SRC-SLL H.B. 2846 75(R)BILL ANALYSIS


Senate Research CenterH.B. 2846
By: Berlanga (Madla)
Health & Human Services
5-15-97
Committee Report (Amended)


DIGEST 

Prescriptive authority for advanced practice nurses and physician
assistants was first authorized by the legislature in 1989.  Advanced
practice nurses and physician assistants are authorized to prescribe under
the delegated authority of a collaborating physician through the use of
protocols, but this authorization was limited to sites serving medically
underserved populations.  This authority was later expanded to include the
physician's primary practice site and facility based practices.  This bill
will set forth regulations regarding the provision of health care services
by advanced practice nurses and physician assistants in collaborative
practice with physicians. 

PURPOSE

As proposed, H.B. 2846 sets forth regulations regarding the provision of
health care services by advanced practice nurses and physician assistants
in collaborative practice with physicians. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 3.06(d)(5)(D), Article 4495b, V.T.C.S. (Medical
Practice Act), to include that physician supervision to be adequate if,
among other requirements, a delegating physician is on site to provide
medical direction and consultation at least once every 10 business days
during which the advanced practice nurse or physician assistant is on site
providing care; and the physician receives a daily status report from the
advanced practice nurse, rather than the registered nurse, among other
requirements. 

SECTION 2. Amends Section 3.06(d)(5)(E), Article 4495b, V.T.C.S., to
define "advanced practice nurse." 

SECTION 3. Amends Section 3.06(d)(6)(G)(iii), Article 4495b, V.T.C.S., to
redefine "primary practice site." 

SECTION 4. Amends Article 4525d, V.T.C.S., by amending Subsections (c) and
(d), and by adding Subsection (e), to authorize a nurse, 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 nurse to engage in
conduct that the nurse believes violates a registered nurse's duty to a
patient, to request a finding by a nursing peer review committee under
Article 4525b, V.T.C.S., of whether the conduct violates a registered
nurse's duty to a patient.  Sets forth regulations regarding the nursing
peer review committee.  Prohibits a registered nurse's rights under this
article from being nullified by a contract.  Defines "collaborating
physician" and "duty to a patient."  Makes conforming changes. 

SECTION 5. Amends Article 20A.14, Insurance Code (Texas Health Maintenance
Organization Act), by adding Subsections (i) and (j), to prohibit a health
maintenance organization, if an advanced practice nurse or physician
assistant has been authorized to provide care pursuant to Section
3.06(d)(5) or (6), Article 4495b, V.T.C.S., or by a physician
participating in a health maintenance organization's provider network,
from refusing a request by the physician and physician assistant or
advanced practice nurse for the physician assistant or advanced practice
nurses also to be identified on its provider network except on the basis
that the physician assistant or advanced practice nurse fails to meet the
pre-established quality of care standards of the health maintenance
organization for participation by advanced practice nurses and physician
assistants.  Prohibits a health maintenance organization from refusing to
contract with an advanced practice nurse or physician assistant to be
included in the organization's provider network, refusing to reimburse the
advanced practice nurse or physician assistant for covered services, or
otherwise discriminating against the advanced practice nurse or physician
assistant solely because the advanced practice nurse or physician
assistant is not identified under Article 21.52(3), Insurance Code. 

SECTION 6. Amends Chapter 3G, Insurance Code, by adding Article 3.70-3C,
as follows: 

ART.  3.70-3C.  USE OF ADVANCED PRACTICE NURSES AND PHYSICIAN ASSISTANTS
BY PREFERRED PROVIDER PLANS 

Sec.  1.  Defines "preferred provider" and "preferred provider benefit
plan." 

Sec.  2.  Prohibits  a preferred provider benefit plan, under certain
circumstances, from refusing a request made by a physician and physician
assistant or advanced practice nurse to have the physician assistant or
advanced practice nurse included as a preferred provider by the plan
unless the physician assistant or advanced practice nurse fails to meet
the quality of care standards previously established by the preferred
provider benefit plan for participation in the plan by advanced practice
nurses and physician assistants. 

Sec.  3.  Prohibits a preferred provider benefit plan from refusing to
take certain actions regarding a physician assistant or advanced practice
nurse or otherwise discriminating against the advanced practice nurse or
physician assistant because the advanced practice nurse or physician
assistant  is not identified under Article 21.52(3), Insurance Code. 

SECTION 7. Amends Section 2(B), Article 3.70-2, Insurance Code,  to make
conforming changes. 

SECTION 8. Makes application of this Act prospective to January 1, 1998.

SECTION 9. Effective date: September 1, 1997.

SECTION 10. Emergency clause.

SUMMARY OF COMMITTEE CHANGES

Amendment 1.

On page 3, line 18, between "assistant" and "because", insert "solely".

Amendment 2.

Add a new SECTION 4 regarding nursing peer review committees.  Renumber
subsequent SECTIONS. 

Amendment 3.

On page 2, line 21, insert after "students" the phrase "provided that
consent to treatment complies with the provisions of Chapter 32, Family
Code, Vernon's Texas Codes Annotated."