79R5451 JMM-F
By: Zedler H.B. No. 1718
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of certain nursing practices.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter H, Chapter 301, Occupations Code, is
amended by adding Section 301.353 to read as follows:
Sec. 301.353. NURSE FIRST ASSISTANTS; ASSISTING AT SURGERY
BY OTHER NURSES. (a) In this section, "nurse first assistant"
means a registered nurse who:
(1) has completed a nurse first assistant educational
program approved or recognized by an organization recognized by the
board; and
(2) is either:
(A) certified in perioperative nursing by an
organization recognized by the board; or
(B) recognized by the board as an advance
practice nurse and qualified by education, training, or experience
to perform the tasks involved in perioperative nursing.
(b) Unless the person is a nurse first assistant, the person
may not use:
(1) the titles "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 this section.
(c) A health maintenance organization or an insurer,
including an insurer offering a preferred provider benefit plan,
may not, by contract or any other method, require a physician to use
the services of a nurse first assistant.
(d) A nurse who is not a nurse first assistant may assist a
physician, podiatrist, or dentist in the performance of surgery if
the nurse:
(1) assists under the direct personal supervision and
in the physical presence of the physician, podiatrist, or dentist;
(2) is in the same sterile field as the physician,
podiatrist, or dentist;
(3) is employed by:
(A) the physician, podiatrist, or dentist;
(B) a group to which the physician, podiatrist,
or dentist belongs; or
(C) a hospital licensed or owned by the state;
and
(4) is qualified by education, training, or experience
to perform the tasks assigned to the nurse.
(e) A patient or third-party insurer may not be billed
separately for the services performed by a nurse described by
Subsection (d).
SECTION 2. Sections 301.1525, 301.1526, and 301.1527,
Occupations Code, are repealed.
SECTION 3. This Act takes effect September 1, 2005.