Texas 2015 - 84th Regular

Texas House Bill HB2602 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R26315 EES-D
2	2	By: Coleman, Zedler H.B. No. 2602
3	3	Substitute the following for H.B. No. 2602:
4	4	By: Crownover C.S.H.B. No. 2602
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the prescribing and ordering of Schedule II controlled
10	10	substances by certain advanced practice registered nurses and
11	11	physician assistants.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 157.0511, Occupations Code, is amended
14	14	by amending Subsections (b) and (b-1) and adding Subsections (b-3),
15	15	(b-4), and (d) to read as follows:
16	16	(b) Except as provided by Subsections [Subsection] (b-1)
17	17	and (b-3), a physician may delegate the prescribing or ordering of a
18	18	controlled substance only if:
19	19	(1) the prescription is for a controlled substance
20	20	listed in Schedule III, IV, or V as established by the commissioner
21	21	of state health services [the Department of State Health Services]
22	22	under Chapter 481, Health and Safety Code;
23	23	(2) the prescription, including refills [a refill] of
24	24	the prescription, is for a period not to exceed 90 days;
25	25	(3) with regard to the refill of a prescription, the
26	26	refill is authorized after consultation with the delegating
27	27	physician and the consultation is noted in the patient's chart; and
28	28	(4) with regard to a prescription for a child less than
29	29	two years of age, the prescription is made after consultation with
30	30	the delegating physician and the consultation is noted in the
31	31	patient's chart.
32	32	(b-1) A physician may delegate the prescribing or ordering
33	33	of a controlled substance listed in Schedule II as established by
34	34	the commissioner of state health services [the Department of State
35	35	Health Services] under Chapter 481, Health and Safety Code, only:
36	36	(1) in a hospital facility-based practice under
37	37	Section 157.054, in accordance with policies approved by the
38	38	hospital's medical staff or a committee of the hospital's medical
39	39	staff as provided by the hospital bylaws to ensure patient safety,
40	40	and as part of the care, including discharge prescriptions,
41	41	provided to a patient who:
42	42	(A) has been admitted to the hospital for an
43	43	intended length of stay of 24 hours or greater; or
44	44	(B) is receiving services in the emergency
45	45	department of the hospital; [or]
46	46	(2) as part of the plan of care for the treatment of a
47	47	person who has executed a written certification of a terminal
48	48	illness, has elected to receive hospice care, and is receiving
49	49	hospice treatment from a qualified hospice provider;
50	50	(3) as part of the plan of care for the treatment of a
51	51	person receiving palliative care; or
52	52	(4) as part of the plan of care for the treatment of a
53	53	person with a disorder defined in the Diagnostic and Statistical
54	54	Manual of Mental Disorders, 5th Edition, or a subsequent edition,
55	55	to an advanced practice registered nurse authorized by the Texas
56	56	Board of Nursing to practice as a psychiatric mental health
57	57	advanced practice registered nurse or a physician assistant
58	58	recognized by the Texas Physician Assistant Board as specializing
59	59	in psychiatric or mental health care.
60	60	(b-3) A physician may delegate the prescribing or ordering
61	61	of a controlled substance listed in Schedule II as established by
62	62	the commissioner of state health services under Chapter 481, Health
63	63	and Safety Code, if the physician was able to delegate the
64	64	prescribing or ordering of that controlled substance on November 1,
65	65	2013, because on that date the controlled substance was listed in
66	66	Schedule III, IV, or V.
67	67	(b-4) A prescription or order issued by an advanced practice
68	68	registered nurse or a physician assistant under Subsection (b),
69	69	(b-1), or (b-3) may be filled by any pharmacy that may fill the
70	70	prescription or order if prescribed or ordered by the delegating
71	71	physician.
72	72	(d) For purposes of this section, "palliative care" means a
73	73	form of care that:
74	74	(1) is person-centered and family-focused;
75	75	(2) provides a patient with relief from the symptoms,
76	76	pain, and stress of a serious illness;
77	77	(3) ensures an additional layer of support to a
78	78	patient during the treatment of a serious illness; and
79	79	(4) is appropriate for a patient of any age and at any
80	80	stage of a serious illness.
81	81	SECTION 2. This Act takes effect immediately if it receives
82	82	a vote of two-thirds of all the members elected to each house, as
83	83	provided by Section 39, Article III, Texas Constitution. If this
84	84	Act does not receive the vote necessary for immediate effect, this
85	85	Act takes effect September 1, 2015.