1-1                                   AN ACT

 1-2     relating to the provision of health care services by advanced

 1-3     practice nurses and physician assistants in collaborative practice

 1-4     with  physicians.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Section 3.06(d)(5)(D), Medical Practice Act

 1-7     (Article 4495b, Vernon's Texas Civil Statutes), is amended to read

 1-8     as follows:

 1-9                       (D)  Physician supervision shall be adequate if a

1-10     delegating physician:

1-11                             (i)  is responsible for the formulation or

1-12     approval of such physician's orders, standing medical orders,

1-13     standing delegation orders, or other orders or protocols and

1-14     periodically reviews such orders and the services provided patients

1-15     under such orders;

1-16                             (ii)  is on site to provide medical

1-17     direction and consultation at least once every 10 business days

1-18     during which the advanced practice nurse or physician assistant is

1-19     on site providing care [a week to provide medical direction and

1-20     consultation];

1-21                             (iii)  receives a daily status report from

1-22     the advanced practice nurse [registered nurse] or physician

1-23     assistant on any problems or complications encountered; and

1-24                             (iv)  is available through direct

 2-1     telecommunication for consultation, assistance with medical

 2-2     emergencies, or patient referral.

 2-3           SECTION 2.  Section 3.06(d)(5)(E), Medical Practice Act

 2-4     (Article 4495b, Vernon's Texas Civil Statutes), is amended by

 2-5     adding Subparagraph (vii) to read as follows:

 2-6                             (vii)  "Advanced practice nurse" has the

 2-7     meaning assigned to that term by Section 8, Article 4514, Revised

 2-8     Statutes.

 2-9           SECTION 3.  Section 3.06(d)(6)(G)(iii), Medical Practice Act

2-10     (Article 4495b, Vernon's Texas Civil Statutes), is amended to read

2-11     as follows:

2-12                             (iii)  "Primary practice site" means:

2-13                                            (a)  the practice location

2-14     where the physician spends the majority of the physician's time;

2-15                                            (b)  a licensed hospital, a

2-16     licensed long-term care facility, and a licensed adult care center

2-17     where both the physician and the physician assistant or advanced

2-18     nurse practitioner are authorized to practice, a clinic operated by

2-19     or for the benefit of a public school district for the purpose of

2-20     providing care to the students of that district and the siblings of

2-21     those students, if consent to treatment at that clinic is obtained

2-22     in a manner that complies with Chapter 32, Family Code, or an

2-23     established patient's residence; or

2-24                                            (c)  where the physician is

2-25     physically present with the physician assistant or advanced nurse

2-26     practitioner.

2-27           SECTION 4.  Section 14, Texas Health Maintenance Organization

 3-1     Act (Article 20A.14, Vernon's Texas Insurance Code), is amended by

 3-2     adding Subsections (i) and (j) to read as follows:

 3-3           (i)  If an advanced practice nurse or physician assistant is

 3-4     authorized to provide care under Section 3.06(d)(5) or (6), Medical

 3-5     Practice Act (Article 4495b, Vernon's Texas Civil Statutes), by a

 3-6     physician participating in a health maintenance organization's

 3-7     provider network, the health maintenance organization may not

 3-8     refuse a request made by the physician and physician assistant or

 3-9     advanced practice nurse to have the physician assistant or advanced

3-10     practice nurse identified as a provider in the provider network

3-11     unless the physician assistant or advanced practice nurse fails to

3-12     meet the quality of care standards previously established by the

3-13     health maintenance organization for participation in the network by

3-14     advanced practice nurses and physician assistants.

3-15           (j)  A health maintenance organization may not refuse to

3-16     contract with an advanced practice nurse or physician assistant to

3-17     be included in the organization's provider network, refuse to

3-18     reimburse the advanced practice nurse or physician assistant for

3-19     covered services, or otherwise discriminate against the advanced

3-20     practice nurse or physician assistant solely because the advanced

3-21     practice nurse or physician assistant is not identified under

3-22     Section 3, Article 21.52, Insurance Code.

