Page 1 Updated 2/21/2017 STATUS OF BILLS IMPLEMENTING OR DIRECTLY RELATED TO 2017 NURSING LEGISLATIVE AGENDA Blue Purple Orange Tan Gold Yellow denotes legislative initiatives of TNA or NLAC denotes bills by others that nursing supports denotes bills opposed denotes are questions about bill that need to be resolved before position taken denotes action in past week denotes upcoming action Large Bold Font denotes a bill that has been added since the last report. Abbreviations: See End of Table for Explanations of Abbreviations Bill Version: cs –Committee Substitute; ca - Committee Amendment; a – Amendment; Committee Actions: Hearing set; Action pend; Ref Subcom; Voted fav; Rept’d fav; Recm’d Loc Floor Action: Set Reg Cal; Set Loc Cal; Set Intent Cal; Passed Reg; Passed Loc; Pulled Loc Conference Committee: None; Hse Appt; Sen Appt; Pending; Rpt Filed; Adopted Governor Action: Sent to Gov, Signed; Fil wo sgn; Vetoed Bill No. & Author Description 1st Chamber Committee Action A. WORKPLACE 1. Reducing Violence Against Nurses HB 261 Howard Makes crimes against a person the actor knows is an employee of an abortion or family planning facility a felony. 2/21 Refer’d State Affairs HB 280 Howard Creates a grant program to fund innovative 2/13 approaches to reducing instances of workplace Refer’d violence. Pub. Health 2. Disclosing Identity of Nurses Reporting Physicians to TMB 1 Floor Action 2nd Chamber Committee Action Floor Action Concur or Conference Governor Action Page 2 Updated 2/21/2017 Bill No. & Author HB 537 Zedler Description 1st Chamber Committee Action Requires the Texas Medical Board to provide 2/16 physicians with the specific allegations made in Refer’d a complaint against him or her. Pub. Health 3. Handguns in Healthcare Facilities HB 14 Murr Allows state hospitals to prohibit license holders from carrying a handgun by providing written notice. Also provides a civil penalty for first time ($100) and repeat ($500) offenders. HB 392 Howard Adds mental health facilities and nursing facilities to the list of areas where handguns are prohibited. HB 1153 Davis 2/16 Refer’d Hom. Sec. Prohibits carrying handguns in state hospitals and state-supported living centers. SB 220 Menendez Adds community centers, local mental health authorities, and mental health facilities and hospitals to the list of areas where handguns are prohibited. 1/25 Refer’d State Affairs SB 577 Nichols Prohibits handguns in ten state hospitals; allows handguns in those hospitals if hospital administration provides written authorization. 2/8 Refer’d State Affairs B. SCHOOL NURSES & SCHOOL HEALTH 1. Notification if No Nurse Assigned to Child’s School SB 196 Garcia Requires schools to notify parents if no school nurse, librarian, or counselor is on staff. 1/25 Refer’d Education 2 Floor Action 2nd Chamber Committee Action Floor Action Concur or Conference Governor Action Page 3 Updated 2/21/2017 Bill No. & Author Description SB 673 Miles Requires public schools, including openenrollment charter schools, to provide written notice to parents if they do not have a nurse on campus for more than 30 consecutive instructional days. HB 1847 Coleman Companion: HB 673 1st Chamber Committee Action 2/15 Refer’d Education 2. Behavioral Health HB 353 Bernal Requires school districts to assign a behavioral health professional to campuses in economically disadvantaged areas. 2/16 Refer’d Pub. Ed. 3. Spinal Screenings HB 1044 Blanco Requires spinal screening in grades 5 and 7 for females and grade 8 for males, rather than grades 6 and 9 for all students. HB 1076 Oliverson Requires spinal screenings based on the most recent nationally accepted scientific research, rather than in grades 6 and 9. SB 850 Huffines Requires spinal screenings based on the most recent nationally accepted scientific research, rather than in grades 6 and 9. Also requires notifying the parent of the requirement and the method for declining to comply. 4. Other SB 609 Huffines Prohibits continuing contracts for school employees, including nurses. A continuing contract is Texas’ form of tenure. 2/13 Refer’d Education 3 Floor Action 2nd Chamber Committee Action Floor Action Concur or Conference Governor Action Page 4 Updated 2/21/2017 Bill No. & Author Description SB 579 Taylor Applies public school EpiPen regulations to private schools. HB 1583 Cortez Companion: SB 579 1st Chamber Committee Action 2/8 Refer’d Education C. APRN Practice 1. Practice Authority HB 1415 Klick Removes the Prescriptive Authority Agreement requirement, does not expand schedule II authority, and does not remove the carveouts for CRNAs and CNMs. SB 681 Hancock Companion: HB 1415 SB 831 Rodriguez Allows APRNs who acted as APRNs during combat to prescribe without a Prescriptive Authority Agreement. HB 1804 Blanco Companion: SB 831 SB 919 Rodriguez Allows APRNs to sign DNR orders and sign and file death certificates. 