
   5-49  delegate the carrying out or signing of prescription drug orders is
   5-50  limited to dangerous drugs.
   5-51                    (C)  Physician supervision shall be adequate if a
   5-52  delegating physician:
   5-53                          (i)  is responsible for the formulation or
   5-54  approval of such physician's orders, standing medical orders,
   5-55  standing delegation orders, or other orders or protocols and
   5-56  periodically reviews such orders and the services provided patients
   5-57  under such orders;
   5-58                          (ii)  is on site at least once a week to
   5-59  provide medical direction and consultation;
   5-60                          (iii)  receives a daily status report from
   5-61  the registered nurse or physician assistant on any problems or
   5-62  complications encountered; and
   5-63                          (iv)  is available through direct
   5-64  telecommunication for consultation, assistance with medical
   5-65  emergencies, or patient referral.
   5-66                    (D)  In this subsection:
   5-67                          (i)  "Registered nurse" means a registered
   5-68  nurse recognized by the Board of Nurse Examiners as having the
   5-69  specialized education and training required under Section 7,
   5-70  Article 4514, Revised Statutes.
    6-1                          (ii)  "Physician assistant" has the meaning
    6-2  assigned to that term by Section 2(3), Physician Assistant
    6-3  Licensing Act, and its subsequent amendments.
    6-4                          (iii)  "Carrying out or signing a
    6-5  prescription drug order" means the completion of <to complete> a
    6-6  prescription drug order presigned by the delegating physician or
    6-7  the signing of a prescription by a registered nurse or physician
    6-8  assistant after the delegating physician notifies the board that
    6-9  the person is a person to whom the physician has delegated the
   6-10  authority to sign the prescription.  The following information
   6-11  shall be provided on each prescription <by providing the following
   6-12  information>:  the patient's name and address; the drug to be
   6-13  dispensed; directions to the patient in regard to the taking and
   6-14  dosage; the name, address, and telephone number of the physician;
   6-15  the name, address, telephone and identification number of the
   6-16  registered nurse or physician assistant completing or signing the
   6-17  prescription drug order; the date; and the number of refills
   6-18  permitted.  The board may adopt additional methods to carry into
   6-19  effect or put into force a physician's prescription or delegation
   6-20  of a prescription under physician's orders, standing medical
   6-21  orders, standing delegation orders, or other orders or protocols.
   6-22                          (iv)  "A site serving a medically
   6-23  underserved population" means:
   6-24                                (a)  a site located in a medically
   6-25  underserved area;
   6-26                                (b)  a site located in a health
   6-27  manpower shortage area;
   6-28                                (c)  a clinic designated as a rural
   6-29  health clinic under the Rural Health Clinic Services Act of 1977
   6-30  (Pub. L. No. 95-210);
   6-31                                (d)  a public health clinic or a
   6-32  family planning clinic under contract with the Texas Department of
   6-33  Human Services or the Texas Department of Health;
   6-34                                (e)  a site located in an area in
   6-35  which the Texas Department of Health determines there exists an
   6-36  insufficient number of physicians providing services to eligible
   6-37  clients of federal, state, or locally funded health care programs;
   6-38  or
   6-39                                (f)  a site that the Texas Department
   6-40  of Health determines serves a disproportionate number of clients
   6-41  eligible to participate in federal, state, or locally funded health
   6-42  care programs.
   6-43                          (v)  "Health manpower shortage area" means
   6-44  (1) an area in an urban or rural area of Texas (which need not
   6-45  conform to the geographic boundaries of a political subdivision and
   6-46  which is a rational area for the delivery of health services) which
   6-47  the secretary of health and human services determines has a health
   6-48  manpower shortage and which is not reasonably accessible to an
   6-49  adequately served area; (2) a population group which the secretary
   6-50  determines to have such a shortage; or (3) a public or nonprofit
   6-51  private medical facility or other facility which the secretary
   6-52  determines has such a shortage as delineated in 42 U.S.C. Section
   6-53  254(e)(a)(1).
   6-54                          (vi)  "Medically underserved area" means an
   6-55  area in Texas with a medically underserved population or an urban
   6-56  or rural area designated by the secretary of health and human
   6-57  services as an area in Texas with a shortage of personal health
   6-58  services or a population group designated by the secretary as
   6-59  having a shortage of such services (as defined in 42 U.S.C. Section
   6-60  300(e)-1(7)).  The term also includes an area defined by rule
   6-61  adopted by the Texas Board of Health that is based on demographics
   6-62  specific to this state, geographic factors that affect access to
   6-63  health care, and environmental health factors.
