How do the NPA and Rules apply to RNs performing medical screening exams under EMTALA?
The definition of “professional nursing” in Texas Occupation Code 301.002(2) of the Nursing Practice Act (NPA) states that the practice of professional nursing “does not include acts of medical diagnosis or prescription of therapeutic or corrective measures.” This means an act must not require the RN to exercise independent medical judgment or medical diagnosis, as this is the practice of medicine, not nursing. Rule 217.11, Standards of Nursing Practice, contains the minimum standards of acceptable nursing practice. Some of the standards in Rule 217.
