This section defines “nurse first assistant” and limits who may use that title; it also bars insurers from requiring its use, allows certain nurses to assist in surgery only under listed conditions, and prevents separate billing for those services.
Sec. 301.354. NURSE FIRST ASSISTANTS; ASSISTING AT SURGERY BY OTHER NURSES. (a) In this section, "nurse first assistant" means a registered nurse who: (1) has completed a nurse first assistant educational program approved or recognized by an organization recognized by the board; and (2) is either: (A) certified in perioperative nursing by an organization recognized by the board; or (B) recognized by the board as an advanced practice nurse and qualified by education, training, or experience to perform the tasks involved in perioperative nursing. (b) Unless the person is a nurse first assistant, the person may not use: (1) the title "nurse first assistant" or "registered nurse first assistant"; (2) the abbreviation "R.N.F.A."; or (3) any other title or abbreviation that implies to the public that the person is qualified as a nurse first assistant under this section. (c) A health maintenance organization or an insurer, including an insurer offering a preferred provider benefit plan, may not, by contract or any other method, require a physician to use the services of a nurse first assistant. (d) A nurse who is not a nurse first assistant may assist a physician, podiatrist, or dentist in the performance of surgery if the nurse: (1) assists under the direct personal supervision and in the physical presence of the physician, podiatrist, or dentist; (2) is in the same sterile field as the physician, podiatrist, or dentist; (3) is employed by: (A) the physician, podiatrist, or dentist; (B) a group to which the physician, podiatrist, or dentist belongs; or (C) a hospital licensed or owned by the state; and (4) is qualified by education, training, or experience to perform the tasks assigned to the nurse. (e) A patient or third-party insurer may not be billed separately for the services performed by a nurse described by Subsection (d). Added by Acts 2005, 79th Leg., Ch. 966 (H.B. 1718), Sec. 1, eff. September 1, 2005. Renumbered from Occupations Code, Section 301.353 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 17.001(57), eff. September 1, 2007.