Texas 2015 - 84th Regular

Texas Senate Bill SB196 Compare Versions

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

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1	1	84R2767 JSC-D
2	2	By: Schwertner S.B. No. 196
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to controlled substance registration by physician
8	8	assistants and advanced practice registered nurses; imposing
9	9	penalties; imposing fees.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 481.061(c), Health and Safety Code, is
12	12	amended to read as follows:
13	13	(c) A separate registration is required at each principal
14	14	place of business or professional practice where the applicant
15	15	manufactures, distributes, analyzes, dispenses, or possesses a
16	16	controlled substance, except that the director may not require
17	17	separate registration for:
18	18	(1) a physician licensed under Subtitle B, Title 3,
19	19	Occupations Code, a physician assistant licensed under Chapter 204,
20	20	Occupations Code, or a registered nurse licensed as an advanced
21	21	practice registered nurse under Section 301.152, Occupations Code;
22	22	or
23	23	(2) a practitioner engaged in research with a
24	24	nonnarcotic controlled substance listed in Schedules II through V
25	25	if the registrant is already registered under this subchapter in
26	26	another capacity.
27	27	SECTION 2. Section 481.063(g), Health and Safety Code, is
28	28	amended to read as follows:
29	29	(g) Except as otherwise provided by Section 481.0645 for a
30	30	physician licensed under Subtitle B, Title 3, Occupations Code, by
31	31	Section 481.0646 for a physician assistant licensed under Chapter
32	32	204, Occupations Code, or by Section 481.0647 for a registered
33	33	nurse licensed as an advanced practice registered nurse under
34	34	Section 301.152, Occupations Code, a registration is valid until
35	35	the first anniversary of the date of issuance and may be renewed
36	36	annually under rules adopted by the director, unless a rule
37	37	provides for a longer period of validity or renewal.
38	38	SECTION 3. Section 481.064, Health and Safety Code, is
39	39	amended by amending Subsection (a) and adding Subsection (a-2) to
40	40	read as follows:
41	41	(a) Except as otherwise provided by Section 481.0645 for a
42	42	physician licensed under Subtitle B, Title 3, Occupations Code, by
43	43	Section 481.0646 for a physician assistant licensed under Chapter
44	44	204, Occupations Code, or by Section 481.0647 for a registered
45	45	nurse licensed as an advanced practice registered nurse under
46	46	Section 301.152, Occupations Code, the director may charge a
47	47	nonrefundable fee of not more than $25 before processing an
48	48	application for annual registration and may charge a late fee of not
49	49	more than $50 for each application for renewal the department
50	50	receives after the date the registration expires. The director by
51	51	rule shall set the amounts of the fees at the amounts that are
52	52	necessary to cover the cost of administering and enforcing this
53	53	subchapter. Except as provided by Subsection (b) or by Section
54	54	156.004, 204.1561, or 301.1525, Occupations Code, registrants
55	55	shall pay the fees to the director. Not later than 60 days before
56	56	the date the registration expires, the director shall send a
57	57	renewal notice to the registrant at the last known address of the
58	58	registrant according to department records, unless the registrant
59	59	is a physician to whom notice of expiration is provided under
60	60	Section 156.004, Occupations Code, a physician assistant to whom
61	61	notice of expiration is provided under Section 204.1561,
62	62	Occupations Code, or an advanced practice registered nurse to whom
63	63	notice of expiration is provided under Section 301.1525,
64	64	Occupations Code.
65	65	(a-2) Notwithstanding Subsection (a), the director shall
66	66	continue to send renewal notices to registrants who are physician
67	67	assistants or advanced practice registered nurses. This
68	68	subsection expires January 1, 2018.
69	69	SECTION 4. Subchapter C, Chapter 481, Health and Safety
70	70	Code, is amended by adding Sections 481.0646 and 481.0647 to read as
71	71	follows:
72	72	Sec. 481.0646. REGISTRATION, RENEWAL, AND FEES FOR
73	73	PHYSICIAN ASSISTANTS. (a) The registration under this chapter of a
74	74	physician assistant licensed under Chapter 204, Occupations Code,
75	75	is valid for a period of not less than two years and expires on the
76	76	same date the physician assistant's license issued by the Texas
77	77	Physician Assistant Board under Chapter 204, Occupations Code,
78	78	expires.
79	79	(a-1) Notwithstanding Subsection (a), a registration of a
80	80	physician assistant licensed under Chapter 204, Occupations Code,
81	81	that is in effect on January 1, 2016, expires on the date on which
82	82	the physician assistant's license to practice as a physician
83	83	assistant issued by the Texas Physician Assistant Board under
84	84	Chapter 204, Occupations Code, expires. This subsection expires
85	85	January 1, 2019.
86	86	(b) The director may charge a physician assistant who is
87	87	registered under this section:
88	88	(1) a nonrefundable registration fee of not more than
89	89	$50; and
