By Junell                                              H.B. No. 803
         77R1678 MXM-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to reimbursement for services provided by registered nurse
 1-3     first assistants.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Subchapter D, Chapter 301, Occupations Code, is
 1-6     amended by adding Section 301.1525 to read as follows:
 1-7           Sec. 301.1525.  NURSE FIRST ASSISTANTS. (a)  In this section,
 1-8     "nurse first assistant" means a registered nurse who:
 1-9                 (1)  provides surgical first assisting services;
1-10                 (2)  is approved by the board to practice as a nurse
1-11     first assistant on the basis of completion of an advanced
1-12     educational program; and
1-13                 (3)  is certified as a nurse first assistant by an
1-14     organization recognized by the board.
1-15           (b)  The board shall adopt rules to approve a registered
1-16     nurse as a nurse first assistant.
1-17           (c)  At a minimum, the rules adopted under Subsection (b)
1-18     must require:
1-19                 (1)  completion of at least 2,000 hours of first
1-20     assisting a physician with surgery and related preoperative,
1-21     intraoperative, and postoperative care; and
1-22                 (2)  continuing education in providing first assistant
1-23     services in addition to any continuing education otherwise required
1-24     under Section 301.303.
 2-1           SECTION 2. Section 1(9), Article 3.70-3C, Insurance Code, as
 2-2     added by Chapter 1024, Acts of the 75th Legislature, Regular
 2-3     Session, 1997, is amended to read as follows:
 2-4                 (9)  "Practitioner" means a person who practices a
 2-5     healing art and is:
 2-6                       (A)  a practitioner described by Section 2(B),
 2-7     Chapter 397, Acts of the 54th Legislature, 1955 (Article 3.70-2,
 2-8     Vernon's Texas Insurance Code), or Article 21.52 of this code; or
 2-9                       (B)  an occupational therapist, physical
2-10     therapist, nurse first assistant, or advanced practice nurse.
2-11           SECTION 3. Section 1, Article 21.52, Insurance Code, as
2-12     amended by Chapters 428 and 888, Acts of the 76th Legislature,
2-13     Regular Session, 1999, is amended to read as follows:
2-14           Sec. 1.  DEFINITIONS. As used in this article:
2-15           (a)  "health insurance policy" means any individual, group,
2-16     blanket, or franchise insurance policy, insurance agreement, or
2-17     group hospital service contract, providing benefits for medical or
2-18     surgical expenses incurred as a result of an accident or sickness;
2-19           (b)  "doctor of podiatric medicine" includes D.P.M.,
2-20     podiatrist, doctor of surgical chiropody, D.S.C. and chiropodist;
2-21           (c)  "doctor of optometry" includes optometrist, doctor of
2-22     optometry, and O.D.;
2-23           (d)  "doctor of chiropractic" means a person who is licensed
2-24     by the Texas Board of Chiropractic Examiners to practice
2-25     chiropractic;
2-26           (e)  "licensed dentist" means a person who is licensed to
2-27     practice dentistry by the State Board of Dental Examiners;
 3-1           (f)  "licensed audiologist" means a person who has received a
 3-2     master's or doctorate degree in audiology from an accredited
 3-3     college or university and is licensed as an audiologist by the
 3-4     State Board of Examiners for Speech-Language Pathology and
 3-5     Audiology;
 3-6           (g)  "licensed speech-language pathologist" means a person
 3-7     who has received a master's or doctorate degree in speech-language
 3-8     pathology from an accredited college or university and is licensed
 3-9     as a speech-language pathologist by the State Board of Examiners
3-10     for Speech-Language Pathology and Audiology;
3-11           (h)  "licensed master social worker--advanced clinical
3-12     practitioner" means a person who is licensed by the Texas State
3-13     Board of Social Worker Examiners as a licensed master social worker
3-14     with the order of recognition of advanced clinical practitioner;
3-15           (i)  "licensed dietitian" means a person who is licensed by
3-16     the Texas State Board of Examiners of Dietitians;
3-17           (j)  "licensed professional counselor" means a person who is
3-18     licensed by the Texas State Board of Examiners of Professional
3-19     Counselors;
3-20           (k)  "psychologist" means a person licensed to practice
3-21     psychology by the Texas State Board of Examiners of Psychologists;
3-22           (l)  "licensed marriage and family therapist" means a person
3-23     who is licensed by the Texas State Board of Examiners of Marriage
3-24     and Family Therapists;
3-25           (m)  "licensed chemical dependency counselor" means a person
3-26     who is licensed by the Texas Commission on Alcohol and Drug Abuse;
3-27           (n)  "licensed hearing instrument fitter and dispenser" means
 4-1     a person who is licensed by the State Committee of Examiners in the
 4-2     Fitting and Dispensing of Hearing Instruments;
 4-3           (o)  "licensed psychological associate" means a person who is
 4-4     licensed by the Texas State Board of Examiners of Psychologists and
 4-5     who practices under the supervision of a licensed psychologist;
 4-6           (p)  "occupational therapist" means a person who is licensed
 4-7     to practice occupational therapy by the Texas Board of Occupational
 4-8     Therapy Examiners;
 4-9           (q)  "physical therapist" means a person who practices
4-10     physical therapy and is licensed by the Texas Board of Physical
4-11     Therapy Examiners;
4-12           (r)  "advanced practice nurse" means a person licensed by the
4-13     Board of Nurse Examiners and recognized by that board as an
4-14     advanced practice nurse; [and]
4-15           (s) [(r)]  "licensed acupuncturist" means a person licensed
4-16     to practice acupuncture by the Texas State Board of Medical
4-17     Examiners.
