SRC-SLL S.B. 1575 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1575
By: Madla
Health & Human Services
3-26-97
As Filed


DIGEST 

Currently, advanced practice nurses and physician assistants provide care
to patients under the delegated authority of a collaborating physician.
This bill will expand the regulations regarding the practice of advanced
practice nurses and physician assistants in collaborative practice with a
physician and regulate the relationship between advanced practice nurses
and physician assistants and managed care organizations.   

PURPOSE

As proposed, S.B. 1575 expands the regulations regarding the practice of
advanced practice nurses and physician assistants in collaborative
practice with a physician and regulates the relationship between advanced
practice nurses and physician assistants and managed care organizations.   

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas State Board of Medical
Examiners in SECTION 2 (Section 3.06(5)(d)(I), Article 4495b, V.T.C.S.) of
this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 3.06(d)(5)(D), Article 4495b, V.T.C.S. (Medical
Practice Act), to require physician supervision to be adequate if a
delegating physician is on site at least once every 10 business days,
rather than once a week, to provide medical direction and consultation. 

SECTION 2. Amends Section 3.06(d)(5), Article 4495b, V.T.C.S., by adding
Paragraph (I), to authorize the Texas State Board of Medical Examiners
(board), for good cause shown, to grant a waiver of one or more of the
physician supervision requirements set out in Paragraph (d) of this
subdivision.  Sets forth items to be considered by the board in granting
the waiver.  Authorizes the board to withdraw the waiver after notice and
hearing and requires a waiver to be renewed every three years in
accordance with rules established by the board. 

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

SECTION 4. Amends Section 14, Article 20A.14, V.T.C.S. (Texas Health
Maintenance Organization Act), 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 preestablished quality of care
standards of the health maintenance organization for participation by
advanced practice nurses and physician assistants. 

SECTION 5. Amends Chapter 3, Insurance Code, by adding Article 3.70-3C, as
follows: 

Art.  3.70-3C.

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

Sec.  2.  Makes a conforming change.

SECTION 6. Amends Section 2(B), Article 3.70-2, Insurance Code, to define
"advance practice nurse" and "physician assistant." 

SECTION 7. Amends Section 1, Article 21.52, Insurance Code, to define
"advanced practice nurse" and "physician assistant." 

SECTION 8. Amends Section 3, Article 21.52, Insurance Code, to require
advanced practice nurses and physician assistants performing services or
procedures scheduled in the policy which fall within the scope of the
license of the advanced practice nurse or physician assistant or which the
advanced practice nurse or physician assistant is authorized to perform
under the authority of Section 3.06(d)(5) or (6), Article 4495b, V.T.C.S.,
to be considered practitioners listed in Subsection (a) for all purposes
except that a health insurance policy is authorized to differentiate in
its payment schedule or payment provisions or in its amount of payment or
manner of payment or reimbursement for scheduled services or procedures
when performed by a physician and when performed by an advanced practice
nurse or physician assistant based on reasonable differences in the costs
between a physician providing those services or procedures and an advanced
practice nurse or physician assistant providing them. 

SECTION 9. Amends Section 241.003, Health and Safety Code, to define
"advanced practice nurse" and "physician assistant."  Makes conforming
changes. 

SECTION 10. Amends Chapter 241, Health and Safety Code, by adding Section
241.105, as follows: 

Sec.  241.105.  HOSPITAL PRIVILEGES FOR ADVANCED PRACTICE NURSES AND
PHYSICIAN ASSISTANTS.  Sets forth procedures for extending medical staff
or other clinical privileges to advanced practice nurses or physician
assistants. 

SECTION 11. Effective date: September 1, 1997.

SECTION 12. Emergency clause.
  Effective date: upon passage.