By Ellis                                              S.B. No. 1393
       74R3847 JMM-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the authority of certain nurses to exercise limited
    1-3  authority to prescribe drugs.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter 7, Title 71, Revised Statutes, is amended
    1-6  by adding Article 4528b to read as follows:
    1-7        Art. 4528b.  ADVANCED NURSE PRACTITIONERS
    1-8        Sec. 1.  DEFINITIONS.  In this article:
    1-9              (1)  "Advance practice nurse" or "advanced nurse
   1-10  practitioner" means a registered nurse approved by the board as an
   1-11  advanced nurse practitioner on the basis of completion of an
   1-12  advanced educational program.  The terms include a nurse
   1-13  practitioner, nurse midwife, nurse anesthetist, and clinical nurse
   1-14  specialist.
   1-15              (2)  "Board" means the Board of Nurse Examiners.
   1-16              (3)  "Clinical nurse specialist" means an advanced
   1-17  nurse practitioner approved by the board in the category of
   1-18  clinical nurse specialist.
   1-19              (4)  "Nurse anesthetist" means an advanced nurse
   1-20  practitioner approved by the board in the category of nurse
   1-21  anesthetist.
   1-22              (5)  "Nurse midwife" means an advanced nurse
   1-23  practitioner approved by the board in the category of nurse
   1-24  midwife.
    2-1              (6)  "Nurse practitioner" means an advanced nurse
    2-2  practitioner approved by the board in the category of nurse
    2-3  practitioner.
    2-4              (7)  "Scope of practice" means the scope of services
    2-5  appropriate to be provided by a health professional to a client
    2-6  population for whom those services are appropriate.
    2-7        Sec. 2.  ADVISORY COMMITTEE.  (a)  The board shall appoint an
    2-8  advisory committee to advise the board on:
    2-9              (1)  the classification of drugs and categories of
   2-10  devices that are appropriate to the scope of practice of each
   2-11  category of advanced nurse practitioner; and
   2-12              (2)  other matters requested by the board relating to
   2-13  the prescribing of drugs by advanced nurse practitioners.
   2-14        (b)  The advisory committee shall consist of at least one of
   2-15  each of the following:
   2-16              (1)  a nurse practitioner;
   2-17              (2)  a nurse midwife;
   2-18              (3)  a clinical nurse specialist;
   2-19              (4)  a nurse anesthetist;
   2-20              (5)  a physician;
   2-21              (6)  a pharmacist; and
   2-22              (7)  a member of the public.
   2-23        (c)  A member of the advisory committee serves a two-year
   2-24  term.  A member of the advisory committee may not receive
   2-25  compensation but is entitled to reimbursement for actual expenses
   2-26  incurred in performing duties as an advisory committee member
   2-27  subject to any limit in the General Appropriations Act.
    3-1        Sec. 3.  APPROVAL OF ADVANCED NURSE PRACTITIONER TO
    3-2  PRESCRIBE.  (a) The board shall adopt rules for the initial
    3-3  approval of an advanced nurse practitioner to prescribe medications
    3-4  and devices.  The rules shall, at a minimum, require an advanced
    3-5  nurse practitioner to successfully complete course work in
    3-6  pharmacology and related pathology provided in a program approved
    3-7  by the board.
    3-8        (b)  The board shall issue a prescription authorization
    3-9  number to an advanced nurse practitioner approved under this
   3-10  section.
   3-11        (c)  The board shall adopt rules for the biennial renewal of
   3-12  an authorization under this section.  As a condition of renewal,
   3-13  the board shall adopt requirements for an advanced nurse
   3-14  practitioner to participate in continuing education in clinical
   3-15  pharmacology and related pathology in addition to any other
   3-16  continuing requirements otherwise applicable to the nurse
   3-17  practitioner.
   3-18        Sec. 4.  POWERS AND DUTIES OF ADVANCED NURSE PRACTITIONER.
   3-19  (a) An advanced nurse practitioner may diagnose the need for health
   3-20  care services and provide those services in the scope of practice
   3-21  of the practitioner as provided by board rule, including
   3-22  administering diagnostic tests, ordering treatments, and
   3-23  prescribing medications under Subsection (b) of this section.
   3-24        (b)  An advanced nurse practitioner may prescribe medication
   3-25  or a device in the scope of practice of the practitioner if the
   3-26  advanced nurse practitioner is approved by the board to prescribe
   3-27  medications and holds a valid prescription authority number.
