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Texas Legislative Update

April 2023

TCEP Important Bills

We are now at the point in the session where things are starting to move very quickly through the process- here is a snapshot of where some priority TCEP legislation currently stands. With less than 40 days left and upcoming bill deadlines approaching, we will have a better idea of where things are in the next couple of weeks.

1. Workplace Violence (SB 240) - Sen. Donna Campbell

  • The purpose of the bill is to address workplace violence against healthcare personnel in certain health facilities by requiring hospitals to create a violence prevention plan and policy that would assist employees in procedures reporting any violence against them.
  • Was voted out of the House by vote of 122-26 on 04/18/23 and now heads to the Governor's desk
  • HB 112 by Howard (Identical) - the Senate bill was considered in lieu of this one
  • Relating to workplace violence prevention in certain health facilities

2. Scope of Practice (HB 4404) - Rep. Ryan Guillen

  • Relating to the Advanced Practice Registered Nurse Compact —would enable APRN's in Texas to hold a single license that permits them to practice both in person and through telehealth in Texas and other compact states
  • This bill attempts to supplant existing Texas law and expand APRN in scope of practice
  • Heard in the House Committee on Public Health on 04/17/23; left pending in committee
  • Dr. Tran testified against the bill on behalf of the TMA – she cited a study out of Stanford that was written for the VA showing independent practice nurse practitioners cost the VA system $74 million a year extra due to a lack of skill
  • Other scope bills that aim to remove physician oversight of the health care team and allow advanced practice registered nurses (APRNs) to practice independently:
  • HB 4071 by Rep. Stephanie Klick
    1. Relating to the licensing and regulation of advanced practice registered nurses.
    2. Referred to House Committee on Public Health - has not been scheduled for a hearing
  • SB 1700 by Sen. Cesar Blanco
    1. Relating to the licensing and authority of advanced practice registered nurses.
    2. A refile of Klick’s APRN bill from last session
    3. Referred to the Senate Committee on Health and Human Services- has not been scheduled for a hearing

3. Emergency Detention (HB 3504) - Rep. Jeff Leach

  • Relating to an application for emergency detention and procedures regarding court-ordered mental health services
  • Parkland Hospital’s bill
  • Considered in the House Committee on Judiciary and Civil Jurisprudence on 03/29/2023
  • Committee substitute was voted out of committee on 04/03/23 with 8 Ayes, 0 Nays
  • Bill was considered on the House Floor Tuesday, April 24th and passed to engrossment as amended
  • SB 1815 by Johnson (Identical) - this bill has not progressed in the Senate

4. Continued Education for Sexual Assault Survivors (HB 2651) - Rep. Donna Howard

  • Relating to required training and continuing education requirements for persons who provide medical care or other support to survivors of sexual assault
  • The bill, is the result of the SASTF (Sexual Assault Survivors' Task Force). The SASTF is a one-of-a-kind group established in 2019 intending to establish a survivor-centered, trauma-informed, collaborative and coordinated response to sexual violence experienced by adults and children. The initiative is led by the Office of the Governor, children's advocacy groups, and the Texas Association Against Sexual Assault. Among the participants are survivors, HHSC, the Office of Attorney General, Association of Forensic Nurses, and ER physicians. Last session all 11 policy recommendations were approved by the Legislature. The bill builds on this legacy by ensuring that emergency room providers are trained in rape survivor medical rights and trauma-informed care
  • TCEP is currently working with the TMA and the other bill stakeholders to get the physician education requirement taken out of the bill – a floor amendment is forthcoming
  • Heard in the House Committee on Public Health on 04/03/23 and was voted out of committee on 04/17/23 with 10 Ayes, 1 Nay
  • Bill has not been sent to the House Committee on Calendars yet

5. Prudent Layperson (HB 1236) - Rep. Tom Oliverson

  • Relating to the definition of and certain determinations regarding emergency care for purposes of certain health benefit plan coverage
  • Dr. Oliverson testified that HB 1236 will help consumers get the healthcare they need and clarifies the pru-delay standard for emergency care
  • Bill was heard in the House Committee on Insurance on 03/21/23 and a committee substitute voted out of committee on 03/30/23 with 9 Ayes, 0 Nays
  • Dr. Jeffrey testified in support of this bill on behalf of TCEP
  • TAHP - Blake Hudson testified against the bill and stated that they do not want this bill to get in the way of preventing fraud. He stated that this bill could create unintended consequences in addressing the issue of fraud in bill coding at free-standing hospitals, but not regular emergency hospital room
  • Bill was sent to the House Committee on Calendars on 04/18/23
  • SB 1139 by Schwertner (Identical) - this bill has not advanced in the senate