By Farabee                                            H.B. No. 2209
         77R8109 GJH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the delegation of prescription drug orders to physician
 1-3     assistants and advanced practice nurses who provide health care
 1-4     services at certain alternate practice sites.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1. Section 157.053, Occupations Code, is amended by
 1-7     amending Subsections (a), (b), and (e) and adding Subsections (g)
 1-8     and (h) to read as follows:
 1-9           (a)  In this section:[,]
1-10                 (1)  "Alternate practice site" means a practice
1-11     location of a physician that is located within 60 miles of the
1-12     physician's primary practice site and at which medical services
1-13     similar to those provided at the primary practice site are offered.
1-14                 (2)  "Primary ["primary] practice site" means:
1-15                       (A) [(1)]  the practice location of a physician
1-16     at which the physician spends the majority of the physician's time;
1-17                       (B) [(2)]  a licensed hospital, a licensed
1-18     long-term care facility, or a licensed adult care center where both
1-19     the physician and the physician assistant or advanced practice
1-20     nurse are authorized to practice;
1-21                       (C) [(3)]  a clinic operated by or for the
1-22     benefit of a public school district to provide care to the students
1-23     of that district and the siblings of those students, if consent to
1-24     treatment at that clinic is obtained in a manner that complies with
 2-1     Chapter 32, Family Code;
 2-2                       (D) [(4)]  the residence of an established
 2-3     patient; or
 2-4                       (E) [(5)]  another location at which the
 2-5     physician is physically present with the physician assistant or
 2-6     advanced practice nurse.
 2-7           (b)  At a physician's primary practice site or a qualified
 2-8     alternate practice site, a physician licensed by the board may
 2-9     delegate to a physician assistant or an advanced practice nurse
2-10     acting under adequate physician supervision the act of
2-11     administering, providing, or carrying out or signing a prescription
2-12     drug order as authorized through a physician's order, a standing
2-13     medical order, a standing delegation order, or another order or
2-14     protocol as defined by the board. Providing a drug and carrying out
2-15     or signing a prescription drug order under this section is limited
2-16     to dangerous drugs.
2-17           (e)  A physician's authority to delegate the carrying out or
2-18     signing of a prescription drug order at the physician's primary
2-19     practice site under this section is limited to:
2-20                 (1)  three physician assistants or advanced practice
2-21     nurses or their full-time equivalents practicing at the physician's
2-22     primary practice site or qualified alternate practice site; and
2-23                 (2)  the patients with whom the physician has
2-24     established or will establish a physician-patient relationship.
2-25           (g)  A physician may establish not more than one qualified
2-26     alternate practice site by filing with the board an application
2-27     prescribed by the board.
 3-1           (h)  To maintain an alternate practice site's qualification,
 3-2     the delegating physician must:
 3-3                 (1)  review at least 10 percent of the charts or
 3-4     records of patients treated at the alternate practice site;
 3-5                 (2)  be present at the alternate practice site with a
 3-6     physician assistant or advanced practice nurse at least 20 percent
 3-7     of the time the alternate practice site is open;
 3-8                 (3)  when not present at the alternate practice site,
 3-9     be available by voice communication at any time a physician
3-10     assistant or advanced practice nurse is providing health care at
3-11     the alternate practice site; and
3-12                 (4)  complete any reports required by the board.
3-13           SECTION 2. This Act takes effect September 1, 2001.