(a) Definition. For the purposes of this section, the term "health care professional" includes:
  (1) a physician;
  (2) an advanced practice registered nurse;
  (3) a physician assistant;
  (4) a registered nurse;
  (5) a licensed vocational nurse; or
  (6) a licensed mental health practitioner.
(b) Licensed health care professionals.
  (1) A licensed abortion facility shall ensure that its licensed health care professionals practice within the scope of their practice and within the constraints of applicable state laws and regulations governing their practice and follow the facility's written policies and procedures.
  (2) A licensed abortion facility may allow physicians to train nonlicensed personnel, age 18 years or above, to extract blood for laboratory testing and to administer intravenous fluids.
(c) Student health care professionals. If the facility has a contract or agreement with an accredited school of health care to use their facility for a portion of the students' clinical experience, those students may provide care under the following conditions.
  (1) Students may be used in facilities, provided the instructor gives class supervision and assumes responsibility for all student activities occurring within the facility. If the student is licensed, such as a licensed vocational nurse attending a registered nurse program for licensure as a registered nurse, the facility shall ensure that the administration of any medication(s) is within the student's licensed scope of practice.
  (2) All instruction shall be provided by the school's instructor or his or her designee.
  (3) A student may administer medications only if:
    (A) on assignment as a student of their school of health care; and
    (B) the instructor is on the premises and directly supervises the administration of medication by an unlicensed student, and the administration of such medication is within the instructor's licensed scope of practice.
  (4) Students shall not be used to fulfill the requirement for administration of medications by licensed personnel.
  (5) Students shall not be considered when determining staffing needs required by the facility.

Source Note: The provisions of this §139.54 adopted to be effective June 28, 2009, 34 TexReg 4125