84R9521 EES-F
By: Coleman H.B. No. 2602
A BILL TO BE ENTITLED
AN ACT
relating to the prescribing and ordering of Schedule II controlled
substances by certain advanced practice registered nurses and
physician assistants.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 157.0511, Occupations Code, is amended
by amending Subsections (b) and (b-1) and adding Subsection (b-3)
to read as follows:
(b) Except as provided by Subsections [Subsection] (b-1)
and (b-3), a physician may delegate the prescribing or ordering of a
controlled substance only if:
(1) the prescription is for a controlled substance
listed in Schedule III, IV, or V as established by the commissioner
of state health services [the Department of State Health Services]
under Chapter 481, Health and Safety Code;
(2) the prescription, including a refill of the
prescription, is for a period not to exceed 90 days;
(3) with regard to the refill of a prescription, the
refill is authorized after consultation with the delegating
physician and the consultation is noted in the patient's chart; and
(4) with regard to a prescription for a child less than
two years of age, the prescription is made after consultation with
the delegating physician and the consultation is noted in the
patient's chart.
(b-1) A physician may delegate the prescribing or ordering
of a controlled substance listed in Schedule II as established by
the commissioner of state health services [the Department of State
Health Services] under Chapter 481, Health and Safety Code, only:
(1) in a hospital facility-based practice under
Section 157.054, in accordance with policies approved by the
hospital's medical staff or a committee of the hospital's medical
staff as provided by the hospital bylaws to ensure patient safety,
and as part of the care provided to a patient who:
(A) has been admitted to the hospital for an
intended length of stay of 24 hours or greater; or
(B) is receiving services in the emergency
department of the hospital; [or]
(2) as part of the plan of care for the treatment of a
person who has executed a written certification of a terminal
illness, has elected to receive hospice care, and is receiving
hospice treatment from a qualified hospice provider;
(3) as part of the plan of care for the treatment of a
person receiving palliative care; or
(4) to an advanced practice registered nurse
authorized by the Texas Board of Nursing to practice as a
psychiatric mental health advanced practice registered nurse or a
physician assistant recognized by the Texas Physician Assistant
Board as specializing in psychiatric or mental health care.
(b-3) A physician may delegate the prescribing or ordering
of a controlled substance listed in Schedule II as established by
the commissioner of state health services under Chapter 481, Health
and Safety Code, if the physician was able to delegate the
prescribing or ordering of that controlled substance on November 1,
2013, because on that date the controlled substance was listed in
Schedule III, IV, or V.
SECTION 2. Subchapter A, Chapter 562, Occupations Code, is
amended by adding Section 562.017 to read as follows:
Sec. 562.017. CERTAIN PRESCRIPTIONS FOR CONTROLLED
SUBSTANCES. A pharmacist practicing in a Class A pharmacy shall
fill a prescription for a controlled substance listed in Schedule
II as established by the commissioner of state health services
under Chapter 481, Health and Safety Code, that is authorized by an
advanced practice registered nurse or physician assistant to whom a
physician has delegated prescribing and ordering authority under
Section 157.0511(b-1).
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.