4-18           (t) [(s)]  "physician assistant" means a person licensed by
4-19     the Texas State Board of Physician Assistant Examiners; and
4-20           (u)  "nurse first assistant" means a person licensed by the
4-21     Board of Nurse Examiners and recognized by that board as a nurse
4-22     first assistant.
4-23           SECTION 4. Section 3(a), Article 21.52, Insurance Code, as
4-24     amended by Chapters 428 and 888, Acts of the 76th Legislature,
4-25     Regular Session, 1999, is amended to read as follows:
4-26           (a)  Any person who is issued, who is a party to, or who is a
4-27     beneficiary under any health insurance policy delivered, renewed,
 5-1     or issued for delivery in this state by any insurance company,
 5-2     association, or organization to which this article applies may
 5-3     select:
 5-4                 (1)  a licensed doctor of podiatric medicine, a
 5-5     licensed dentist, or a doctor of chiropractic to perform the
 5-6     medical or surgical services or procedures scheduled in the policy
 5-7     which fall within the scope of the license of that practitioner;
 5-8                 (2)  a licensed doctor of optometry to perform the
 5-9     services or procedures scheduled in the policy which fall within
5-10     the scope of the license of that doctor of optometry;
5-11                 (3)  an occupational therapist to provide the services
5-12     scheduled in the policy which fall within the scope of the license
5-13     of that occupational therapist;
5-14                 (4)  a physical therapist to provide the services
5-15     scheduled in the policy which fall within the scope of the license
5-16     of that physical therapist;
5-17                 (5)  a licensed audiologist to measure hearing for the
5-18     purpose of determining the presence or extent of a hearing loss and
5-19     to provide aural rehabilitation services to a person with a hearing
5-20     loss if those services or procedures are scheduled in the policy;
5-21                 (6)  a licensed speech-language pathologist to evaluate
5-22     speech and language and to provide habilitative and rehabilitative
5-23     services to restore speech or language loss or to correct a speech
5-24     or language impairment if those services or procedures are
5-25     scheduled in the policy;
5-26                 (7)  a licensed master social worker--advanced clinical
5-27     practitioner to provide the services that fall within the scope of
 6-1     the license of such certified practitioner and which are specified
 6-2     as services within the terms of the policy of insurance, including
 6-3     the provision of direct, diagnostic, preventive, or clinical
 6-4     services to individuals, families, and groups whose functioning is
 6-5     threatened or affected by social or psychological stress or health
 6-6     impairment, if those services or procedures are scheduled in the
 6-7     policy;
 6-8                 (8)  a licensed dietitian including a provisional
 6-9     licensed dietitian under a licensed dietitian's supervision to
6-10     provide the services that fall within the scope of the license of
6-11     that dietitian if those services are scheduled in the policy;
6-12                 (9)  a licensed professional counselor to provide the
6-13     services that fall within the scope of the license of that
6-14     professional if those services are scheduled in the policy;
6-15                 (10)  a licensed marriage and family therapist to
6-16     provide the services that fall within the scope of the license of
6-17     that professional if those services are scheduled in the policy;
6-18                 (11)  a psychologist to perform the services or
6-19     procedures scheduled in the policy that fall within the scope of
6-20     the license of that psychologist;
6-21                 (12)  a licensed chemical dependency counselor to
6-22     perform the services or procedures scheduled in the policy that
6-23     fall within the scope of the license of that practitioner;
6-24                 (13) [(12)]  a licensed acupuncturist to perform the
6-25     services or procedures scheduled in the policy that fall within the
6-26     scope of the license of that practitioner;
6-27                 (14) [(13)]  an advanced practice nurse to provide the
 7-1     services scheduled in the policy that fall within the scope of the
 7-2     license of that practitioner;
 7-3                 (15) [(14)]  a physician assistant to provide the
 7-4     services scheduled in the policy that fall within the scope of the
 7-5     license of that practitioner;
 7-6                 (16) [(15)]  a licensed hearing instrument fitter and
 7-7     dispenser to provide the services or procedures scheduled in the
 7-8     policy that fall within the scope of the license of that
 7-9     practitioner; [or]
7-10                 (17) [(16)]  a licensed psychological associate to
7-11     provide the services that fall within the scope of the license of
7-12     that professional if those services are scheduled in the policy; or
7-13                 (18)  a nurse first assistant to provide the services
7-14     scheduled in the policy that fall within the scope of the license
7-15     of that practitioner.
