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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of an advanced practice registered nurse |
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to sign or issue certain documents. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 38.001(c), Education Code, is amended to |
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read as follows: |
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(c) Immunization is not required for a person's admission to |
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any elementary or secondary school if the person applying for |
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admission: |
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(1) submits to the admitting official: |
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(A) an affidavit or a certificate signed by a |
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physician who is duly registered and licensed to practice medicine |
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in the United States or an advanced practice registered nurse who is |
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licensed to practice advanced nursing in the United States, in |
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which it is stated that, in the physician's or nurse's opinion, the |
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immunization required poses a significant risk to the health and |
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well-being of the applicant or any member of the applicant's family |
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or household; or |
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(B) an affidavit signed by the applicant or, if a |
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minor, by the applicant's parent or guardian stating that the |
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applicant declines immunization for reasons of conscience, |
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including a religious belief; or |
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(2) is a member of the armed forces of the United |
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States and is on active duty. |
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SECTION 2. Section 51.9192(d), Education Code, is amended |
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to read as follows: |
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(d) A student to whom this section applies or a parent or |
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guardian of the student is not required to comply with Subsection |
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(c) if the student or a parent or guardian of the student submits to |
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the institution: |
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(1) an affidavit or a certificate signed by a |
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physician who is duly registered and licensed to practice medicine |
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in the United States or an advanced practice registered nurse who is |
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licensed to practice advanced nursing in the United States in which |
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it is stated that, in the physician's or nurse's opinion, the |
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vaccination required would be injurious to the health and |
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well-being of the student; or |
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(2) an affidavit signed by the student stating that |
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the student declines the vaccination for bacterial meningitis for |
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reasons of conscience, including a religious belief, or |
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confirmation that the student has completed the Internet-based |
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process described by Subsection (d-3) for declining the vaccination |
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on that basis, if applicable to the student. |
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SECTION 3. Section 51.933(d), Education Code, is amended to |
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read as follows: |
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(d) No form of immunization is required for a person's |
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admission to an institution of higher education if the person |
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applying for admission: |
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(1) submits to the admitting official: |
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(A) an affidavit or a certificate signed by a |
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physician who is duly registered and licensed to practice medicine |
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within the United States or an advanced practice registered nurse |
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who is licensed to practice advanced nursing within the United |
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States in which it is stated that, in the physician's or nurse's |
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opinion, the immunization required poses a significant risk to the |
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health and well-being of the applicant or any member of the |
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applicant's family or household; or |
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(B) an affidavit signed by the applicant or, if a |
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minor, by the applicant's parent or guardian stating that the |
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applicant declines immunization for reasons of conscience, |
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including a religious belief; or |
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(2) is a member of the armed forces of the United |
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States and is on active duty. |
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SECTION 4. Sections 62.109(b) and (f), Government Code, are |
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amended to read as follows: |
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(b) A person requesting an exemption under this section must |
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submit to the court an affidavit stating the person's name and |
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address and the reason for and the duration of the requested |
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exemption. A person requesting an exemption due to a physical or |
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mental impairment must attach to the affidavit a statement from a |
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physician or advanced practice registered nurse. The affidavit and |
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physician's or nurse's statement may be submitted to the court at |
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the time the person is summoned for jury service or at any other |
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time. |
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(f) An affidavit accompanying a request for an exemption |
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from jury service because of a physical or mental impairment may be |
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presented by the affiant or by a friend or relative of the affiant. |
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The affidavit must state: |
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(1) the name and address of the physician or advanced |
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practice registered nurse whose statement accompanies the |
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affidavit; |
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(2) whether the request is for a permanent or |
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temporary exemption; |
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(3) the period of time for which a temporary exemption |
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is requested; and |
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(4) that as a direct result of the physical or mental |
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impairment it is impossible or very difficult for the affiant to |
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serve on a jury. |
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SECTION 5. Section 89.001, Health and Safety Code, is |
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amended by amending Subdivision (1) and adding Subdivision (1-a) to |
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read as follows: |
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(1) "Advanced practice registered nurse" has the |
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meaning assigned by Section 301.152, Occupations Code. |
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(1-a) "Community corrections facility" means a |
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facility established under Chapter 509, Government Code. |
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SECTION 6. Sections 89.011(a), (b), and (d), Health and |