    4-1        (c)  The board by rule may identify the classifications of
    4-2  drugs and devices that are in the scope of practice of an advanced
    4-3  nurse practitioner to prescribe.  Rules adopted under this
    4-4  subsection must be specific to the category of advanced nurse
    4-5  practitioner recognized by the board.
    4-6        SECTION 2.  Sections 5 and 6, Article 4518, Revised Statutes,
    4-7  are amended to read as follows:
    4-8        Sec. 5.  Insofar as any of the following acts require
    4-9  substantial specialized judgment and skill and insofar as the
   4-10  proper performance of any of the following acts is based upon
   4-11  knowledge and application of the principles of biological,
   4-12  physical, and social science as acquired by a completed course in
   4-13  an approved school of professional nursing, "Professional Nursing"
   4-14  shall be defined as the performance for compensation of any nursing
   4-15  act (a) in the observation, assessment, intervention, evaluation,
   4-16  rehabilitation, care and counsel and health teachings of persons
   4-17  who are ill, injured or infirm or experiencing changes in normal
   4-18  health processes; (b) in the maintenance of health or prevention of
   4-19  illness; (c) in the administration of medications or treatments
   4-20  under an order of a licensed health care practitioner or a
   4-21  treatment or care plan developed collaboratively with a licensed
   4-22  health care practitioner <as ordered by a licensed physician,
   4-23  including a podiatric physician licensed by the Texas State Board
   4-24  of Podiatry Examiners, or dentist>; (d) in the supervision or
   4-25  teaching of nursing; (e) in the administration, supervision, and
   4-26  evaluation of nursing practices, policies, and procedures; <or> (f)
   4-27  in the requesting, receiving, and signing for professional samples
    5-1  and distributing the samples to patients at a site serving
    5-2  underserved populations, as provided by Section 3.06(d)(5), Medical
    5-3  Practice Act (Article 4495b, Vernon's Texas Civil Statutes), and
    5-4  rules implementing that section or in conjunction with the
    5-5  provision of services under Article 4528b, Revised Statutes;  or
    5-6  (g) in the provision of services under Article 4528b, Revised
    5-7  Statutes.  Except to the extent this section defines an act as
    5-8  being within the scope of practice of professional nursing, the
    5-9  <The> foregoing shall not be deemed to include acts of medical
   5-10  diagnosis or prescription of therapeutic or corrective measures.
   5-11  Nothing in this section shall be construed as prohibiting a
   5-12  registered nurse recognized by the board as having the specialized
   5-13  education and training required under Section 7, Article 4514,
   5-14  Revised Statutes, and functioning under adequate physician
   5-15  supervision from carrying out prescription drug orders or
   5-16  treatments under physician's orders, standing medical orders,
   5-17  standing delegation orders, or other orders or protocols.
   5-18        Sec. 6.  Except to the extent that Section 5 of this article
   5-19  defines an act as being within the practice of nursing, nothing
   5-20  <Nothing> in this chapter permits the practice of medicine as
   5-21  defined by the Medical Practice Act (Article 4495b, Vernon's Texas
   5-22  Civil Statutes) <Acts of 1907, page 224, being Article 4510,
   5-23  Revised Civil Statutes of Texas, 1925, as amended by Chapter 94,
   5-24  Acts of the 51st Legislature, Regular Session, 1949; Chapter 426,
   5-25  Acts of the 53rd Legislature, Regular Session, 1953;> and nothing
   5-26  in this chapter shall be construed to amend, modify, or repeal
   5-27  Chapter 118, Acts of the 52nd Legislature, Regular Session, 1951
    6-1  (Article<, known as Article> 4528c, Vernon's Texas <Revised> Civil
    6-2  Statutes) <of Texas, 1925, as amended by Chapter 28, Acts of the
    6-3  53rd Legislature, First Called Session, 1954; Chapter 47, Acts of
    6-4  the 55th Legislature, Regular Session, 1957, and Chapter 449, Acts
    6-5  of the 55th Legislature, Regular Session, 1957>.