7-16           SECTION 5.  Sections 3(c) and (d), Article 21.52, Insurance
7-17     Code, are amended to read as follows:
7-18           (c)  The payment or reimbursement by the insurance company,
7-19     association, or organization for services or procedures in
7-20     accordance with the payment schedule or the payment provisions in
7-21     the policy shall not be denied because the same were performed by a
7-22     licensed doctor of podiatric medicine, a licensed doctor of
7-23     optometry, a licensed doctor of chiropractic, a licensed dentist,
7-24     an occupational therapist, a physical therapist, a licensed
7-25     audiologist, a licensed speech-language pathologist, a licensed
7-26     master social worker--advanced clinical practitioner, a licensed
7-27     dietitian, a licensed professional counselor, a licensed marriage
 8-1     and family therapist, a psychologist, a licensed psychological
 8-2     associate, a licensed chemical dependency counselor, an advanced
 8-3     practice nurse, a nurse first assistant, a physician assistant, a
 8-4     licensed acupuncturist, or a licensed hearing instrument fitter and
 8-5     dispenser.
 8-6           (d)  There shall not be any classification, differentiation,
 8-7     or other discrimination in the payment schedule or the payment
 8-8     provisions in a health insurance policy, nor in the amount or
 8-9     manner of payment or reimbursement thereunder, between scheduled
8-10     services or procedures when performed by a doctor of podiatric
8-11     medicine, a doctor of optometry, a doctor of chiropractic, a
8-12     licensed dentist, an occupational therapist, a physical therapist,
8-13     a licensed audiologist, a licensed speech-language pathologist, a
8-14     licensed master social worker--advanced clinical practitioner, a
8-15     licensed dietitian, a licensed professional counselor, a licensed
8-16     marriage and family therapist, a psychologist, a licensed
8-17     psychological associate, a licensed chemical dependency counselor,
8-18     an advanced practice nurse to provide the services scheduled in the
8-19     policy, a nurse first assistant to provide the services scheduled
8-20     in the policy, a physician assistant to provide the services
8-21     scheduled in the policy, a licensed acupuncturist, or a licensed
8-22     hearing instrument fitter and dispenser which fall within the scope
8-23     of that practitioner's license or certification and the same
8-24     services or procedures when performed by any other practitioner of
8-25     the healing arts whose services or procedures are covered by the
8-26     policy.  However, a health insurance policy may provide for a
8-27     different amount of payment or reimbursement for scheduled services
 9-1     or procedures when performed by an advanced practice nurse, a nurse
 9-2     first assistant, or physician assistant provided the reimbursement
 9-3     methodology used to calculate the payment for the service or
 9-4     procedure is the same methodology used to calculate the payment
 9-5     when the service or procedure is provided by a physician.
 9-6           SECTION 6. Section 32.027, Human Resources Code, is amended
 9-7     by adding Subsection (j) to read as follows:
 9-8           (j)  The department shall assure that a recipient of medical
 9-9     assistance under this chapter may select a nurse first assistant,
9-10     as defined by Section 301.1525, Occupations Code, to perform any
9-11     health care service or procedure covered under the medical
9-12     assistance program if the selected nurse first assistant is
9-13     authorized by law to perform the service or procedure.
9-14           SECTION 7. This Act takes effect September 1, 2001, and
9-15     applies only to a health insurance policy that is delivered, issued
9-16     for delivery, or renewed on or after January 1, 2002.  A health
9-17     insurance policy that is delivered, issued for delivery, or renewed
9-18     before January 1, 2002, is governed by the law as it existed
9-19     immediately before the effective date of this Act, and that law is
9-20     continued in effect for that purpose.