Sec. 301.002. DEFINITIONS. In this chapter:
(1) "Board" means the Texas Board of Nursing.
(1-a) "Chief nursing officer" means the registered nurse who is administratively responsible for the nursing services at a facility.
(1-b) "Patient safety committee" has the meaning assigned by Section 303.001.
(2) "Professional nursing" means the performance of an act that requires substantial specialized judgment and skill, the proper performance of which is based on knowledge and application of the principles of biological, physical, and social science as acquired by a completed course in an approved school of professional nursing. The term does not include acts of medical diagnosis or the prescription of therapeutic or corrective measures. Professional nursing involves:
(A) the observation, assessment, intervention, evaluation, rehabilitation, care and counsel, or health teachings of a person who is ill, injured, infirm, or experiencing a change in normal health processes;
(B) the maintenance of health or prevention of illness;
(C) the administration of a medication or treatment as ordered by a physician, podiatrist, or dentist;
(D) the supervision or teaching of nursing;
(E) the administration, supervision, and evaluation of nursing practices, policies, and procedures;
(F) the requesting, receiving, signing for, and distribution of prescription drug samples to patients at practices at which an advanced practice registered nurse is authorized to sign prescription drug orders as provided by Subchapter B, Chapter 157;
(G) the performance of an act delegated by a physician under Section 157.0512, 157.054, 157.058, or 157.059; and
(H) the development of the nursing care plan.
(3) "Nurse" means a person required to be licensed under this chapter to engage in professional or vocational nursing.
(4) "Nursing" means professional or vocational nursing.
(5) "Vocational nursing" means a directed scope of nursing practice, including the performance of an act that requires specialized judgment and skill, the proper performance of which is based on knowledge and application of the principles of biological, physical, and social science as acquired by a completed course in an approved school of vocational nursing. The term does not include acts of medical diagnosis or the prescription of therapeutic or corrective measures. Vocational nursing involves:
(A) collecting data and performing focused nursing assessments of the health status of an individual;
(B) participating in the planning of the nursing care needs of an individual;
(C) participating in the development and modification of the nursing care plan;
(D) participating in health teaching and counseling to promote, attain, and maintain the optimum health level of an individual;
(E) assisting in the evaluation of an individual's response to a nursing intervention and the identification of an individual's needs; and
(F) engaging in other acts that require education and training, as prescribed by board rules and policies, commensurate with the nurse's experience, continuing education, and demonstrated competency.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 112, Sec. 4, eff. May 11, 2001; Acts 2003, 78th Leg., ch. 553, Sec. 1.002, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 113 (S.B. 1000), Sec. 3, eff. May 20, 2005.
Acts 2007, 80th Leg., R.S., Ch. 803 (S.B. 993), Sec. 1, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 889 (H.B. 2426), Sec. 1, eff. September 1, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 418 (S.B. 406), Sec. 15, eff. November 1, 2013.
Notes of Decisions
Cited in
34
cases (
2 in the last 5 years), 2001–2023 · leading case:
Simonson v. Keppard, 225 S.W.3d 868 (Tex. App. 2007).
Simonson v. Keppard, 225 S.W.3d 868 (Tex. App. 2007).
· cites it 10× “" TEX. OCC.CODE ANN. § 301.002(2), (4)-(5) (Vernon Supp.”
Ogletree v. Matthews, 262 S.W.3d 316 (Tex. 2007).
· cites it 2× “401(a)(1), something nurses may not do, TEX. OCC.CODE § 301.002(2). The hospital did not object to the reports within the statutory twenty-one day period, but moved to dismiss nonetheless.”
Gregory v. State, 56 S.W.3d 164 (Tex. App. 2001).
· cites it 2× “1999) ( see annotations); see Tex. Occ.Code Ann. § 301.002(2) (Vernon Pamph.”
Costello v. Christus Santa Rosa Health Care Corp., 141 S.W.3d 245 (Tex. App. 2004).
· cites it 2× “” See Tex. Occ.Code Ann. § 301.002. Taber's Cyclopedia Medical Dictionary defines "diagnosis" as the use of scientific or clinical methods to establish the cause and nature of a person's illness; it defines “medical diagnosis” as the identification of the cause of the patient’s…”
Esquivel v. El Paso Healthcare Sys., Ltd., 225 S.W.3d 83 (Tex. App. 2005).
“Tex. Occ.Code Ann. § 301.002(2)(Vernon 2004) (defining “professional nursing” to include the observation, assessment, intervention, evaluation, rehabilitation, care and counsel, or health teachings of a person who is ill, injured, infirm, or experiencing a change in normal…”
In re M.M.L., 241 S.W.3d 546 (Tex. App. 2006).
· cites it 3× “Appellant posits that, inasmuch as the testimony was offered pursuant to the hearsay exception contained in Texas Rule of Evidence 803(4), statements made for purposes of medical diagnosis and treatment, and because the witness had acknowledged that she was not qualified to make…”
In Re Mml, 241 S.W.3d 546 (Tex. App. 2006).
· cites it 3× “Appellant posits that, inasmuch as the testimony was offered pursuant to the hearsay exception contained in Texas Rule of Evidence 803(4), statements made for purposes of medical diagnosis and treatment, and because the witness had acknowledged that she was not qualified to make…”
David Medina v. State of Texas (Tex. App. 2002).
· cites it 3× “Appellant posits that, inasmuch as the testimony was offered pursuant to the hearsay exception contained in Texas Rule of Evidence 803(4), statements made for purposes of medical diagnosis and treatment, and because the witness had acknowledged that she was not qualified to make…”
— Tex. Occ. Code § 301.002(2) — 15 cases
Simonson v. Keppard, 225 S.W.3d 868 (Tex. App. 2007).
“" TEX. OCC.CODE ANN. § 301.002(2), (4)-(5) (Vernon Supp.”
Ogletree v. Matthews, 262 S.W.3d 316 (Tex. 2007).
“401(a)(1), something nurses may not do, TEX. OCC.CODE § 301.002(2). The hospital did not object to the reports within the statutory twenty-one day period, but moved to dismiss nonetheless.”
Gregory v. State, 56 S.W.3d 164 (Tex. App. 2001).
“1999) ( see annotations); see Tex. Occ.Code Ann. § 301.002(2) (Vernon Pamph.”
Costello v. Christus Santa Rosa Health Care Corp., 141 S.W.3d 245 (Tex. App. 2004).
“” See Tex. Occ.Code Ann. § 301.002. Taber's Cyclopedia Medical Dictionary defines "diagnosis" as the use of scientific or clinical methods to establish the cause and nature of a person's illness; it defines “medical diagnosis” as the identification of the cause of the patient’s…”
— Tex. Occ. Code § 301.002(2)(A) — 2 cases
Simonson v. Keppard, 225 S.W.3d 868 (Tex. App. 2007).
“" TEX. OCC.CODE ANN. § 301.002(2), (4)-(5) (Vernon Supp.”
— Tex. Occ. Code § 301.002(2)(C) — 1 case
Simonson v. Keppard, 225 S.W.3d 868 (Tex. App. 2007).
“" TEX. OCC.CODE ANN. § 301.002(2), (4)-(5) (Vernon Supp.”
— Tex. Occ. Code § 301.002(5) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.