   6-64                    (E)  After making a determination under <either>
   6-65  Subdivision (D)(iv)(e), <or> (D)(iv)(f), or (D)(vi) that a site
   6-66  serves a medically underserved population, the Texas Department of
   6-67  Health shall publish notice of its determination in the Texas
   6-68  Register and provide an opportunity for public comment in the same
   6-69  manner as for a proposed rule under Chapter 2001, Government Code
   6-70  <the Administrative Procedure and Texas Register Act (Article
    7-1  6252-13a, Vernon's Texas Civil Statutes)>.
    7-2                    (F)  The authority granted to a physician to
    7-3  delegate under this subdivision shall not be construed as limiting
    7-4  the authority of a physician to delegate under any other
    7-5  subdivision of this subsection.
    7-6                    (G)  An advertisement for a site serving a
    7-7  medically underserved population shall include the name and
    7-8  business address of the supervising physician for the site.
    7-9        SECTION 12.  Subsection (d), Section 3.06, Medical Practice
   7-10  Act (Article 4495b, Vernon's Texas Civil Statutes), is amended by
   7-11  adding Subdivision (6) to read as follows:
   7-12              (6)(A)  At a physician's primary practice site or a
   7-13  location as described by Paragraph (H) of this subdivision, a
   7-14  physician licensed by the board may delegate to a physician
   7-15  assistant or an advanced nurse practitioner acting under adequate
   7-16  physician supervision the act or acts of administering, providing,
   7-17  carrying out, or signing a prescription drug order as authorized
   7-18  through physician's orders, standing medical orders, standing
   7-19  delegation orders, or protocols as defined by the board.  Providing
   7-20  and carrying out or signing a prescription drug order under this
   7-21  subdivision is limited to dangerous drugs.
   7-22                    (B)  Protocols and other orders shall be defined
   7-23  to promote the exercise of professional judgment by the advanced
   7-24  nurse practitioner and physician assistant commensurate with their
   7-25  education and experience.  Under this subdivision, protocols and
   7-26  other orders used by a reasonable and prudent physician exercising
   7-27  sound medical judgment:
   7-28                          (i)  need not describe the exact steps that
   7-29  an advanced nurse practitioner or a physician assistant must take
   7-30  with respect to each specific condition, disease, or symptom; and
   7-31                          (ii)  may state the types or categories of
   7-32  medications that may be prescribed or state in terms of categories
   7-33  or types the medications that may not be prescribed.
   7-34                    (C)  Physician supervision of the carrying out
   7-35  and signing of prescription drug orders shall conform to what a
   7-36  reasonable, prudent physician would find consistent with sound
   7-37  medical judgment but may vary with the education and experience of
   7-38  the advanced nurse practitioner or physician assistant.  A
   7-39  physician shall provide continuous supervision, but the constant
   7-40  physical presence of the physician is not required.
   7-41                    (D)  An alternate physician may provide
   7-42  appropriate supervision on a temporary basis as defined and
   7-43  established by the board by rule.
   7-44                    (E)  The carrying out or signing of prescription
   7-45  drug orders under this subdivision shall comply with other
   7-46  applicable laws.
   7-47                    (F)  A physician's authority to delegate the
   7-48  carrying out or signing of a prescription drug order at his primary
   7-49  practice site under this subdivision is limited to:
   7-50                          (i)  three physician assistants or advanced
   7-51  nurse practitioners or their full-time equivalents practicing at
   7-52  the physician's primary practice site; and
   7-53                          (ii)  the patients with whom the physician
   7-54  has established or will establish a physician-patient relationship,
   7-55  but this shall not be construed as requiring the physician to see
   7-56  the patient within a specific period of time.
   7-57                    (G)  In this subdivision:
   7-58                          (i)  "Advanced nurse practitioner" has the
   7-59  meaning assigned to that term by Section 8, Article 4514, Revised
   7-60  Statutes.
   7-61                          (ii)  "Physician assistant" has the meaning
   7-62  assigned to that term by Section 2(3), Physician Assistant
   7-63  Licensing Act (Article 4495b-1, Vernon's Texas Civil Statutes).
   7-64                          (iii)  "Primary practice site" means:
   7-65                                         (a)  the practice location
   7-66  where the physician spends the majority of the physician's time;
   7-67                                         (b)  a licensed hospital,
   7-68  licensed long-term care facility, licensed adult care center where
   7-69  both the physician and the physician assistant or advanced nurse
   7-70  practitioner are authorized to practice, or an established
    8-1  patient's residence; or
    8-2                                         (c)  where the physician is
    8-3  physically present with the physician assistant or advanced nurse
    8-4  practitioner.
    8-5                          (iv)  "Carrying out or signing a
    8-6  prescription drug order" means either the completion of a
    8-7  prescription drug order presigned by a delegating physician or the
    8-8  signing of a prescription by a physician assistant or advanced
    8-9  nurse practitioner after the person has been designated with the
   8-10  board by the delegating physician as a person delegated to sign a
   8-11  prescription.  The following information shall be provided on each
   8-12  prescription:  the patient's name and address; the drug to be
   8-13  dispensed; directions to the patient in regard to the taking and
   8-14  dosage; the intended use of the drug, if appropriate; the name,
   8-15  address, and telephone number of the physician; the name, address,
   8-16  and telephone and identification number of the physician assistant
   8-17  or advanced nurse practitioner completing or signing the
   8-18  prescription drug order; the date; and the number of refills
   8-19  permitted.  The board may adopt additional methods to carry into
   8-20  effect or put into force a physician's prescription under
   8-21  physician's orders, standing medical orders, standing delegation
   8-22  orders, protocols, or other orders.
   8-23                    (H)  A physician licensed by the board shall be
   8-24  authorized to delegate, to one or more physician assistants or
   8-25  advanced nurse practitioners acting under adequate supervision by a
   8-26  physician whose practice is facility-based at a licensed hospital
   8-27  or licensed long-term care facility, the carrying out or signing of
   8-28  prescription drug orders if the physician is the medical director
   8-29  or chief of medical staff of the facility in which the physician
   8-30  assistant or advanced nurse practitioner practices, the chair of
   8-31  the facility's credentialing committee, a department chair of a
   8-32  facility department in which the physician assistant or advanced
   8-33  nurse practitioner practices, or a physician who consents to the
   8-34  request of the medical director or chief of medical staff to
   8-35  delegate the carrying out or signing of prescription drug orders at
   8-36  the facility in which the physician assistant or advanced nurse
   8-37  practitioner practices.  A physician's authority to delegate under
   8-38  this subdivision is limited as follows:
   8-39                          (i)  the delegation is pursuant to a
   8-40  physician's order, standing medical order, standing delegation
   8-41  order, or protocol developed in accordance with policies approved
   8-42  by the facility's medical staff or a committee thereof as provided
   8-43  in facility bylaws;
   8-44                          (ii)  the delegation occurs in the facility
   8-45  in which the physician is the medical director, the chief of
   8-46  medical staff, the chair of the credentialing committee, or a
   8-47  department chair;
   8-48                          (iii)  the delegation does not permit the
   8-49  carrying out or signing of prescription drug orders for the care or
   8-50  treatment of the patients of any other physician without the prior
   8-51  consent of that physician;
   8-52                          (iv)  delegation in a long-term care
   8-53  facility must be by the medical director, and the medical director
   8-54  is limited to delegating the carrying out and signing of
   8-55  prescription drug orders to no more than three advanced nurse
   8-56  practitioners or physician assistants or their full-time
   8-57  equivalents; and
   8-58                          (v)  under this paragraph, a physician may
   8-59  not delegate at more than one licensed hospital or more than one
   8-60  long-term care facility unless approved by the board.
   8-61                    (I)  In a licensed hospital or ambulatory
   8-62  surgical center, a physician may delegate to a certified registered
   8-63  nurse anesthetist the ordering of drugs and devices necessary to
   8-64  enable the certified registered nurse anesthetist to administer an
   8-65  anesthetic or an anesthesia-related service ordered by the
   8-66  physician.  The physician's order for anesthesia or
   8-67  anesthesia-related services need not be drug-specific,
   8-68  dose-specific, or administration-technique-specific.  Pursuant to
   8-69  the order and in accordance with facility policies or medical staff
   8-70  bylaws, the nurse anesthetist may select, obtain, and administer
    9-1  those drugs and apply the appropriate medical devices necessary to
    9-2  accomplish the order and maintain the patient within a sound
    9-3  physiological status.
    9-4                    (J)  A physician shall not be liable for the act
    9-5  or acts of a physician assistant or advanced nurse practitioner
    9-6  solely on the basis of having signed an order, a standing medical
    9-7  order, a standing delegation order, or protocols authorizing a
    9-8  physician assistant or advanced nurse practitioner to perform the
    9-9  act or acts of administering, providing, carrying out, or signing a
   9-10  prescription drug order unless the physician has reason to believe
   9-11  the physician assistant or advanced nurse practitioner lacked the
   9-12  competency to perform the act or acts.
