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79R10169 MSE-D


By:  Davis of Harris, Dawson                                      H.B. No. 2912

Substitute the following for H.B. No. 2912:                                   

By:  Dawson                                                   C.S.H.B. No. 2912



A BILL TO BE ENTITLED

AN ACT

relating to the performance of certain professional activities of 
dietitians acting under medical orders.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter H, Chapter 701, Occupations Code, is 
amended by adding Sections 701.354, 701.355, and 701.356 to read as 
follows:
	Sec. 701.354.  MEDICAL PROTOCOLS.  Notwithstanding any other 
law, a person licensed under this chapter acting within the scope of 
the person's license and consistent with medical direction or 
authorization as provided by Section 701.356 may accept, transcribe 
into a patient's medical record, or transmit verbal or 
electronically transmitted orders, including medication orders, 
from a physician to another authorized health care professional 
relating to the implementation or provision of medical nutrition 
therapy and related medical protocols for a patient or a group of 
patients.
	Sec. 701.355.  LABORATORY TESTS.  Notwithstanding any other 
law, a person licensed under this chapter acting within the scope of 
the person's license and consistent with medical direction or 
authorization as provided by Section 701.356 may order medical 
laboratory tests relating to the implementation or provision of 
medical nutrition therapy and related medical protocols for a 
patient or a group of patients.
	Sec. 701.356.  MEDICAL DIRECTION OR AUTHORIZATION.  A 
medical direction or authorization required by Section 701.354 or 
701.355 must be issued in accordance with Subchapter A, Chapter 
157, and rules adopted by the Texas State Board of Medical Examiners 
under that subchapter and must be provided as follows:
		(1)  in a health care facility, through a physician's 
order, standing medical order, standing delegation order, or 
medical protocol; or
		(2)  in a private practice setting, through a 
physician's order, standing medical order, or standing delegation 
order of the referring physician.
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.