TABLE 1: General Differences in Prescriptive Authority Law before and after Implementing SB 406



Similar documents
Prescriptive Authority Frequently Asked Questions Mandated by Senate Bill 406

Advanced Practice Registered Nurses in Texas

Community Center Readiness Guide Additional Resource #17 Protocol for Physician Assistants and Advanced Practice Nurses

Texas Board of Nursing 333 Guadalupe Street, Suite 3-460, Austin, TX Web Site:

TEXAS ~ STATUTE Continued

COLORADO MEDICAL BOARD RULES AND REGULATIONS FOR LICENSURE OF AND PRACTICE BY PHYSICIAN ASSISTANTS

APPENDIX E. Summary of the Texas Physician Assistant Licensing Act. University of Texas Southwestern Medical Center June 2001

COLORADO MEDICAL BOARD RULES AND REGULATIONS FOR LICENSURE OF AND PRACTICE BY PHYSICIAN ASSISTANTS (PAs) INTRODUCTION

Texas State Government Effectiveness and Efficiency APRN Prescriptive Authority & Recommendations

ALABAMA BOARD OF NURSING ADMINISTRATIVE CODE CHAPTER 610-X-5 ADVANCED PRACTICE NURSING COLLABORATIVE PRACTICE TABLE OF CONTENTS

OUTLINE 9/28/15. Common Certification Exam Questions. What New NPs Need to Know: Beginning Your NP Practice in Texas

Advanced Practice Registered Nurse Legislation

Defining Scope of Practice for Nurse Practitioners: A Regulatory Perspective

ARIZONA STATE SENATE Fifty-Second Legislature, Second Regular Session

ALABAMA BOARD OF MEDICAL EXAMINERS ADMINISTRATIVE CODE CHAPTER 540-X-8 ADVANCED PRACTICE NURSES: COLLABORATIVE PRACTICE TABLE OF CONTENTS

Health and Human Services Commission Council. SUBJECT: Item 5.a. Payment to Advanced Practice Registered Nurses and Physician Assistants

OKLAHOMA BOARD OF NURSING ( Board ) 2915 North Classen Blvd., Suite 524 Oklahoma City, OK (405) FREQUENTLY ASKED PRACTICE QUESTIONS

ADVANCED PRACTICE REGISTERED NURSE (APRN) FAQS

OSBN General Jurisdiction

In the Hospital Setting

Prepared By: The Professional Staff of the Committee on Health Policy REVISED:

Frequently Asked Questions regarding Nurse Practitioners and Protocol Agreements

Advanced Practice Nurses Authority to Diagnose and Prescribe

Joint Committee Appointment, terms of office, office of chairperson, and meetings

Nursing Scope of Practice

Delegation of Duties by a Physician to a Non-Physician

Title 30: Professions and Occupations. Part 2630 Collaboration. Part 2630 Chapter 1: Collaboration with Nurse Practitioners

244 CMR: BOARD OF REGISTRATION IN NURSING

CHAPTER FOUR ADVANCED PRACTICE NURSING

Physician Assistants: Collaboration/Supervision, Ratios, Prescribing. Physician Meeting Required

Departmental Policy. Nurse Credentialing and the Nurse Credentialing Committee

Collaborative Practice Agreement for Nurse Practitioner Management of Patients in the Specialty of Pediatric Critical Care

Nursing Protocols - Scope of Practice

MIDWIFERY JOINT COMMITTEE STATE OF NORTH CAROLINA

COLORADO MEDICAL BOARD RULES AND REGULATIONS REGARDING THE PHYSICIAN S ROLE IN PRESCRIPTIVE AUTHORITY FOR ADVANCED PRACTICE NURSES

HOUSE OF REPRESENTATIVES STAFF ANALYSIS

263 CMR: BOARD OF REGISTRATION OF PHYSICIAN ASSISTANTS 263 CMR 5.00: SCOPE OF PRACTICE AND EMPLOYMENT OF PHYSICIAN ASSISTANTS

Guidelines for State Regulation of Physician Assistants (Adopted 1988, amended 1993, 1998, 2001, 2005, 2006, 2009, and 2011)

