Texas 2009 - 81st Regular

Texas Senate Bill SB1719 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R12418 JAM-F
2	2	By: Uresti S.B. No. 1719
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the delegation of certain acts of prescriptive
8	8	authority by a physician.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 157.0511(b), Occupations Code, is
11	11	amended to read as follows:
12	12	(b) A physician may delegate the carrying out or signing of
13	13	a prescription drug order for a controlled substance only if:
14	14	(1) the prescription is for a controlled substance
15	15	listed in Schedules III, IV, or V as established by the commissioner
16	16	of public health under Chapter 481, Health and Safety Code;
17	17	(2) the prescription is for a period not to exceed 90
18	18	[30] days;
19	19	(3) with regard to the refill of a prescription, the
20	20	refill is in accordance with the delegating physician's protocols
21	21	[authorized after consultation with the delegating physician] and
22	22	[the consultation] is noted in the patient's chart; and
23	23	(4) with regard to a prescription for a child less than
24	24	two years of age, the prescription is made after consultation with
25	25	the delegating physician and the consultation is noted in the
26	26	patient's chart.
27	27	SECTION 2. Section 157.053(e), Occupations Code, is amended
28	28	to read as follows:
29	29	(e) A physician's authority to delegate the carrying out or
30	30	signing of a prescription drug order is limited to:
31	31	(1) five [three] physician assistants or advanced
32	32	practice nurses or their full-time equivalents practicing at the
33	33	physician's primary practice site or at an alternate practice site
34	34	under Section 157.0541; and
35	35	(2) the patients with whom the physician has
36	36	established or will establish a physician-patient relationship.
37	37	SECTION 3. Sections 157.0541(a), (c), and (e), Occupations
38	38	Code, are amended to read as follows:
39	39	(a) In this section, "alternate site" means a practice site:
40	40	(1) where services similar to the services provided at
41	41	the delegating physician's primary practice site are provided; and
42	42	(2) located within 90 [60] miles of the delegating
43	43	physician's residence or primary practice site.
44	44	(c) Physician supervision is adequate for the purposes of
45	45	this section if the delegating physician:
46	46	(1) is on-site with the advanced practice nurse or
47	47	physician assistant at least once every 10 business days [20
48	48	percent of the time];
49	49	(2) reviews at least 10 percent of the medical charts,
50	50	which can be reviewed electronically from a remote location, of
51	51	each physician assistant or advanced practice nurse at the site;
52	52	and
53	53	(3) is available through direct telecommunication for
54	54	consultation, patient referral, or assistance with a medical
55	55	emergency.
56	56	(e) The combined number of advanced practice nurses and
57	57	physician assistants to whom a physician may delegate under this
58	58	section and at a primary practice site under Section 157.053 may not
59	59	exceed five [three] physician assistants or advanced practice
60	60	nurses or the full-time equivalent of three physician assistants or
61	61	advanced practice nurses.
62	62	SECTION 4. The Texas Medical Board shall adopt rules under
63	63	Subchapter B, Chapter 157, Occupations Code, as amended by this
64	64	Act, not later than January 31, 2010.
65	65	SECTION 5. This Act takes effect September 1, 2009.