Sec. 301.004. APPLICATION OF CHAPTER. (a) This chapter does not apply to:
(1) gratuitous nursing care of the sick that is provided by a friend;
(2) nursing care provided during a disaster under the state emergency management plan adopted under Section 418.042, Government Code, if the person providing the care does not hold the person out as a nurse unless the person is licensed in another state;
(3) nursing care in which treatment is solely by prayer or spiritual means;
(4) an act performed by a person under the delegated authority of a person licensed by the Texas Medical Board;
(5) an act performed by a person licensed by another state agency if the act is authorized by the statute under which the person is licensed except that if the person also holds a license under this chapter and the act is within the practice of nursing, the board may take action against that license based on that act;
(6) the practice of nursing that is incidental to a program of study by a student enrolled in a nursing education program approved under Section 301.157(d) leading to an initial license as a nurse; or
(7) the practice of nursing by a person licensed in another state who is in this state on a nonroutine basis for a period not to exceed 72 hours to:
(A) provide care to a patient being transported into, out of, or through this state;
(B) provide nursing consulting services; or
(C) attend or present a continuing nursing education program.
(b) This chapter does not authorize the practice of medicine as defined by Chapter 151.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.004, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 889 (H.B. 2426), Sec. 3, eff. September 1, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 1189 (S.B. 1058), Sec. 1, eff. September 1, 2013.
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