ASA Opposes Proposed APRN Rules in Texas

On June 30, the American Society of Anesthesiologists (ASA) submitted comments to the Texas Board of Nursing (BON) strongly urging the BON to modify its proposed rule concerning advanced practice registered nurses (APRNs). The proposal would create a new regulatory chapter section concerning APRNS which, among other things, would align Texas APRN regulations with the National Council of State Boards of Nursing model rules. ASA’s comments expressed concern with the proposed changes and the impact they would have on both patient safety and the Anesthesia Care Team in Texas.

ASA’s comments commended the BON for its efforts to set forth minimum standards of practice for APRNs. However, the ASA noted the following concerns as the proposal would: 

• exceed statutory authority granted by the Texas Legislature
• bypass the legislature to expand non-physician scope of practice by authorizing nurses to diagnose
• bypass the legislature to expand nurse anesthetists’ scope of practice through the definitions of nurse anesthetist, monitored anesthesia care, and outpatient anesthesia setting
• ignore state law concerning conflicting language between the medical and nursing boards
• ignore state law concerning anesthesia care as the BON language delegates authority to the American Association of Nurse Anesthetists

The ASA strongly urged the BON to reconsider the language in the proposed regulation that exceeds the authority the Texas Legislature granted the BON. The Texas Society of Anesthesiologists and the Texas Medical Association also submitted comments. On July 3, 2014 the BON will hold a public hearing to receive public comments on the proposed rule.