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Safety Code, are amended to read as follows: |
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(a) The governing body of a jail or community corrections |
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facility, through the community supervision and corrections |
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department, shall require that each employee or volunteer working |
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or providing services in a jail or a community corrections |
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facility, who meets the screening guidelines prescribed by |
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department [board] rule, present to the governing body a |
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certificate signed by a physician or an advanced practice |
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registered nurse that states that: |
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(1) the employee or volunteer has been tested for |
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tuberculosis infection in accordance with department [board] |
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rules; and |
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(2) the results of the test indicate that the person |
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does not have tuberculosis. |
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(b) In lieu of a screening test, an employee or volunteer |
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with a history of a positive screening test may provide: |
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(1) documentation of that positive test result and of |
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any diagnostic and therapeutic follow-up; and |
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(2) a certificate signed by a physician or an advanced |
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practice registered nurse that states that the person does not have |
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tuberculosis. |
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(d) An employee or volunteer is exempt from the screening |
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test required by this section if: |
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(1) the screening test conflicts with the tenets of an |
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organized religion to which the individual belongs; or |
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(2) the screening test is medically contraindicated |
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based on an examination by a physician or advanced practice |
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registered nurse. |
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SECTION 7. Section 89.012(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) If the employee or volunteer has tuberculosis, the |
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governing body may not permit the person to begin or continue the |
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person's employment duties or volunteer services unless the person |
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is under treatment for the disease by a physician or an advanced |
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practice registered nurse and the person provides to the governing |
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body a certificate signed by the attending physician or nurse |
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stating that the patient is noninfectious. |
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SECTION 8. Sections 192.003(a) and (c), Health and Safety |
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Code, are amended to read as follows: |
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(a) The physician, advanced practice registered nurse, |
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midwife, or person acting as a midwife in attendance at a birth |
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shall file the birth certificate with the local registrar of the |
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registration district in which the birth occurs. |
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(c) If there is no physician, advanced practice registered |
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nurse, midwife, or person acting as a midwife in attendance at a |
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birth and if the birth does not occur in a hospital or birthing |
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center, the following in the order listed shall report the birth to |
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the local registrar: |
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(1) the father or mother of the child; or |
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(2) the owner or householder of the premises where the |
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birth occurs. |
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SECTION 9. Sections 193.005(a), (b), and (c), Health and |
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Safety Code, are amended to read as follows: |
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(a) A person required to file a death certificate or fetal |
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death certificate shall obtain the required medical certification |
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from an attending physician or advanced practice registered nurse |
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if the death occurred under medical attendance for the care and |
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treatment of the condition or disease process that contributed to |
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the death. |
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(b) The attending physician or advanced practice registered |
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nurse shall complete the medical certification not later than five |
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days after receiving the death certificate. |
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(c) An associate physician, the chief medical officer of the |
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institution where the death occurred, or the physician who |
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performed an autopsy on the decedent may complete the medical |
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certification if: |
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(1) the attending physician or advanced practice |
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registered nurse is unavailable; |
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(2) the attending physician or advanced practice |
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registered nurse approves; and |
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(3) the person completing the medical certification |
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has access to the medical history of the case and the death is due to |
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natural causes. |
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SECTION 10. Section 504.201(d), Transportation Code, is |
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amended to read as follows: |
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(d) Except as provided by Subsection (d-1), the initial |
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application for specialty license plates under this section must be |
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accompanied by a written statement from a physician [who is] |
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licensed to practice medicine or an advanced practice registered |
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nurse licensed to practice advanced nursing in this state or in a |
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state adjacent to this state or who is authorized by applicable law |
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to practice medicine or advanced nursing, as applicable, in a |
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hospital or other health facility of the Department of Veterans |
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Affairs. If the applicant has a mobility problem caused by a |
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disorder of the foot, the written statement may be issued by a |
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person licensed to practice podiatry in this state or a state |
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adjacent to this state. In this subsection, "podiatry" has the |
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meaning assigned by Section 681.001. The statement must certify |
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that the person making the application or on whose behalf the |
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application is made is legally blind or has a mobility problem that |
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substantially impairs the person's ability to ambulate. The |
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statement must also certify whether a mobility problem is temporary |
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or permanent. A written statement is not required as acceptable |
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medical proof if: |
