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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a podiatrist to delegate certain |
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podiatric medical acts to an advanced practice registered nurse. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 202, Occupations Code, is amended by |
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adding Subchapter H-1 to read as follows: |
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SUBCHAPTER H-1. DELEGATION OF CERTAIN PODIATRIC MEDICAL ACTS |
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Sec. 202.371. DEFINITIONS. In this subchapter: |
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(1) "Advanced practice registered nurse" has the |
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meaning assigned by Section 301.152. |
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(2) "Minor procedure" means a procedure typically |
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performed in an office setting and not requiring the use of |
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medication or treatment other than local anesthesia. |
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(3) "Nursing board" means the Texas Board of Nursing. |
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(4) "Prescriptive authority agreement" means an |
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agreement entered into by a podiatrist and an advanced practice |
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registered nurse through which the podiatrist delegates to the |
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advanced practice registered nurse the act of prescribing or |
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ordering a drug or device. |
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Sec. 202.372. DELEGATION OF CERTAIN PODIATRIC MEDICAL ACTS. |
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(a) A supervising podiatrist may delegate to a qualified and |
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properly trained podiatric medical assistant or advanced practice |
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registered nurse any podiatric medical act that a reasonable and |
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prudent podiatrist would find within the scope of sound medical |
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judgment to delegate if: |
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(1) in the opinion of the delegating podiatrist, the |
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act: |
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(A) can be properly and safely performed by the |
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podiatric medical assistant or advanced practice registered nurse |
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to whom the act is delegated; and |
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(B) is performed in a customary manner and not in |
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violation of any other statute; and |
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(2) the podiatric medical assistant or advanced |
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practice registered nurse to whom the act is delegated does not |
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represent to the public that the person is authorized to practice |
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podiatry. |
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(b) A delegating podiatrist is responsible for a podiatric |
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medical act performed by the podiatric medical assistant or |
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advanced practice registered nurse to whom the podiatrist delegates |
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the act. |
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(c) The department may determine whether: |
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(1) an act constitutes the practice of podiatric |
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medicine; and |
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(2) a podiatric medical act may be properly or safely |
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delegated by podiatrists. |
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Sec. 202.373. DELEGATIONS TO ADVANCED PRACTICE REGISTERED |
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NURSE. (a) A podiatrist may delegate to an advanced practice |
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registered nurse the performance of any podiatric medical act |
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within the scope of practice of the advanced practice registered |
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nurse. The performance of a delegated act must be consistent with |
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this chapter, rules adopted by the commission or nursing board, and |
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any written protocol adopted by the podiatrist consistent with |
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commission or nursing board rules. |
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(b) The commission shall adopt rules providing that an |
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advanced practice registered nurse may, without the presence of a |
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supervising podiatrist: |
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(1) conduct office visits with patients, including the |
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performance of minor procedures; |
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(2) oversee clinic operations; and |
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(3) conduct preoperative and postoperative |
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assessments and medication management. |
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(c) A podiatrist delegating to an advanced practice |
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registered nurse shall, consistent with nursing board rules, |
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cooperate with the advanced practice registered nurse in the |
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development and review of written protocols for the provision of |
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podiatric medical care. |
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Sec. 202.374. PRESCRIPTIVE AUTHORITY AGREEMENTS. (a) The |
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commission shall adopt rules establishing requirements for a |
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prescriptive authority agreement. The rules may require a |
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podiatrist who delegates the prescribing or ordering of a drug or |
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device to register with the department the name and license number |
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of any advanced practice registered nurse to whom the delegation is |
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made. The department may develop and use an electronic online |
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delegation registration process for registration under this |
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subsection. |
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(b) The rules adopted under Subsection (a) must be at least |
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as stringent as the requirements for a delegation by a physician |
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under Chapter 157. |
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Sec. 202.375. LIABILITY FOR DELEGATED ACTS. Unless the |
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podiatrist has reason to believe the advanced practice registered |
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nurse lacked the competency to perform the act, a podiatrist is not |
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liable for an act of an advanced practice registered nurse solely |
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because the podiatrist entered into a prescriptive authority |
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agreement authorizing the advanced practice registered nurse to |
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administer, provide, prescribe, or order a drug or device. |
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SECTION 2. Section 202.354, Occupations Code, is repealed. |
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SECTION 3. This Act takes effect September 1, 2025. |