Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
Section 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).Renumbered from Occupations Code, Section 301.353 by Acts 2007, 80th Leg., R.S., Ch. 921, Sec. 17.001(57), eff. 9/1/2007.Added by Acts 2005, 79th Leg., Ch. 966, Sec. 1, eff. 9/1/2005.