INS AND OUTS OF MID-LEVEL PROVIDER BILLING

RULES OF THE ALABAMA BOARD OF MEDICAL EXAMINERS CHAPTER 540-X-15 TELEHEALTH. Table of Contents

SECTION APPROVAL AND PRACTICE PARAMETERS FOR NURSE PRACTITIONERS

WEST VIRGINIA ~ STATUTE

GEORGIA ~ STATUTE. Georgia Code Annotated (DEA registration); et seq; et seq (medical board provisions; PA committee)

Allied Health Care Provider: Appointment and Re-appointment

MASSACHUSETTS GENERAL HOSPITAL Department of Nursing

Legal Regulation of Nursing Practice in Ohio

Legal Regulation of Nursing Practice in Ohio

Medical Board 1500 S.W. 1st Ave., Suite 620 Portland, OR Voice (971) FAX (971) Web:

FREQUENTLY ASKED QUESTIONS REGARDING NURSE PRACTITIONER PRACTICE. Practice Questions

Part 2630 Chapter 1: Collaboration/Consultation with Nurse Practitioners

[Provider or Facility Name]

STATE OF CONNECTICUT REGULATION of State Department of Education Name of Agency

NEW JERSEY ADVANCED PRACTICE NURSES

EFFECTIVE NEBRASKA HEALTH AND HUMAN SERVICES 172 NAC 100 7/21/04 REGULATION AND LICENSURE PROFESSIONAL AND OCCUPATIONAL LICENSURE TABLE OF CONTENTS

Ohio Organization of Practical Nurse Educators. May 2014

Sample audit on Pain Management Clinic Certification and Regulation Requirements at Texas Medical Board

FERNDALE AREA SCHOOL DISTRICT

HANDBOOK FOR ADVANCED PRACTICE NURSES

VIRGINIA DEPARTMENT OF HEALTH PROFESSIONS

1) ELIGIBLE DISCIPLINES

ADMINISTRATION OF PRESCRIPTION MEDICATIONS IN SCHOOLS OBJECTIVES. Purpose of Regulations 105 CMR Diane M. Gorak, RN, MEd

TELEMEDICINE, TELEHEALTH, AND HOME TELEMONITORING TEXAS MEDICAID SERVICES. Biennial Report to the Texas Legislature

INSTRUCTIONS for PRESCRIPTIVE AUTHORITY RECOGNITION for the ADVANCED PRACTICE REGISTERED NURSE

ACTION ITEM COMPLETED TAB 44

Nursing Workforce Analysis - The Basics

RULES OFTHE ALABAMA BOARD OF MEDICAL EXAMINERS CHAPTER 540-X-15 TELEHEALTH. Table of Contents

Provider restrictions apply please see Behavioral Health Policy.

AIP / MICA Medical Professional Liability Risk Management Discount Program Demonstration of Risk Management Activities

EPCS FREQUENTLY ASKED QUESTIONS FOR ELECTRONIC PRESCRIBING OF CONTROLLED SUBSTANCES. Revised: January 2016

BILLING AND CODING ISSUES FOR PHYSICIAN, NP, PA, CNS

Federal Regulations For Prescribing Scheduled Controlled Substances

ROCHESTER AREA SCHOOL DISTRICT

Ohio Legislative Service Commission

DEPARTMENT OF REGULATORY AGENCIES. Division of Registrations

Please see Section IX. for Additional Information:

Vermont State Board of Nursing. APRN/RN/LPN Scope of Practice Position Statement and Decision Tree

S.B. NO.2b72 JAN

Agency # REGULATION 9 PHARMACEUTICAL CARE/PATIENT COUNSELING

Texas Board of Nursing Update

Regulations for Safe Nursing Care

CHAPTER NINE GLUCAGON ADMINISTRATION

Compare the Educational Requirements of Family Physicians and Advanced Practice Registered Nurses