3-23           SECTION 5.  Subchapter G, Chapter 3, Insurance Code, is

3-24     amended by adding Article 3.70-3C to read as follows:

3-25           Art. 3.70-3C. USE OF ADVANCED PRACTICE NURSES AND PHYSICIAN

3-26     ASSISTANTS BY PREFERRED PROVIDER PLANS

3-27           Sec. 1.  In this article:

 4-1                 (1)  "Preferred provider" means a physician, advanced

 4-2     practice nurse, physician assistant, or other health care provider,

 4-3     or an organization of physicians or health care providers, who

 4-4     contracts with an insurer to provide medical care or health care to

 4-5     insureds covered by a health insurance policy, certificate, or

 4-6     contract.

 4-7                 (2)  "Preferred provider benefit plan" means a benefit

 4-8     plan through which an insurer provides, through its health

 4-9     insurance policy, for the payment of a level of coverage that is

4-10     different from the basic level of coverage provided by the health

4-11     insurance policy if the insured uses a preferred provider.

4-12           Sec. 2.  If an advanced practice nurse or physician assistant

4-13     is authorized to provide care under Section 3.06(d)(5) or (6),

4-14     Medical Practice Act (Article 4495b, Vernon's Texas Civil

4-15     Statutes), by a physician participating as a preferred provider

4-16     under a preferred provider benefit plan, that plan may not refuse a

4-17     request made by the physician and physician assistant or advanced

4-18     practice nurse to have the physician assistant or advanced practice

4-19     nurse included as a preferred provider by the plan unless the

4-20     physician assistant or advanced practice nurse fails to meet the

4-21     quality of care standards previously established by the preferred

4-22     provider benefit plan for participation in the plan by advanced

4-23     practice nurses and physician assistants.

4-24           Sec. 3.  A preferred provider benefit plan may not refuse to

4-25     contract with an advanced practice nurse or physician assistant to

4-26     be included in the plan's provider network, refuse to reimburse the

4-27     advanced practice nurse or physician assistant for covered

 5-1     services, or otherwise discriminate against the advanced practice

 5-2     nurse or physician assistant because the advanced practice nurse or

 5-3     physician assistant is not identified under Section 3, Article

 5-4     21.52, Insurance Code.

 5-5           SECTION 6.  Section 2(B), Chapter 397, Acts of the 54th

 5-6     Legislature, Regular Session, 1955 (Article 3.70-2, Vernon's Texas

 5-7     Insurance Code), is amended to read as follows:

 5-8           (B)  No policy of accident and sickness insurance shall make

 5-9     benefits contingent upon treatment or examination by a particular

5-10     practitioner or by particular practitioners of the healing arts

5-11     hereinafter designated unless such policy contains a provision

5-12     designating the practitioner or practitioners who will be

5-13     recognized by the insurer and those who will not be recognized by

5-14     the insurer.  Such provision may be located in the "Exceptions" or

5-15     "Exceptions and Reductions" provisions, or elsewhere in the policy,

5-16     or by endorsement attached to the policy, at the insurer's option.

5-17     In designating the practitioners who will and will not be

5-18     recognized, such provision shall use the following terms:  Doctor

5-19     of Medicine, Doctor of Osteopathy, Doctor of Dentistry, Doctor of

5-20     Chiropractic, Doctor of Optometry, Doctor of Podiatry, Licensed

5-21     Audiologist, Licensed Speech-language Pathologist, Doctor in

5-22     Psychology, Licensed Master Social Worker--Advanced Clinical

5-23     Practitioner, Licensed Dietitian, Licensed Professional Counselor,

5-24     Licensed Marriage and Family Therapist, Licensed Chemical

5-25     Dependency Counselor, Licensed Hearing Aid Fitter and Dispenser,

5-26     Advanced Practice Nurse, Physician Assistant, and Licensed

5-27     Psychological Associate.

