Bill Text: TX HB2079 | 2011-2012 | 82nd Legislature | Introduced

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Bill Title: Relating to the administration by certain nurses and occupational therapists of treatments, medication, or therapy ordered by a health care practitioner.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2011-03-08 - Referred to Public Health [HB2079 Detail]

Download: Texas-2011-HB2079-Introduced.html

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82R6028 EES-F
By: Christian H.B. No. 2079

A BILL TO BE ENTITLED
AN ACT
relating to the administration by certain nurses and occupational
therapists of treatments, medication, or therapy ordered by a
health care practitioner.
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 health care practitioner legally
authorized to order the medication or treatment [physician,
podiatrist, or dentist];
(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 sites in
which a 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 157.052, 157.053, 157.054, 157.0541,
157.0542, 157.058, or 157.059; and
(H) the development of the nursing care plan.
SECTION 2. 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 a[:
[(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) another qualified, licensed] health care
practitioner [professional] who is legally authorized to refer for
health care services within the scope of the practitioner's
[professional's] license.
SECTION 3. 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, 2011.