ARTICLE PHYSICIAN ASSISTANTS AND TECHNICIANS CHAPTER PHYSICIAN ASSISTANTS

ADMINISTRATION OF MEDICATION

Delegation of Services Agreements Change in Regulations

LICENSED VOCATIONAL NURSE ON- CALL PILOT PROGRAM

COLORADO REVISED STATUTES

The Evolving Role of the Midlevel Providers

SAMPLE WRITTEN SUPERVISION AGREEMENT

Sec PARTICIPATION AND REIMBURSEMENT OF TELEMEDICINE MEDICAL SERVICE PROVIDERS UNDER MEDICAID. (a) The commission by rule shall develop and

Liability of Supervising Physicians

105 CMR: DEPARTMENT OF PUBLIC HEALTH 105 CMR : THE ADMINISTRATION OF PRESCRIPTION MEDICATIONS IN PUBLIC AND PRIVATE SCHOOLS

DEPARTMENT OF STATE Pt. I

S 0197 S T A T E O F R H O D E I S L A N D

Texas Board of Nursing 333 Guadalupe Suite Austin, TX APRN Office:

SB 68 will not allow APRNs to provide care beyond their advanced education, training and national certification.

PRESCRIPTION MONITORING PROGRAM STATE PROFILES LOUISIANA

ALABAMA BOARD OF NURSING ADMINISTRATIVE CODE CHAPTER 610 X 9 ADVANCED PRACTICE NURSING TABLE OF CONTENTS

Learning from Other Fields: Program Accountability in Nursing Education. Christine Pintz PhD, RN, FNP-BC George Washington School of Nursing

Texas Board of Nursing 333 Guadalupe Suite Austin, TX APRN Office:

Transcription:

Comparison of Texas Prescriptive Authority Law for APRNs Before and After November 1, 2013 Lynda Woolbert, MSN, RN, CPNP-PC, FAANP SB 406 is the new prescriptive authority law governing delegation of prescriptive authority to Advanced Practice Registered Nurses (APRNs) and Physician Assistants in Texas. The law goes into effect on November 1, 2013. Before November 1, 2013, physicians who delegate prescriptive authority and APRNs who have delegated prescriptive authority must practice under the current site-based restrictions. Table 1 outlines the general differences between current law and delegated prescriptive authority as it will exist under the provisions in S.B. 406. Table 2 outlines the differences in the definitions for practice sites, and Table 3 outlines differences in physician supervision and quality assurance requirements. Table 4 notes the elements that must be included in the written documents required for delegated prescriptive authority before and after November 1 st. Abbreviations BON Texas Board of Nursing MUP Medically Underserved Population CS Controlled Substance QAI Quality Assurance and Improvement DO Doctor of Osteopathy RN Registered Nurse MD Doctor of Medicine Rx Prescriptive TMB Texas Medical Board TABLE 1: General Differences in Prescriptive Authority Law before and after Implementing SB 406 Umbrella Term Regulatory Agency for APRNs Type of Prescriptive Authority Written Required Physicians who may Delegate Rx Authority Eligibility Requirements for APRNs to Before November 1, 2013 Advanced Practice Nurse (APN) BON authorizes RNs to practice as a NP, CNS, CRNA or CNM and issues prescriptive authority numbers Delegated A physician must complete the TMB online Prescriptive Delegation Registration form before APN may carry out or sign a prescription drug order. Protocol MD or DO with an unrestricted Texas Medical License Based on meeting eligibility requirements in BON Rule 222.2, BON approves APN s Rx authority application for each APRN November 1, 2013 and After Advanced Practice Registered Nurse (APRN) BON licenses RNs to practice as a NP, CNS, CRNA or CNM and issues prescriptive authority numbers Delegated A physician must complete the TMB online Prescriptive Delegation Registration form before APRN may prescribe or order a drug or device. (Except for physicians delegating to CRNAs ordering drugs and devices necessary to deliver anesthesia and related services.) Prescriptive Authority Agreement (except in facility-based practices, or CRNAs functioning under 157.058, Medical Practice Act. See Table 4) Same Same plus statutory requirements for the APRN to be licensed in Texas in