 6-1           For purposes of this Act, such designations shall have the

 6-2     following meanings:

 6-3           Doctor of Medicine:  One licensed by the Texas State Board of

 6-4     Medical Examiners on the basis of the degree "Doctor of Medicine";

 6-5           Doctor of Osteopathy:  One licensed by the Texas State Board

 6-6     of Medical Examiners on the basis of the degree of "Doctor of

 6-7     Osteopathy";

 6-8           Doctor of Dentistry:  One licensed by the State Board of

 6-9     Dental Examiners;

6-10           Doctor of Chiropractic:  One licensed by the Texas Board of

6-11     Chiropractic Examiners;

6-12           Doctor of Optometry:  One licensed by the Texas Optometry

6-13     Board;

6-14           Doctor of Podiatry:  One licensed by the Texas State Board of

6-15     Podiatric Medical Examiners;

6-16           Licensed Audiologist:  One with a master's or doctorate

6-17     degree in audiology from an accredited college or university and

6-18     who is licensed as an audiologist by the State Board [Committee] of

6-19     Examiners for Speech-Language Pathology and Audiology;

6-20           Licensed Speech-language Pathologist:  One with a master's or

6-21     doctorate degree in speech pathology or speech-language pathology

6-22     from an accredited college or university and who is licensed as a

6-23     speech-language pathologist by the State Board [Committee] of

6-24     Examiners for Speech-Language Pathology and Audiology;

6-25           Doctor in Psychology:  One licensed by the Texas State Board

6-26     of Examiners of Psychologists and certified as a Health Service

6-27     Provider;

 7-1           Licensed Master Social Worker--Advanced Clinical

 7-2     Practitioner: One licensed by the Texas State Board of Social

 7-3     Worker Examiners as a Licensed Master Social Worker with the order

 7-4     of recognition of Advanced Clinical Practitioner;

 7-5           Licensed Dietitian:  One licensed by the Texas State Board of

 7-6     Examiners of Dietitians;

 7-7           Licensed Professional Counselor:  One licensed by the Texas

 7-8     State Board of Examiners of Professional Counselors;

 7-9           Licensed Marriage and Family Therapist:  One licensed by the

7-10     Texas State Board of Examiners of Marriage and Family Therapists;

7-11           Licensed Chemical Dependency Counselor:  One licensed by the

7-12     Texas Commission on Alcohol and Drug Abuse;

7-13           Licensed Hearing Aid Fitter and Dispenser:  One licensed by

7-14     the Texas Committee [Board] of Examiners in the Fitting and

7-15     Dispensing of Hearing Instruments [Aids];

7-16           Advanced Practice Nurse:  One licensed by the Board of Nurse

7-17     Examiners as a registered nurse and recognized by that board as an

7-18     advanced practice nurse;

7-19           Physician Assistant:  One licensed by the Texas State Board

7-20     of Physician Assistant Examiners; and

7-21           Licensed Psychological Associate:  One licensed by the Texas

7-22     State Board of Examiners of Psychologists and practicing under the

7-23     supervision of a licensed psychologist.

7-24           SECTION 7.  Sections 4-6 of this Act apply only to an

7-25     insurance policy or evidence of coverage that is delivered, issued

7-26     for delivery, or renewed on or after January 1, 1998.  A policy or

7-27     evidence of coverage that is delivered, issued for delivery, or

 8-1     renewed before January 1, 1998, is governed by the law as it

 8-2     existed immediately before the effective date of this Act, and that

 8-3     law is continued in effect for this purpose.

 8-4           SECTION 8.  This Act takes effect September 1, 1997.

 8-5           SECTION 9.  The importance of this legislation and the

 8-6     crowded condition of the calendars in both houses create an

 8-7     emergency and an imperative public necessity that the

 8-8     constitutional rule requiring bills to be read on three several

 8-9     days in each house be suspended, and this rule is hereby suspended.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I certify that H.B. No. 2846 was passed by the House on May

         6, 1997, by the following vote:  Yeas 84, Nays 58, 1 present, not

         voting; that the House refused to concur in Senate amendments to

         H.B. No. 2846 on May 22, 1997, and requested the appointment of a

         conference committee to consider the differences between the two

         houses; and that the House adopted the conference committee report

         on H.B. No. 2846 on June 1, 1997, by the following vote:  Yeas 82,

         Nays 61, 2 present, not voting.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 2846 was passed by the Senate, with

         amendments, on May 19, 1997, by a viva-voce vote; at the request of

         the House, the Senate appointed a conference committee to consider

         the differences between the two houses; and that the Senate adopted

         the conference committee report on H.B. No. 2846 on June 1, 1997,

         by a viva-voce vote.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor