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A BILL TO BE ENTITLED
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AN ACT
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relating to the administration by certain nurses and occupational |
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therapists of treatments, medication, or therapy ordered by a |
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health care practitioner. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 301.002(2), Occupations Code, is amended |
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to read as follows: |
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(2) "Professional nursing" means the performance of an |
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act that requires substantial specialized judgment and skill, the |
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proper performance of which is based on knowledge and application |
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of the principles of biological, physical, and social science as |
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acquired by a completed course in an approved school of |
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professional nursing. The term does not include acts of medical |
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diagnosis or the prescription of therapeutic or corrective |
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measures. Professional nursing involves: |
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(A) the observation, assessment, intervention, |
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evaluation, rehabilitation, care and counsel, or health teachings |
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of a person who is ill, injured, infirm, or experiencing a change in |
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normal health processes; |
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(B) the maintenance of health or prevention of |
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illness; |
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(C) the administration of a medication or |
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treatment as ordered by a health care practitioner legally |
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authorized to order the medication or treatment [physician,
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podiatrist, or dentist]; |
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(D) the supervision or teaching of nursing; |
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(E) the administration, supervision, and |
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evaluation of nursing practices, policies, and procedures; |
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(F) the requesting, receiving, signing for, and |
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distribution of prescription drug samples to patients at sites in |
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which a registered nurse is authorized to sign prescription drug |
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orders as provided by Subchapter B, Chapter 157; |
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(G) the performance of an act delegated by a |
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physician under Section 157.052, 157.053, 157.054, 157.0541, |
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157.0542, 157.058, or 157.059; and |
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(H) the development of the nursing care plan. |
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SECTION 2. Section 454.213(b), Occupations Code, is amended |
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to read as follows: |
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(b) Implementation of direct occupational therapy to a |
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person for a specific health care condition must be based on a |
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referral from a[:
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[(1)
a physician licensed by a state board of medical
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examiners;
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[(2)
a dentist licensed by a state board of dental
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examiners;
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[(3)
a chiropractor licensed by a state board of
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chiropractic examiners;
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[(4)
a podiatrist licensed by a state board of
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podiatric medical examiners; or
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[(5) another qualified, licensed] health care |
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practitioner [professional] who is legally authorized to refer for |
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health care services within the scope of the practitioner's |
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[professional's] license. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |