Texas 2015 - 84th Regular

Texas House Bill HB3632 Compare Versions

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

Old	New	Differences
1	1	By: Zerwas H.B. No. 3632
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3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the prescribing and ordering of Schedule II controlled
7	7	substances by certain advanced practice registered nurses and
8	8	physician assistants.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 157.0511, Occupations Code, is amended
11	11	by amending Subsections (b) and (b-1):
12	12	(b) Except as provided by Subsections [Subsection] (b-1)
13	13	and (b-3), a physician may delegate the prescribing or ordering of a
14	14	controlled substance only if:
15	15	(1) the prescription is for a controlled substance
16	16	listed in Schedule III, IV, or V as established by the commissioner
17	17	of state health services [the Department of State Health Services]
18	18	under Chapter 481, Health and Safety Code;
19	19	(2) the prescription, including a refill of the
20	20	prescription, is for a period not to exceed 90 days;
21	21	(3) with regard to the refill of a prescription, the
22	22	refill is authorized after consultation with the delegating
23	23	physician and the consultation is noted in the patient's chart; and
24	24	(4) with regard to a prescription for a child less than
25	25	two years of age, the prescription is made after consultation with
26	26	the delegating physician and the consultation is noted in the
27	27	patient's chart.
28	28	(b-1) A physician may delegate the prescribing or ordering
29	29	of a controlled substance listed in Schedule II as established by
30	30	the commissioner of state health services [the Department of State
31	31	Health Services] under Chapter 481, Health and Safety Code, only:
32	32	(1) in a hospital facility-based practice under
33	33	Section 157.054, in accordance with policies approved by the
34	34	hospital's medical staff or a committee of the hospital's medical
35	35	staff as provided by the hospital bylaws to ensure patient safety,
36	36	and as part of the care provided to a patient who:
37	37	(A) has been admitted to the hospital for an
38	38	intended length of stay of 24 hours or greater; or
39	39	(B) is receiving services in the emergency
40	40	department of the hospital; [or]
41	41	(2) as part of the plan of care for the treatment of a
42	42	person who has executed a written certification of a terminal
43	43	illness, has elected to receive hospice care, and is receiving
44	44	hospice treatment from a qualified hospice provider; or
45	45	(3) as part of the plan of care for the treatment of a
46	46	person receiving palliative care a form of care that is
47	47	person-centered, family-focused care that provides a patient with
48	48	relief from the symptoms, pain, and stress of a serious illness, and
49	49	an additional layer of support to a patient of any age at any stage
50	50	of a serious illness.
51	51	SECTION 2. This Act takes effect immediately if it receives
52	52	a vote of two-thirds of all the members elected to each house, as
53	53	provided by Section 39, Article III, Texas Constitution. If this
54	54	Act does not receive the vote necessary for immediate effect, this
55	55	Act takes effect September 1, 2015.