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A BILL TO BE ENTITLED
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AN ACT
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relating to the treatment of tick-borne diseases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 164, Occupations Code, is |
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amended by adding Section 164.0511 to read as follows: |
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Sec. 164.0511. TREATMENT OF TICK-BORNE DISEASE; |
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DISCIPLINARY ACTION PROHIBITED. (a) The board may not investigate |
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or discipline a physician based solely on the physician's treatment |
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of a patient's tick-borne disease if the physician has: |
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(1) personally performed, in good faith, a medical |
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examination of the patient; |
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(2) informed the patient in writing of the patient's |
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treatment options and the known risks of each option; and |
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(3) obtained informed written consent for the |
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treatment option chosen by the patient. |
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(b) This section may not be construed as prohibiting the |
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board from: |
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(1) investigating a complaint concerning a physician's |
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compliance with Subsection (a) in the treatment of a patient's |
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tick-borne disease; or |
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(2) disciplining a physician who: |
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(A) prescribes, administers, or dispenses a |
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treatment therapy that is not supported by a school of medicine or |
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thought; |
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(B) fails to monitor the ongoing care of a |
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patient receiving a treatment; or |
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(C) fails to keep complete and accurate records |
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of the diagnosis and treatment of a patient receiving a treatment. |
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SECTION 2. Subchapter J, Chapter 301, Occupations Code, is |
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amended by adding Section 301.4522 to read as follows: |
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Sec. 301.4522. TREATMENT OF TICK-BORNE DISEASE; |
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DISCIPLINARY ACTION PROHIBITED. (a) The board may not investigate |
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or discipline a nurse based solely on the nurse's treatment of a |
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|
patient's tick-borne disease if the nurse has: |
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|
(1) personally performed, in good faith, a medical |
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|
examination of the patient; |
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|
(2) informed the patient in writing of the patient's |
|
|
treatment options and the known risks of each option; and |
|
|
(3) obtained informed written consent for the |
|
|
treatment option chosen by the patient. |
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|
(b) This section may not be construed as prohibiting the |
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|
board from: |
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|
(1) investigating a complaint concerning a nurse's |
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|
compliance with Subsection (a) in the treatment of a patient's |
|
|
tick-borne disease; or |
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|
(2) disciplining a nurse who: |
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|
(A) prescribes, administers, or dispenses a |
|
|
treatment therapy that is not supported by a school of medicine or |
|
|
thought; |
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|
(B) fails to monitor the ongoing care of a |
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patient receiving a treatment; or |
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(C) fails to keep complete and accurate records |
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of the diagnosis and treatment of a patient receiving a treatment. |
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SECTION 3. Sections 164.0511 and 301.4522, Occupations |
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Code, as added by this Act, apply only to the investigation of a |
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complaint or a disciplinary action based on a complaint filed on or |
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after the effective date of this Act. The investigation of a |
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complaint or a disciplinary action based on a complaint filed |
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before that date is governed by the law in effect on the date the |
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complaint was filed, and that law is continued in effect for that |
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purpose. |
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SECTION 4. This Act takes effect September 1, 2011. |