   9-13                    (K)  The authority granted to a physician to
   9-14  delegate under this subdivision shall not be construed as limiting
   9-15  the authority of a physician to delegate under any other
   9-16  subdivision of this subsection.
   9-17        SECTION 13.  Article 4514, Revised Statutes, is amended by
   9-18  adding Section 8 to read as follows:
   9-19        Sec. 8.  APPROVAL OF REGISTERED NURSE FOR ADVANCED STATUS.
   9-20  (a)  The board shall adopt rules for approval of a registered nurse
   9-21  as an advanced nurse practitioner or an advanced practice nurse.
   9-22  "Advanced nurse practitioner" or "advanced practice nurse" means a
   9-23  registered nurse approved by the board to practice as an advanced
   9-24  practice nurse on the basis of completion of an advanced
   9-25  educational program.  The term includes a nurse practitioner, nurse
   9-26  midwife, nurse anesthetist, and clinical nurse specialist.
   9-27        (b)  The board shall adopt rules for the initial approval and
   9-28  biennial renewal of an advanced nurse practitioner to carry out or
   9-29  sign prescription drug orders under Section 3.06(d)(5) and (6),
   9-30  Medical Practice Act (Article 4495b, Vernon's Texas Civil
   9-31  Statutes).  The rules at a minimum shall:
   9-32              (1)  require completion of pharmacology and related
   9-33  pathology for initial approval;
   9-34              (2)  require continuing education in clinical
   9-35  pharmacology and related pathology in addition to any continuing
   9-36  education otherwise required under Article 4518, Revised Statutes;
   9-37  and
   9-38              (3)  provide for the issuing of a prescription
   9-39  authorization number to an advanced nurse practitioner approved
   9-40  under this section.
   9-41        SECTION 14.  Section 5, Article 4518, Revised Statutes, is
   9-42  amended to read as follows:
   9-43        Sec. 5.  Insofar as any of the following acts require
   9-44  substantial specialized judgment and skill and insofar as the
   9-45  proper performance of any of the following acts is based upon
   9-46  knowledge and application of the principles of biological,
   9-47  physical, and social science as acquired by a completed course in
   9-48  an approved school of professional nursing, "Professional Nursing"
   9-49  shall be defined as the performance for compensation of any nursing
   9-50  act (a) in the observation, assessment, intervention, evaluation,
   9-51  rehabilitation, care and counsel and health teachings of persons
   9-52  who are ill, injured or infirm or experiencing changes in normal
   9-53  health processes; (b) in the maintenance of health or prevention of
   9-54  illness; (c) in the administration of medications or treatments as
   9-55  ordered by a licensed physician, including a podiatric physician
   9-56  licensed by the Texas State Board of Podiatry Examiners, or
   9-57  dentists; (d) in the supervision or teaching of nursing; (e) in the
   9-58  administration, supervision, and evaluation of nursing practices,
   9-59  policies, and procedures; <or> (f) in <the requesting,> receiving
   9-60  <, and signing for> professional samples which have been requested
   9-61  and presigned for by the supervising physician and distributing the
   9-62  samples to patients at sites to which Sections <a site serving
   9-63  underserved populations, as provided by Section> 3.06(d)(5) and
   9-64  (6), Medical Practice Act (Article 4495b, Vernon's Texas Civil
   9-65  Statutes), apply; or (g) in the performing of acts delegated by a
   9-66  physician under Sections 3.06(d)(5) and (6), Medical Practice Act
   9-67  (Article 4495b, Vernon's Texas Civil Statutes) <and rules
   9-68  implementing that section>.  The foregoing shall not be deemed to
   9-69  include acts of medical diagnosis or prescription of therapeutic or
   9-70  corrective measures.  Nothing in this section shall be construed as
   10-1  prohibiting a registered nurse recognized by the board as having
   10-2  the specialized education and training required under Section 7,
   10-3  Article 4514, Revised Statutes, and functioning under adequate
   10-4  physician supervision from carrying out prescription drug orders or
   10-5  treatments under physician's orders, standing medical orders,
   10-6  standing delegation orders, or other orders or protocols.
   10-7        SECTION 15.  The importance of this legislation and the
   10-8  crowded condition of the calendars in both houses create an
   10-9  emergency and an imperative public necessity that the
  10-10  constitutional rule requiring bills to be read on three several
  10-11  days in each house be suspended, and this rule is hereby suspended,
  10-12  and that this Act take effect and be in force from and after its
  10-13  passage, and it is so enacted.
  10-14                               * * * * *