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By:  Davis of Harris                                              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.  Chapter 701, Occupations Code, is amended by 
adding a new section 701.354, to read as follows:
	Sec. 701.354.  MEDICAL PROTOCOLS; MEDICAL NUTRITION 
THERAPY; LABORATORY TESTS.  (a)  Notwithstanding any other 
provision of law, a licensed dietitian/nutritionist, acting within 
the scope of his or her license and consistent with medical 
direction or authorization as provided in this section, may accept, 
transcribe into a patient's medical record or transmit verbal or 
electronically-transmitted orders, including medication orders, 
from a physician to other authorized health care professionals 
relating to the implementation or provision of medical nutrition 
therapy and related medical protocols for an individual patient or 
group of patients.  In a licensed health facility, the medical 
direction or authorization shall be provided, as appropriate, 
through a physician's order, standing medical order, standing 
delegation order or medical protocol issued in accordance with 
Subchapter A, Chapter 157, Occupations Code, and rules adopted by 
the Board of Medical Examiners implementing the subchapter.  In a 
private practice setting, the medical direction or authorization 
shall be provided, as appropriate, through the physician's order, 
standing medical order, or standing delegation order of a referring 
physician, in accordance with Subchapter A, Chapter 157, 
Occupations Code, and rules adopted by the Board of Medical 
Examiners implementing the subchapter.
	(b)  Notwithstanding any other provision of law, a licensed 
dietitian/nutritionist, acting within the scope of his or her 
license and consistent with medical direction or authorization as 
provided in this section, may order medical laboratory tests 
relating to the implementation or provision of medical nutrition 
therapy and related medical protocols for individual patients or 
groups of patients.  In a licensed health facility, the medical 
direction or authorization shall be provided, as appropriate, 
through a physician's order, standing medical order, standing 
delegation order or medical protocol, issued in accordance with 
Subchapter A, Chapter 157, Occupations Code, and rules adopted by 
the Board of Medical Examiners implementing the subchapter.  In a 
private practice setting, the medical direction or authorization 
shall be provided through the physician's order, standing medical 
order, or a standing delegation order of the referring physician, 
in accordance with Subchapter A, Chapter 157, Occupations Code, and 
rules adopted by the Board of Medical Examiners implementing the 
subchapter.
	SECTION 2.  EFFECTIVE DATE.  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.