Prescribe Limitations on Physician Delegation Type of Physician Supervision Number of APRNs/PAs to whom a physician may delegate Rx authority Number of physicians who may delegate to an APRN Categories of Drugs Permitted Required Notification TMB Waivers role and/or population for whom the APN will prescribe & issues Rx authority #. Site-Based A physician may only delegate in facility-based, medically underserved, primary, and alternate practice sites. Varies based on type of practice site (See Table 3) Varies from no limitation to 4 FTEs based on type of practice site. In a licensed hospital and site serving a MUP there is no limit on the number of APRNs, but physicians are limited to delegating at no more than 1 licensed hospital or no more than 3 sites serving MUPs. Long-term care facility Medical Directors are limited to delegating at no more than two facilities. No limitation Dangerous Drugs and up to 90-day supply of Schedule III, IV and V Controlled Substances (CS). Consultation with physician required before prescribing a CS for a child under 2 yrs. & before refilling any CS prescription. None Delegating physicians may request that the TMB waive most site-based and supervisory restrictions good standing. No Site-Based restrictions on a physician s authority to delegate Same for all physicians Limited to 7 FTEs except no limit in licensed hospitals and practices serving a medically underserved population (See definition in Table 2). Same limitations on the number of licensed hospitals, long-term care facilities, and practices serving MUPs. However, facility-based physicians may also delegate at other practices if they conform to the Rx Authority Agreement requirements. Same Same plus physicians delegating in hospices and hospital inpatient units & ERs may also delegate Schedule II Controlled Substances. Adds nonprescription drugs as a separate category. Clarifies that medical devices include durable medical equipment. i Prior to entering an agreement, all parties must disclose any prior disciplinary action by a licensing board. If any individual is party to a Rx authority agreement and becomes the subject of an investigation by the licensing board, the individual is required to immediately notify the other parties to the agreement. Eliminated ii Rx Law 2013_L. Woolbert Page 2

TABLE 2: Differences in Practice Site Definitions Type of Site Before November 1, 2013 November 1, 2013 and After Site Serving a Medically Underserved Population Facility-Based (FB) Primary Practice Alternate Practice Includes practices located in federally or state designated medically underserved areas (MUAs) and Health Professional Shortage Areas (HPSAs), Rural Health Clinics, Federally Qualified Health Centers, public health & family planning clinics under contract with the state, and a site the Department of Health designates as serving a disproportionate number of clients eligible for publically funded health care programs. Licensed hospital where the delegating physician is the medical director, Chief of Medical Staff, Chair of the Credentialing Committee, Department Chair, or a physician who consents to the request of the Medical Director or Chief of Staff; or a long-term care facility where the physician is the Medical Director Patients with whom the physician has or will establish a physician-patient relationship, and includes any of the following: 1. practice location at which the physician spends the majority of his/her time; 2. a licensed hospital, long-term care facility or adult care center where both the physician and APRN practice; 3. a public school-based clinic; 4. the residence of an established patient; 5. any location where the physician is physically present with the APRN; or 6. if the APRN practices on site with the physician more than 50% of the time, a clinic for established patients, a voluntary charity clinic, or a voluntary clinic during a declared disaster. A practice offering services similar to those provided at the delegating physician s primary site & located within 75 miles of the physician s residence or practice. Changes the term to Practice Serving a Medically Underserved Population. Adds county, state, or federal correctional facilities. Eliminates practices in MUAs unless they were designated as a site serving a medically underserved population prior to March 1, 2013. iii Same except a hospital FB practice excludes free-standing clinics, centers & practices. Physicians delegating in those facility-owned settings delegate to no more than 7 APRN/PA FTEs. Clarifies that one or more of the following may delegate Rx authority in hospitals: Medical Director, Chief of Medical Staff, Credentialing Committee Chair, Department Chair, or physicians who consent to the request of the Medical Director or Chief of Staff. Eliminated (APRNs in these practice sites may prescribe but it is based on having a Prescriptive Authority Agreement (PAA), not on practicing in a particular site.) Eliminated (APRNs in these sites may prescribe based on having a PAA.) Rx Law 2013_L. Woolbert Page 3

