84R2767 JSC-D
By: Schwertner S.B. No. 196
A BILL TO BE ENTITLED
AN ACT
relating to controlled substance registration by physician
assistants and advanced practice registered nurses; imposing
penalties; imposing fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 481.061(c), Health and Safety Code, is
amended to read as follows:
(c) A separate registration is required at each principal
place of business or professional practice where the applicant
manufactures, distributes, analyzes, dispenses, or possesses a
controlled substance, except that the director may not require
separate registration for:
(1) a physician licensed under Subtitle B, Title 3,
Occupations Code, a physician assistant licensed under Chapter 204,
Occupations Code, or a registered nurse licensed as an advanced
practice registered nurse under Section 301.152, Occupations Code;
or
(2) a practitioner engaged in research with a
nonnarcotic controlled substance listed in Schedules II through V
if the registrant is already registered under this subchapter in
another capacity.
SECTION 2. Section 481.063(g), Health and Safety Code, is
amended to read as follows:
(g) Except as otherwise provided by Section 481.0645 for a
physician licensed under Subtitle B, Title 3, Occupations Code, by
Section 481.0646 for a physician assistant licensed under Chapter
204, Occupations Code, or by Section 481.0647 for a registered
nurse licensed as an advanced practice registered nurse under
Section 301.152, Occupations Code, a registration is valid until
the first anniversary of the date of issuance and may be renewed
annually under rules adopted by the director, unless a rule
provides for a longer period of validity or renewal.
SECTION 3. Section 481.064, Health and Safety Code, is
amended by amending Subsection (a) and adding Subsection (a-2) to
read as follows:
(a) Except as otherwise provided by Section 481.0645 for a
physician licensed under Subtitle B, Title 3, Occupations Code, by
Section 481.0646 for a physician assistant licensed under Chapter
204, Occupations Code, or by Section 481.0647 for a registered
nurse licensed as an advanced practice registered nurse under
Section 301.152, Occupations Code, the director may charge a
nonrefundable fee of not more than $25 before processing an
application for annual registration and may charge a late fee of not
more than $50 for each application for renewal the department
receives after the date the registration expires. The director by
rule shall set the amounts of the fees at the amounts that are
necessary to cover the cost of administering and enforcing this
subchapter. Except as provided by Subsection (b) or by Section
156.004, 204.1561, or 301.1525, Occupations Code, registrants
shall pay the fees to the director. Not later than 60 days before
the date the registration expires, the director shall send a
renewal notice to the registrant at the last known address of the
registrant according to department records, unless the registrant
is a physician to whom notice of expiration is provided under
Section 156.004, Occupations Code, a physician assistant to whom
notice of expiration is provided under Section 204.1561,
Occupations Code, or an advanced practice registered nurse to whom
notice of expiration is provided under Section 301.1525,
Occupations Code.
(a-2) Notwithstanding Subsection (a), the director shall
continue to send renewal notices to registrants who are physician
assistants or advanced practice registered nurses. This
subsection expires January 1, 2018.
SECTION 4. Subchapter C, Chapter 481, Health and Safety
Code, is amended by adding Sections 481.0646 and 481.0647 to read as
follows:
Sec. 481.0646. REGISTRATION, RENEWAL, AND FEES FOR
PHYSICIAN ASSISTANTS. (a) The registration under this chapter of a
physician assistant licensed under Chapter 204, Occupations Code,
is valid for a period of not less than two years and expires on the
same date the physician assistant's license issued by the Texas
Physician Assistant Board under Chapter 204, Occupations Code,
expires.
(a-1) Notwithstanding Subsection (a), a registration of a
physician assistant licensed under Chapter 204, Occupations Code,
that is in effect on January 1, 2016, expires on the date on which
the physician assistant's license to practice as a physician
assistant issued by the Texas Physician Assistant Board under
Chapter 204, Occupations Code, expires. This subsection expires
January 1, 2019.
(b) The director may charge a physician assistant who is
registered under this section:
(1) a nonrefundable registration fee of not more than
$50; and
(2) a late fee for each application submitted after
the expiration of the license issued under Chapter 204, Occupations
Code.
(c) A physician assistant may request the renewal of the
physician assistant's registration under this chapter by remitting
the information required under Section 481.063 and the fee required
under Subsection (b) to the Texas Physician Assistant Board. The
Texas Physician Assistant Board must allow a physician assistant to
submit the information and pay the fee electronically.
(d) A physician assistant requesting renewal under this
section must meet all eligibility requirements under Section
481.063(e).
(e) The director shall adopt any rules necessary to
administer this section. The director shall coordinate with the
Texas Physician Assistant Board in the adoption of rules necessary
under this section to prevent any conflicts between rules adopted
by the agencies and to ensure that administrative burden to
physician assistants is minimized.
Sec. 481.0647. REGISTRATION, RENEWAL, AND FEES FOR ADVANCED
PRACTICE REGISTERED NURSES. (a) The registration under this chapter
of a registered nurse licensed as an advanced practice registered
nurse under Section 301.152, Occupations Code, is valid for a
period of not less than two years and expires on the same date the
nurse's license issued by the Texas Board of Nursing under Chapter
301, Occupations Code, expires.
(a-1) Notwithstanding Subsection (a), a registration of a
registered nurse licensed as an advanced practice registered nurse
under Section 301.152, Occupations Code, that is in effect on
January 1, 2016, expires on the date on which the nurse's license to
practice professional nursing issued by the Texas Board of Nursing
under Chapter 301, Occupations Code, expires. This subsection
expires January 1, 2019.