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(1) the person with a disability: |
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(A) has had a limb, hand, or foot amputated; or |
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(B) must use a wheelchair; and |
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(2) the applicant executes a statement attesting to |
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the person's disability before the county assessor-collector. |
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SECTION 11. Section 681.003(c), Transportation Code, is |
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amended to read as follows: |
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(c) Subject to Subsections (e) and (f), the first |
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application must be accompanied by a notarized written statement or |
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written prescription of a physician licensed to practice medicine |
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or an advanced practice registered nurse licensed to practice |
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advanced nursing in this state or a state adjacent to this state, or |
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authorized by applicable law to practice medicine or advanced |
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nursing, as applicable, in a hospital or other health facility of |
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the United States Department of Veterans Affairs, certifying and |
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providing evidence acceptable to the department that the person |
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making the application or on whose behalf the application is made is |
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legally blind or has a mobility problem that substantially impairs |
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the person's ability to ambulate. The statement or prescription |
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must include a certification of whether the disability is temporary |
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or permanent and information acceptable to the department to |
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determine the type of disabled parking placard for which the |
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applicant is eligible. The department shall determine a person's |
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eligibility based on evidence provided by the applicant |
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establishing legal blindness or mobility impairment. |
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SECTION 12. Section 681.004(d), Transportation Code, is |
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amended to read as follows: |
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(d) A disabled parking placard issued to a person with a |
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temporary disability expires after the period set by the department |
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and may be renewed at the end of that period if the disability |
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remains as evidenced by a physician's or advanced practice |
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registered nurse's statement or prescription submitted as required |
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for a first application under Section 681.003(c). |
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SECTION 13. Section 14(b), Texas Local Fire Fighters |
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Retirement Act (Article 6243e, Vernon's Texas Civil Statutes), is |
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amended to read as follows: |
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(b) An application for disability retirement must be filed |
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with the board of trustees of the retirement system of which the |
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applicant is a member. The application must contain a sworn |
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statement of the member's medical condition, signed by a physician |
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or advanced practice registered nurse attending the member, and a |
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sworn statement of the circumstances under which the disability |
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arose, signed by the member or another person who has reason to know |
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those circumstances. The application also may contain other |
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pertinent information to enable the board to determine whether the |
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member is eligible for disability retirement. |
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SECTION 14. Section 6.06(a), Chapter 183 (S.B. 598), Acts |
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of the 64th Legislature, Regular Session, 1975 (Article 6243e.1, |
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Vernon's Texas Civil Statutes), is amended to read as follows: |
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(a) An application for disability retirement must be |
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accompanied by a written statement, on a form approved by the board |
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of trustees, signed by a physician or advanced practice registered |
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nurse of the member's choice. The member shall pay any costs of or |
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fees for obtaining the physician's or nurse's statement and shall |
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file the application and statement with the fund. As soon as |
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possible after the application is filed, the medical board shall |
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evaluate the medical and other pertinent information concerning the |
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member's application. |
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SECTION 15. Section 8(f), Chapter 451 (S.B. 737), Acts of |
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the 72nd Legislature, Regular Session, 1991 (Article 6243n, |
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Vernon's Texas Civil Statutes), is amended to read as follows: |
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(f) A member receiving a disability retirement allowance |
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shall periodically file a report with the retirement board |
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concerning continued proof of disability. The retirement board |
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shall adopt rules establishing the required supporting information |
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to accompany the reports, the content of the reports, and deadlines |
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for filing the reports. The report shall include: |
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(1) a current statement of the member's physical or |
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mental condition stating the existence of continued disability, |
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signed by the member's attending physician or advanced practice |
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registered nurse; and |
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(2) a statement of all employment activities pursued |
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in the preceding year. |
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SECTION 16. Section 7.03(a)(1), Chapter 452 (S.B. 738), |
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Acts of the 72nd Legislature, Regular Session, 1991 (Article |
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6243n-1, Vernon's Texas Civil Statutes), is amended to read as |
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follows: |
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(1) A member receiving a disability retirement benefit |
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is required to file a report to the board concerning continued proof |
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of disability one year after the date on which the board originally |
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awarded the member disability retirement. The report shall |
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include: |
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(A) a current statement of the member's physical |
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or [and/or] mental condition, signed by the member's attending |
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physician or advanced practice registered nurse; and |
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(B) a statement of all employment activities |
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pursued in the preceding one-year period and a copy of federal |
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income tax returns applicable to the one-year period. |
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SECTION 17. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2015. |