2/15 Refer’d H&HS 2. Billing HB 307 Burrows Requires practitioners to provide a price disclosure or estimate, including the amount paid for by an insurer, to patients prior to the provision of services. 4 Floor Action 2nd Chamber Committee Action Floor Action Concur or Conference Governor Action Page 5 Updated 2/21/2017 Bill No. & Author Description 1st Chamber HB 1225 Smithee Allows insurance providers to include APRNs in network regardless of whether their supervising physician is in network. SB 654 Seliger Companion: HB 1225 2/14 Refer’d Bus. & Com. SB 433 Rodriguez Authorizes pharmacies to fill discharge prescriptions for Schedule II substances written by APRNs and Physician Assistants. 2/6 Refer’d H&HS HB 1846 Coleman Companion: SB 433 SB 584 West Requires TMB to adopt guidelines to address prescribing opioid antagonists with opiods by identifying patients at risk of an overdose. Committee Action 3. Prescribing 2/8 Refer’d H&HS 4. Signing Forms and Documentation SB 431 Rodriguez Omnibus bill covering signing of multiple types of forms by APRNs. 2/6 Refer’d H&HS D. NURSING EDUCATION 1. Community Colleges Offering BSN HB 1212 Phillips Authorizes THECB to identify 3-5 new applied science programs that community colleges may offer; authorizes a nursing program in a district with boundaries located in two counties adjacent to the Red River. 5 Floor Action 2nd Chamber Committee Action Floor Action Concur or Conference Governor Action Page 6 Updated 2/21/2017 Bill No. & Author Description 1st Chamber SB 352 Watson Authorizes community colleges to offer a baccalaureate in the field of nursing without providing any increased funding. HB 1580 Howard Companion: SB 352 HB 1602 Keough Authorizes community colleges to offer BSNs in counties with a population of more than 3 million or a community college with a student population of at least 75,000 that is contiguous to such a county. HB 1628 Perez Creates a pilot program that would include BSNs in community colleges to be offered in colleges with a main campus in a county with a population of more than 3.3 million. SB 367 Garcia Authorizes community colleges to offer a baccalaureate in the field of nursing with funding slowly phased in over time. 2/1 Refer’d Higher Ed. SB 644 Watson Authorizes community colleges to offer a baccalaureate in early childhood education and nursing without increased funding. 2/13 Refer’d Higher Ed. SB 645 Watson Authorizes nursing BSNs in junior colleges in municipalities with a population of 750,000 within a county of less than 1.5 million. 2/13 Refer’d Higher Ed. HB 1828 Howard Companion: SB 645 Committee Action 2/1 Refer’d Higher Ed. E. BOARD OF NURSING 6 Floor Action 2nd Chamber Committee Action Floor Action Concur or Conference Governor Action Page 7 Updated 2/21/2017 Bill No. & Author HB 1055 Burkett SB 121 Huffines Description 1st Chamber Prohibits agencies from increasing fees for licensure to an amount greater than the amount of that fee on January 1, 2017. 2/21 Refer’d L.A.P. Requires the BON to broadcast open meetings over the internet. 1/25 Refer’d Bus & Com Committee Action F. OTHER HEALTH PROVIDERS 1. Dental Hygienist SB 430 Rodriguez Allows dentists to delegate the administration of anesthetics and sedatives to dental hygienists. HB 1201 Thompson Companion: SB 430 HB 593 Burrows Allows psychologists to prescribe with written delegated authority. Also allows nurses to administer prescriptions of any practitioner legally authorized to prescribe the medication. 2/6 Refer’d H&HS 2/16 Refer’d Pub. Health G. HEALTH POLICY 1. Immunizations HB 97 Davis Allows children to consent to immunizations for cancer prevention and treatment. 7 Floor Action 2nd Chamber Committee Action Floor Action Concur or Conference Governor Action Page 8 Updated 2/21/2017 Bill No. & Author Description 1st Chamber HB 107 Davis Requires DSHS to provide a yearly report on immunization rates for HPV to the Governor, Lt. Governor, and Speaker. 2/13 Refer’d Pub. Health HB 120 Davis Changes code references of “religious” exceptions to immunization requirements to “non-medical” exceptions. 2/13 Refer’d Pub. Health HB 126 Davis Requires persons who opt out of immunization 2/13 to complete an educational module based on Refer’d scientific data. Pub. Health HB 241 Howard Requires persons who opt out of immunizations to undergo counseling based on that decision. HB 243 Howard Converts ImmTrac from an “opt-in” to an “opt- 2/13 out” immunization registry. Refer’d Pub. Health HB 1029 Zedler Requires providers to seek informed consent from a person authorized to grant it for a child, rather than requiring the person to ensure consent was given. Also requires providers to give information regarding risks and benefits of immunization. HB 1070 Leach Prohibits providers from refusing patients based on immunization status. Doing so makes the provider ineligible for medical assistance programs. HB 1124 Krause Eliminates formal requirements of immunization exemption form for public school students and makes the form available online. SB 479 Burton Requires providers, when immunizing children, to convey the benefits and risks of immunizations, including those required by federal law. Committee Action 2/13 Refer’d Pub. Health 2/6 Refer’d H&HS 2. Texting While Driving 8 Floor Action 2nd Chamber Committee Action Floor Action Concur or Conference Governor Action Page 9 Updated 2/21/2017 Bill No. & Author Description 1st Chamber HB 62 Craddick Prohibits texting while driving. 