TABLE 3: Differences in Physician Supervision and Quality Assurance Requirements Type of Site Before November 1, 2013 November 1, 2013 and After Physician Supervision Requirements applying to all practice sites Facility-Based Site Serving a Medically Underserved Population Primary Practice Alternate Practice Supervision must conform to what a reasonable, prudent physician would find consistent with sound medical judgment; May vary based upon the APRN s education and experience; and Must be continuous, but the physician s constant physical presence is not required. Same as above and in accordance with medical staff bylaws, policies or guidelines. Physician on-site once every 10 business days the APN or PA is on-site. Maintain a log of patients discussed during daily status reports and a summary of physician activities while on-site. Same as for all sites. If APN and physician are not in the same site as least 50% of the time, maintain a log of patients discussed during daily status reports, and a summary of physician activities while on-site. Physician on site with the APN at least 10% of the hours of operation the PA or APN is acting with Rx authority. Available through telecommunication. Physician randomly reviews 10% of charts. Maintain a log of patients discussed during daily status reports and a summary of physician activities while on-site. TMB Rules not yet proposed, but language is likely to be similar. Same as above and in accordance with medical staff bylaws, policies or guidelines. Standardizes physician supervision and quality assurance requirements in all other practices. Physician Supervision: Same as above Quality Assurance: 1) Chart review Number of charts determined by physician & APRN. 2) monthly meetings between APRN and physician to discuss patient care improvement, patient treatment, changes in patient care plans & patient referrals. 3) Frequency of meetings For APRNs who have exercised Rx authority in 5 of the last 7 years, face-to-face once a month for 1 year, then face-to-face once every 3 months with monthly meetings between by electronic means. For APRNs with less Rx experience, monthly face-to-face meetings for 3 years, then face-to-face once every 3 months with electronic monthly meetings between. 4) Location of face-to-face meetings determined by APRN & physician. Rx Law 2013_L. Woolbert Page 4

TABLE 4: Requirements for s to Delegate Prescriptive Authority Name Elements of Written Required by Statute or Rule. Retention Before November 1, 2013 Protocol, physician s orders, standing medical orders, standing delegation orders 1) Medical acts physician delegates 2) Categories of dangerous drugs and CSs the APN may or may not prescribe 4) Limitations on dosage units and refills 5) Limitations on generic substitution 6) Instructions to patient for follow-up TMB Rule required physician to retain documents forever. November 1, 2013 and After Prescriptive Authority Agreement (PAA) In a facility-based practice, may use PAA or delegation is under a physician s order, standing medical order, or standing delegation order or other order or protocol in accordance with facility medical staff bylaws & policies. 1) Name, address and all professional license numbers of parties to agreement 2) Nature of practice, practice locations, or practice settings 3) Types or categories of drugs or devices the APRN may or may not prescribe 4) General plan for consultation & referral 5) Plan to address patient emergencies 6) General process for communicating information between the APRN & physician 7) May designate alternate physicians assuming QAI & supervisory duties on a temporary basis (not mandatory) 8) Describe a prescriptive authority QAI plan, specifying methods to document plan implementation. At a minimum the QAI plan must include a chart review (number of charts determined by physician & APRN) and nature & frequency of the meetings required in statute (see Table 3). Physician and APRN must retain documentation for 2 years from the date the agreement is terminated. Review Review annually, sign and date Same i The definition of dangerous drug in Texas law includes prescription drugs that are not controlled substances and medical devices. Therefore, APRNs with prescriptive authority have always been able to prescribe medical devices. However, there was confusion regarding the authority of APRNs to order durable medical equipment. Therefore, SB 406 includes the term device and defines it to include durable medical equipment. ii The provision permitting physicians to request waivers for most site-based and supervisory requirements was repealed because most site-based requirements were repealed. iii The medically underserved designation was retained in SB 406 in order to continue not limiting the number of APRNs to whom one physician could delegate prescriptive authority in these sites. Even though the definition no longer includes practices located in MUAs, all practices that were designated as a site serving a medically underserved population prior to March 1, 2013, will continue to have no physician to APRN ratio for purposes of delegating prescriptive authority in those sites. Rx Law 2013_L. Woolbert Page 5