Amend HB 2846 by adding a new SECTION 4 to read as follows
and renumbering subsequent sections accordingly:
      SECTION 4.  Article 4525d, Revised Statutes, is amended by
amending Subsections (c) and (d) and by adding Subsection (e) to
read as follows:
      (c)  If a collaborating physician or other person who
regularly employs, hires, or otherwise contracts for the services
of at least 10 advanced practice nurses or other registered nurses
requests one of those nurses to engage in conduct that the nurse
believes violates a registered nurse's duty to a patient, the nurse
may request a finding by a nursing peer review committee under
Article 4525b, Revised Statutes, of whether the conduct violates a
registered nurse's duty to a patient.  A nurse who in good faith
requests, on a form produced by the board, a peer review
determination under this subsection may engage in the requested
conduct pending the peer review, is not subject to the reporting
requirement under Article 4525a, Revised Statutes, and may not be
disciplined by the board for engaging in that conduct while the
peer review is pending.  The findings of the peer review committee
shall be considered in a decision to discipline the nurse, but
those findings are not binding if a registered nurse administrator
believes in good faith that the peer review committee has
incorrectly determined a registered nurse's duty.  A nurse who in
good faith requests a peer review under this subsection may not be
disciplined or discriminated against for making the request.  If
the conduct for which the peer review is requested under this
subsection involves the medical reasonableness of a physician's
order, the medical staff or medical director shall be requested to
make a determination as to the medical reasonableness of the
physician's order, which shall be determinative of that issue.  A
registered nurse's rights under this article may not be nullified
by a contract.
      (d)  An appropriate licensing agency may take action against
a person who violates this article.
      (e) <(d)>  In this article:<,>
            (1)  "Collaborating physician" means a physician who
has delegated prescriptive authority to an advanced practice nurse
pursuant to 3.06(d)(5) or (6), Medical Practice Act (Article 4495b,
Vernon's Texas Civil Statutes).
            (2)  "Duty to a patient" means conduct, including
administrative decisions directly affecting a registered nurse's
ability to comply with that duty, required by standards of practice
or professional conduct adopted by the board.
            (3)  "Person" <"person"> includes an individual,
organization, agency, facility, or other entity.