88(R) HB 3567 - Introduced version - Bill Text
 
 
 
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 .
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 156, Occupations Code 157)