84R6356 EES-F
 
  By: Klick H.B. No. 2129
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the administration by certain health care professionals
  of treatments, therapy, or medication ordered by an optometrist or
  therapeutic optometrist.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 301.002(2), Occupations Code, is amended
  to read as follows:
               (2)  "Professional nursing" means the performance of an
  act that requires substantial specialized judgment and skill, the
  proper performance of which is based on knowledge and application
  of the principles of biological, physical, and social science as
  acquired by a completed course in an approved school of
  professional nursing.  The term does not include acts of medical
  diagnosis or the prescription of therapeutic or corrective
  measures.  Professional nursing involves:
                     (A)  the observation, assessment, intervention,
  evaluation, rehabilitation, care and counsel, or health teachings
  of a person who is ill, injured, infirm, or experiencing a change in
  normal health processes;
                     (B)  the maintenance of health or prevention of
  illness;
                     (C)  the administration of a medication or
  treatment as ordered by a physician, podiatrist, [or] dentist, or
  therapeutic optometrist;
                     (D)  the supervision or teaching of nursing;
                     (E)  the administration, supervision, and
  evaluation of nursing practices, policies, and procedures;
                     (F)  the requesting, receiving, signing for, and
  distribution of prescription drug samples to patients at practices
  at which an advanced practice registered nurse is authorized to
  sign prescription drug orders as provided by Subchapter B, Chapter
  157;
                     (G)  the performance of an act delegated by a
  physician under Section 157.0512, 157.054, 157.058, or 157.059; and
                     (H)  the development of the nursing care plan.
         SECTION 2.  Section 453.001(9), Occupations Code, is amended
  to read as follows:
               (9)  "Referring practitioner" means a qualified
  licensed health care professional who, within the scope of
  professional licensure, may refer a person for health care
  services. The term includes:
                     (A)  a physician licensed to practice medicine by
  a state board of medical examiners;
                     (B)  a dentist licensed by a state board of dental
  examiners;
                     (C)  a chiropractor licensed by a state board of
  chiropractic examiners; [and]
                     (D)  a podiatrist licensed by a state board of
  podiatric medical examiners; and
                     (E)  an optometrist or therapeutic optometrist
  licensed by a state board of optometry.
         SECTION 3.  Section 454.213(b), Occupations Code, is amended
  to read as follows:
         (b)  Implementation of direct occupational therapy to a
  person for a specific health care condition must be based on a
  referral from:
               (1)  a physician licensed by a state board of medical
  examiners;
               (2)  a dentist licensed by a state board of dental
  examiners;
               (3)  a chiropractor licensed by a state board of
  chiropractic examiners;
               (4)  a podiatrist licensed by a state board of
  podiatric medical examiners; [or]
               (5)  an optometrist or therapeutic optometrist
  licensed by a state board of optometry; or
               (6)  another qualified, licensed health care
  professional who is authorized to refer for health care services
  within the scope of the professional's license.
         SECTION 4.  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, 2015.