(b) The director may charge an advanced practice registered
nurse who is registered under this section:
(1) a nonrefundable registration fee of not more than
$50; and
(2) a late fee for each application submitted after
the expiration of the license issued under Chapter 301, Occupations
Code.
(c) An advanced practice registered nurse may request the
renewal of the nurse's registration under this chapter by remitting
the information required under Section 481.063 and the fee required
under Subsection (b) to the Texas Board of Nursing. The Texas Board
of Nursing must allow a nurse to submit the information and pay the
fee electronically.
(d) An advanced practice registered nurse requesting
renewal under this section must meet all eligibility requirements
under Section 481.063(e).
(e) The director shall adopt any rules necessary to
administer this section. The director shall coordinate with the
Texas Board of Nursing in the adoption of rules necessary under this
section to prevent any conflicts between rules adopted by the
agencies and to ensure that administrative burden to advanced
practice registered nurses is minimized.
SECTION 5. Subchapter D, Chapter 204, Occupations Code, is
amended by adding Section 204.1561 to read as follows:
Sec. 204.1561. RENEWAL OF CONTROLLED SUBSTANCE
REGISTRATION. (a) The board shall accept the renewal application
and fee submitted by a physician assistant under Section 481.0646,
Health and Safety Code, for a registration under Subchapter C,
Chapter 481, Health and Safety Code.
(b) The board by rule shall adopt a procedure for submitting
a registration renewal application and remitting the registration
fee to the Department of Public Safety.
(c) The board shall coordinate a physician assistant's
controlled substance registration renewal with the license
required under this chapter so that the times of registration,
license renewal, payment, and notice are the same and provide a
minimum of administrative burden to the board and to physician
assistants.
(d) At least 60 days before the date on which the license of
a physician assistant who is registered under Subchapter C, Chapter
481, Health and Safety Code, expires, the board shall send to the
physician assistant at the physician assistant's last known address
according to the board's records:
(1) written notice of the impending license
expiration; and
(2) a renewal notice for the physician assistant's
registration with the Department of Public Safety under Subchapter
C, Chapter 481, Health and Safety Code.
SECTION 6. Section 301.152(b), Occupations Code, is amended
to read as follows:
(b) The board shall adopt rules to:
(1) license a registered nurse as an advanced practice
registered nurse; and
(2) establish:
(A) any specialized education or training,
including pharmacology, that an advanced practice registered nurse
must have to prescribe or order a drug or device as delegated by a
physician under Section 157.0512 or 157.054; and
(B) a system for approving an advanced practice
registered nurse to prescribe or order a drug or device as delegated
by a physician under Section 157.0512 or 157.054 on the receipt of
evidence of completing the specialized education and training
requirement under Paragraph (A)[; and
[(C) a system for issuing a prescription
authorization number to an advanced practice registered nurse
approved under Paragraph (B); and
[(3) concurrently renew any license or approval
granted to an advanced practice registered nurse under this
subsection and a license renewed by the advanced practice
registered nurse under Section 301.301].
SECTION 7. Subchapter D, Chapter 301, Occupations Code, is
amended by adding Section 301.1525 to read as follows:
Sec. 301.1525. ADVANCED PRACTICE REGISTERED NURSE LICENSE
RENEWAL; RENEWAL OF CONTROLLED SUBSTANCE REGISTRATION. (a) To the
extent of a conflict between this section and Subchapter G, this
section controls.
(b) The board shall adopt rules to concurrently renew:
(1) any license or approval granted to an advanced
practice registered nurse under Section 301.152;
(2) the advanced practice registered nurse's license
to practice professional nursing issued under this chapter; and
(3) the advanced practice registered nurse's
controlled substance registration under Subchapter C, Chapter 481,
Health and Safety Code.
(c) The board shall accept the renewal application and fee
submitted by an advanced practice registered nurse under Section
481.0647, Health and Safety Code, for a registration under
Subchapter C, Chapter 481, Health and Safety Code.
(d) The board by rule shall adopt a procedure for submitting
a registration renewal application and remitting the registration
fee to the Department of Public Safety.
(e) The board shall coordinate an advanced practice
registered nurse's controlled substance registration renewal with
the license required under this chapter so that the times of
registration, license renewal, payment, and notice are the same and
provide a minimum of administrative burden to the board and to the
nurse.
(f) Notwithstanding Section 301.301(e), at least 60 days
before the date on which the license to practice professional
nursing of an advanced practice nurse who is registered under
Subchapter C, Chapter 481, Health and Safety Code, expires, the
board shall send to the advanced practice registered nurse at the
nurse's last known address according to the board's records:
(1) written notice of the impending license expiration
and any separate expiration provided by rule under Section 301.152,
if applicable; and
(2) a renewal notice for the nurse's registration with
the Department of Public Safety under Subchapter C, Chapter 481,
Health and Safety Code.
SECTION 8. (a) The changes in law made to Subchapter C,
Chapter 481, Health and Safety Code, by this Act apply only to a
registration under that subchapter that expires on or after the
effective date of this Act.
(b) The changes in law made to Chapters 204 and 301,
Occupations Code, by this Act apply only to an occupational license
that expires on or after the effective date of this Act.
(c) An unexpired registration under Subchapter C, Chapter
481, Health and Safety Code, held by a physician assistant or an
advanced practice registered nurse on the effective date of this
Act expires on the date on which the license issued to the physician
assistant under Chapter 204, Occupations Code, or to the nurse
under Chapter 301, Occupations Code, expires.
SECTION 9. This Act takes effect January 1, 2016.