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By: Zedler (Senate Sponsor - Deuell) H.B. No. 2131
(In the Senate - Received from the House May 5, 2003;
May 7, 2003, read first time and referred to Committee on Health
and Human Services; May 19, 2003, reported favorably by the
following vote: Yeas 8, Nays 0; May 19, 2003, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of certain operating room nurses
employed by certain other health providers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 301, Occupations Code, is
amended by adding Sections 301.1526 and 301.1527 to read as
follows:
Sec. 301.1526. CERTAIN NURSES DIRECTLY ASSISTING IN
SURGERY. (a) This section does not apply to a registered nurse who
is a nurse first assistant under Section 301.1525.
(b) A registered nurse to whom this section applies may
directly assist a physician, physician's group, podiatrist, or
dentist to perform surgery if the nurse:
(1) has, before September 1, 2003, directly assisted
the physician, physician's group, podiatrist, or dentist to perform
surgery for 2,500 or more hours;
(2) assists under the direct personal supervision and
in the physical presence of the physician, physician's group,
podiatrist, or dentist in the same sterile field; and
(3) is employed by the physician, physician's group,
podiatrist, or dentist or by a hospital licensed under Chapter 241,
Health and Safety Code.
(c) In this section, "directly assisting in surgery":
(1) includes:
(A) holding a retractor;
(B) grasping tissue;
(C) using a suction device;
(D) sponging a wound; and
(E) following a suture while the physician,
physician's group, podiatrist, or dentist sews tissue; and
(2) does not include:
(A) making an incision;
(B) inserting a laparoscopic trocar;
(C) tying a suture; or
(D) placing a suture or staple.
(d) A registered nurse, physician, physician's group,
podiatrist, or dentist, or the facility at which surgery is
performed under this section, may not separately bill the services
of the registered nurse to the patient or to any third-party
insurer.
(e) A registered nurse to whom this section applies may not
use:
(1) the title "nurse first assistant" or "registered
nurse first assistant";
(2) the abbreviation "R.N.F.A."; or
(3) any other title or abbreviation that implies to
the public that the person is qualified as a nurse first assistant
under Section 301.1525.
(f) This section expires January 1, 2007.
Sec. 301.1527. CERTAIN NURSES DIRECTLY ASSISTING IN SURGERY
IN SMALL HOSPITALS. (a) In this section, "small hospital" means a
hospital licensed under Chapter 241, Health and Safety Code, that
has 100 or fewer beds.
(b) This section does not apply to a registered nurse who is
a nurse first assistant under Section 301.1525.
(c) A registered nurse to whom this section applies may
directly assist a physician, physician's group, podiatrist, or
dentist to perform surgery at a small hospital if the nurse:
(1) has, before September 1, 2003, directly assisted
the physician, physician's group, podiatrist, or dentist to perform
surgery for 2,500 or more hours;
(2) assists under the direct personal supervision and
in the physical presence of the physician, physician's group,
podiatrist, or dentist in the same sterile field; and
(3) is employed by the physician, physician's group,
podiatrist, or dentist or by the small hospital.
(d) In this section, "directly assisting in surgery":
(1) includes:
(A) holding a retractor;
(B) grasping tissue;
(C) using a suction device;
(D) sponging a wound; and
(E) following a suture while the physician,
physician's group, podiatrist, or dentist sews tissue; and
(2) does not include:
(A) making an incision;
(B) inserting a laparoscopic trocar;
(C) tying a suture; or
(D) placing a suture or staple.
(e) A registered nurse, physician, physician's group,
podiatrist, or dentist, or the facility at which surgery is
performed under this section, may not separately bill the services
of the registered nurse to the patient or to any third-party
insurer.
(f) A registered nurse to whom this section applies may not
use:
(1) the title "nurse first assistant" or "registered
nurse first assistant";
(2) the abbreviation "R.N.F.A."; or
(3) any other title or abbreviation that implies to
the public that the person is qualified as a nurse first assistant
under Section 301.1525.
SECTION 2. (a) Except as provided by Subsection (b) of this
section, this Act takes effect September 1, 2003.
(b) Section 301.1527, Occupations Code, as added by this
Act, takes effect January 1, 2007.
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