    6-6        SECTION 3.  Section 5(39), Texas Pharmacy Act (Article
    6-7  4542a-1, Vernon's Texas Civil Statutes), is amended to read as
    6-8  follows:
    6-9              (39)  "Practitioner" means:
   6-10                    (A)  a physician, dentist, podiatrist, or
   6-11  veterinarian, an advanced nurse practitioner who has a prescription
   6-12  authorization number issued by the Board of Nurse Examiners under
   6-13  Article 4528b, Revised Statutes, or another <other> person licensed
   6-14  or registered to prescribe, distribute, administer, or dispense a
   6-15  prescription drug or device in the course of professional practice
   6-16  in this state;
   6-17                    (B)  a person licensed by another state in a
   6-18  health field in which, under Texas law, licensees in this state may
   6-19  legally prescribe dangerous drugs or a person practicing in another
   6-20  state and licensed by another state as a physician, dentist,
   6-21  veterinarian, or podiatrist, or as a registered nurse having
   6-22  qualifications equal to those required in this state for
   6-23  recognition by the Board of Nurse Examiners as an advanced nurse
   6-24  practitioner who has a prescription authorization number under
   6-25  Article 4528b, Revised Statutes, having a current Federal Drug
   6-26  Enforcement Administration registration number, and who may legally
   6-27  prescribe Schedule II, III, IV, or V controlled substances in such
    7-1  other state; or
    7-2                    (C)  a person licensed in the Dominion of Canada
    7-3  or the United Mexican States in a health field in which, under the
    7-4  laws of this state, a licensee may legally prescribe dangerous
    7-5  drugs.  "Practitioner" does not include a person licensed under
    7-6  this Act.
    7-7        SECTION 4.  Section 481.002(39), Health and Safety Code, is
    7-8  amended to read as follows:
    7-9              (39)  "Practitioner" means:
   7-10                    (A)  a physician, dentist, veterinarian,
   7-11  podiatrist, or scientific investigator, an advanced nurse
   7-12  practitioner who has a prescription authorization number issued by
   7-13  the Board of Nurse Examiners under Article 4528b, Revised Statutes,
   7-14  or another <other> person licensed, registered, or otherwise
   7-15  permitted to distribute, dispense, analyze, conduct research with
   7-16  respect to, or administer a controlled substance in the course of
   7-17  professional practice or research in this state;
   7-18                    (B)  a pharmacy, hospital, or other institution
   7-19  licensed, registered, or otherwise permitted to distribute,
   7-20  dispense, conduct research with respect to, or administer a
   7-21  controlled substance in the course of professional practice or
   7-22  research in this state; or
   7-23                    (C)  a person practicing in and licensed by
   7-24  another state as a physician, dentist, veterinarian, or podiatrist,
   7-25  or as a registered nurse having qualifications equal to those
   7-26  required in this state for recognition by the Board of Nurse
   7-27  Examiners as an advanced nurse practitioner who has a prescription
    8-1  authorization number under Article 4528b, Revised Statutes, having
    8-2  a current Federal Drug Enforcement Administration registration
    8-3  number, who may legally prescribe Schedule II, III, IV, or V
    8-4  controlled substances in that state.
    8-5        SECTION 5.  Section 483.001(12), Health and Safety Code, is
    8-6  amended to read as follows:
    8-7              (12)  "Practitioner" means a person licensed:
    8-8                    (A)  by the Texas State Board of Medical
    8-9  Examiners, State Board of Dental Examiners, Texas State Board of
   8-10  Podiatry Examiners, Texas Optometry Board, Board of Nurse Examiners
   8-11  who is recognized by the board as an advanced nurse practitioner
   8-12  having a prescription authorization number, or State Board of
   8-13  Veterinary Medical Examiners to prescribe and administer dangerous
   8-14  drugs;
   8-15                    (B)  by another state in a health field in which,
   8-16  under the laws of this state, a licensee may legally prescribe
   8-17  dangerous drugs; or
   8-18                    (C)  in Canada or Mexico in a health field in
   8-19  which, under the laws of this state, a licensee may legally
   8-20  prescribe dangerous drugs.
   8-21        SECTION 6.  (a) This Act takes effect September 1, 1995.
   8-22        (b)  The Board of Nurse Examiners shall adopt rules and
   8-23  appoint the members of the advisory committee under Article 4528b,
   8-24  Revised Statutes, as added by this Act, not later than January 1,
   8-25  1996.
   8-26        SECTION 7.  The importance of this legislation and the
   8-27  crowded condition of the calendars in both houses create an
    9-1  emergency and an imperative public necessity that the
    9-2  constitutional rule requiring bills to be read on three several
    9-3  days in each house be suspended, and this rule is hereby suspended.