2/13 Refer’d Transp. HB 160 Lucio, III Companion: HB 62 2/14 Refer’d Transp. SB 31 Zaffirini Companion: HB 62 1/24 Refer’d State Affairs HB 512 Davis Expands the types of areas that must post signs indicating that using a wireless device while driving is prohibited. 2/16 Refer’d Transp. HB 520 Turner Prohibits texting while driving without 2/16 preempting any local ordinances that are more Refer’d stringent than state law. Transp. HB 1748 VanDeaver Prohibits use of a cell phone, unless it’s used with a hands-free system or used for an emergency. Committee Action 3. Car Seats HB 519 Turner SB 278 Zaffirini Creates an offense for not putting a child under two years old in a rear-facing car seat. Companion: HB 519 2/16 Refer’d Transp. 1/30 Refer’d Tranps. 4. Tobacco Use and Sales SB 183 Uresti Increases the age required to purchase tobacco products from 18 to 21 years old. 1/25 Refer’d H&HS 9 Floor Action 2nd Chamber Committee Action Floor Action Concur or Conference Governor Action Page 10 Updated 2/21/2017 Bill No. & Author Description 1st Chamber SB 228 Uresti Allows municipalities to increase the age required to purchase tobacco products up to 21 years old. SB 489 Lucio Requires local health advisory councils to make 2/6 recommendations to public schools on Refer’d preventing the use of e-cigarettes. Education HB 1908 Zerwas Raises the purchase age of tobacco products to 21 and the age required to present ID to 30 SB 910 Huffman Companion: HB 1908 Committee Action Floor Action 2nd Chamber Committee Action Floor Action 1/30 Refer’d H&HS 5. Women’s’ Health HB 940 Howard Requires public and private insurers who cover prescription contraceptives to allow enrollees to obtain an entire 12-month supply at once. HB 1161 Davis Companion: HB 940 HB 941 Howard Creates a pilot program in six school districts to provide long-acting, reversible contraceptives to students. # Bills Which Have Reached This Stage In Process ABBREVIATIONS KEY Committee Actions: Hearing set Action pend Ref Subcom Voted fav Rept’d Reg Rept’d Loc Committee hearing set Committee left bill pending without taking action. Committee can take action at anytime without additional notice Committee chair referred bill to subcommittee. Committee reports a recommended action back to full committee. Committee voted favorably on bill Committee paper work completed and bill officially reported out of committee and is eligible to be set on Regular Calendar. Committee paper work completed and bill officially reported out of committee with recommendation that be set on Local and Uncontested Calendar. 10 Concur or Conference Governor Action Page 11 Updated 2/21/2017 Floor Action: Set Reg Cal Set Loc Cal Wdrwn Loc Cal Set Intent Cal Passed Reg Passed Loc Bill set on Regular Calendar for floor debate, amendments and vote. In House, Calendars Committee has to set the bill. In Senate, members request. Bill set on Local & Uncontested Calendar. Special House/Senate committee sets this calendar. Bills “knocked off” if a very few members object. Bill was withdrawn or “knocked off” Local Calendar because of opposition. Senate bill author/sponsor has give notice that intends to ask to be recognized by Lt Gov to lay out bill for debate and vote. Bill passed on the Regular Calendar Bill passed on the Local and Uncontested Calendar Conference Committee: None Hse Appt Sen Appt Pending Rpt Filed Adopted Were no amendments made in 2nd chamber or 1st chamber concurred in changes made by 2nd chamber House appointed House members for conference committees Senate appointed House members for conference committees Conference committee has been appointed but has not completed its work in reconciling differences in bill as passed by the two chambers Conference committee has completed work and filed its report recommending language for final bill Conference committee reported adopted by both chambers Governor Action: On Desk Signed Fil wo sgn Vetoed Bill has been passed by both chambers and sent to Governor for signature Governor actually signed bill Governor neither signs nor veto bills and bill becomes law. Governor veto bills. If Legislature still in session, Legislature has authority to override veto. If not in session, bill is dead. 11
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