Bill Summary – FastDemocracy

      
            88R12746 DIO-F
         
		By: Allison
            H.B. No. 3567
         
               A BILL TO BE ENTITLED
            
               AN ACT
            
            relating to requirements for the renewal of a physician's 
         
            registration permit and the delegation by a physician of certain 
         
            medical acts.
         
                   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         
                   SECTION 1.  Section 156.001, Occupations Code, is amended by 
         
            adding Subsection (d-1) to read as follows:
         
                   (d-1)  A license holder who has entered into a prescriptive 
         
            authority agreement under Section 157.0512 shall, at the time the 
         
            license holder submits a registration renewal application, make an 
         
            electronically signed attestation to the board that periodic 
         
            meetings required by Section 157.0512(e)(9)(B) have taken place in 
         
            accordance with Section 157.0512(f).
         
                   SECTION 2.  Section 157.001, Occupations Code, is amended by 
         
            amending Subsections (a) and (c) and adding Subsections (a-1) and 
         
            (a-2) to read as follows:
         
                   (a)  A physician may delegate to a qualified and properly 
         
            trained person acting under the physician's supervision any medical 
         
            act that a reasonable and prudent physician would find within the 
         
            scope of sound medical judgment to delegate if, in the opinion of 
         
            the delegating physician:
         
                         (1)  the act:
         
                               (A)  can be properly and safely performed by the 
         
            person to whom the medical act is delegated;
         
                               (B)  is performed in its customary manner; [and]
         
                               (C)  is not in violation of any other statute; and
         
                               (D)  is within the scope of practice of the 
         
            physician's primary specialty during the five-year period 
         
            preceding the delegation; and
         
                         (2)  the person to whom the delegation is made does not 
         
            represent to the public that the person is authorized to practice 
         
            medicine.
         
                   (a-1)  The performance of a delegated medical act by a 
         
            qualified person must be supervised:
         
                         (1)  at the location and for the period the delegated 
         
            medical act is performed; and
         
                         (2)  by:
         
                               (A)  the delegating physician; or
         
                               (B)  an advanced practice registered nurse or 
         
            physician assistant supervised by the delegating physician and to 
         
            whom the delegating physician has delegated the supervision of the 
         
            qualified person.
         
                   (a-2)  A delegated medical act may not be performed at a 
         
            location that is more than 75 miles from the physician's primary 
         
            practice location.
         
                   (c)  The board may determine whether:
         
                         (1)  an act constitutes the practice of medicine, not 
         
            inconsistent with this chapter; and
         
                         (2)  a medical act may be properly or safely delegated 
         
            and supervised by a physician with a thorough knowledge of the 
         
            delegated medical act [physicians].
         
                   SECTION 3.  Section 157.002(b), Occupations Code, is amended 
         
            to read as follows:
         
                   (b)  A physician may delegate to any qualified and properly 
         
            trained person acting under the physician's supervision the act of 
         
            administering or providing dangerous drugs in the physician's 
         
            office, as ordered by the physician, that are used or required to 
         
            meet the immediate needs of the physician's patients.  The 
         
            administration or provision of the dangerous drugs must be 
         
            performed in compliance with laws relating to the practice of 
         
            medicine and state and federal laws relating to those dangerous 
         
            drugs, including a requirement that the proper dosage of a 
         
            dangerous drug may be determined only by:
         
                         (1)  the delegating physician; or
         
                         (2)  an advanced practice registered nurse or physician 
         
            assistant acting under the physician's delegation through a 
         
            standing order.
         
                   SECTION 4.  Section 157.051(4), Occupations Code, is amended 
         
            to read as follows:
         
                         (4)  "Device" has the meaning assigned by Section 
         
            551.003, and includes durable medical equipment, laser and 
         
            intense-pulsed light devices, and injectable implant devices.
         
                   S
Statutes affected: 
Introduced: Occupations Code 156.001, Occupations Code 157.001, Occupations Code 157.002, Occupations Code 157.051, Occupations Code 157.0512, Occupations Code 157.055 (Occupations Code 157, Occupations Code 156)



	A BILL TO BE ENTITLED
	AN ACT
	relating to requirements for the renewal of a physician's
	registration permit and the delegation by a physician of certain
	medical acts.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 156.001, Occupations Code, is amended by
	adding Subsection (d-1) to read as follows:
	(d-1) A license holder who has entered into a prescriptive
	authority agreement under Section 157.0512 shall, at the time the
	license holder submits a registration renewal application, make an
	electronically signed attestation to the board that periodic
	meetings required by Section 157.0512(e)(9)(B) have taken place in
	accordance with Section 157.0512(f).
	SECTION 2. Section 157.001, Occupations Code, is amended by
	amending Subsections (a) and (c) and adding Subsections (a-1) and
	(a-2) to read as follows:
	(a) A physician may delegate to a qualified and properly
	trained person acting under the physician's supervision any medical
	act that a reasonable and prudent physician would find within the
	scope of sound medical judgment to delegate if, in the opinion of
	the delegating physician:
	(1) the act:
	(A) can be properly and safely performed by the
	person to whom the medical act is delegated;
	(B) is performed in its customary manner; [~~and~~]
	(C) is not in violation of any other statute; and
	(D) is within the scope of practice of the
	physician's primary specialty during the five-year period
	preceding the delegation; and
	(2) the person to whom the delegation is made does not
	represent to the public that the person is authorized to practice
	medicine.
	(a-1) The performance of a delegated medical act by a
	qualified person must be supervised:
	(1) at the location and for the period the delegated
	medical act is performed; and
	(2) by:
	(A) the delegating physician; or
	(B) an advanced practice registered nurse or
	physician assistant supervised by the delegating physician and to
	whom the delegating physician has delegated the supervision of the
	qualified person.
	(a-2) A delegated medical act may not be performed at a
	location that is more than 75 miles from the physician's primary
	practice location.
	(c) The board may determine whether:
	(1) an act constitutes the practice of medicine, not
	inconsistent with this chapter; and
	(2) a medical act may be properly or safely delegated
	and supervised by a physician with a thorough knowledge of the
	delegated medical act [~~physicians~~].
	SECTION 3. Section 157.002(b), Occupations Code, is amended
	to read as follows:
	(b) A physician may delegate to any qualified and properly
	trained person acting under the physician's supervision the act of
	administering or providing dangerous drugs in the physician's
	office, as ordered by the physician, that are used or required to
	meet the immediate needs of the physician's patients. The
	administration or provision of the dangerous drugs must be
	performed in compliance with laws relating to the practice of
	medicine and state and federal laws relating to those dangerous
	drugs, including a requirement that the proper dosage of a
	dangerous drug may be determined only by:
	(1) the delegating physician; or
	(2) an advanced practice registered nurse or physician
	assistant acting under the physician's delegation through a
	standing order.
	SECTION 4. Section 157.051(4), Occupations Code, is amended
	to read as follows:
	(4) "Device" has the meaning assigned by Section
	551.003, and includes durable medical equipment, laser and
	intense-pulsed light devices, and injectable implant devices.
	S Statutes affected: Introduced: Occupations Code 156.001, Occupations Code 157.001, Occupations Code 157.002, Occupations Code 157.051, Occupations Code 157.0512, Occupations Code 157.055 (Occupations Code 157, Occupations Code 156)