90	90	(2) a late fee for each application submitted after
91	91	the expiration of the license issued under Chapter 204, Occupations
92	92	Code.
93	93	(c) A physician assistant may request the renewal of the
94	94	physician assistant's registration under this chapter by remitting
95	95	the information required under Section 481.063 and the fee required
96	96	under Subsection (b) to the Texas Physician Assistant Board. The
97	97	Texas Physician Assistant Board must allow a physician assistant to
98	98	submit the information and pay the fee electronically.
99	99	(d) A physician assistant requesting renewal under this
100	100	section must meet all eligibility requirements under Section
101	101	481.063(e).
102	102	(e) The director shall adopt any rules necessary to
103	103	administer this section. The director shall coordinate with the
104	104	Texas Physician Assistant Board in the adoption of rules necessary
105	105	under this section to prevent any conflicts between rules adopted
106	106	by the agencies and to ensure that administrative burden to
107	107	physician assistants is minimized.
108	108	Sec. 481.0647. REGISTRATION, RENEWAL, AND FEES FOR ADVANCED
109	109	PRACTICE REGISTERED NURSES. (a) The registration under this chapter
110	110	of a registered nurse licensed as an advanced practice registered
111	111	nurse under Section 301.152, Occupations Code, is valid for a
112	112	period of not less than two years and expires on the same date the
113	113	nurse's license issued by the Texas Board of Nursing under Chapter
114	114	301, Occupations Code, expires.
115	115	(a-1) Notwithstanding Subsection (a), a registration of a
116	116	registered nurse licensed as an advanced practice registered nurse
117	117	under Section 301.152, Occupations Code, that is in effect on
118	118	January 1, 2016, expires on the date on which the nurse's license to
119	119	practice professional nursing issued by the Texas Board of Nursing
120	120	under Chapter 301, Occupations Code, expires. This subsection
121	121	expires January 1, 2019.
122	122	(b) The director may charge an advanced practice registered
123	123	nurse who is registered under this section:
124	124	(1) a nonrefundable registration fee of not more than
125	125	$50; and
126	126	(2) a late fee for each application submitted after
127	127	the expiration of the license issued under Chapter 301, Occupations
128	128	Code.
129	129	(c) An advanced practice registered nurse may request the
130	130	renewal of the nurse's registration under this chapter by remitting
131	131	the information required under Section 481.063 and the fee required
132	132	under Subsection (b) to the Texas Board of Nursing. The Texas Board
133	133	of Nursing must allow a nurse to submit the information and pay the
134	134	fee electronically.
135	135	(d) An advanced practice registered nurse requesting
136	136	renewal under this section must meet all eligibility requirements
137	137	under Section 481.063(e).
138	138	(e) The director shall adopt any rules necessary to
139	139	administer this section. The director shall coordinate with the
140	140	Texas Board of Nursing in the adoption of rules necessary under this
141	141	section to prevent any conflicts between rules adopted by the
142	142	agencies and to ensure that administrative burden to advanced
143	143	practice registered nurses is minimized.
144	144	SECTION 5. Subchapter D, Chapter 204, Occupations Code, is
145	145	amended by adding Section 204.1561 to read as follows:
146	146	Sec. 204.1561. RENEWAL OF CONTROLLED SUBSTANCE
147	147	REGISTRATION. (a) The board shall accept the renewal application
148	148	and fee submitted by a physician assistant under Section 481.0646,
149	149	Health and Safety Code, for a registration under Subchapter C,
150	150	Chapter 481, Health and Safety Code.
151	151	(b) The board by rule shall adopt a procedure for submitting
152	152	a registration renewal application and remitting the registration
153	153	fee to the Department of Public Safety.
154	154	(c) The board shall coordinate a physician assistant's
155	155	controlled substance registration renewal with the license
156	156	required under this chapter so that the times of registration,
157	157	license renewal, payment, and notice are the same and provide a
158	158	minimum of administrative burden to the board and to physician
159	159	assistants.
160	160	(d) At least 60 days before the date on which the license of
161	161	a physician assistant who is registered under Subchapter C, Chapter
162	162	481, Health and Safety Code, expires, the board shall send to the
163	163	physician assistant at the physician assistant's last known address
164	164	according to the board's records:
165	165	(1) written notice of the impending license
166	166	expiration; and
167	167	(2) a renewal notice for the physician assistant's
168	168	registration with the Department of Public Safety under Subchapter
169	169	C, Chapter 481, Health and Safety Code.
170	170	SECTION 6. Section 301.152(b), Occupations Code, is amended
171	171	to read as follows:
172	172	(b) The board shall adopt rules to:
173	173	(1) license a registered nurse as an advanced practice
174	174	registered nurse; and
175	175	(2) establish:
176	176	(A) any specialized education or training,
177	177	including pharmacology, that an advanced practice registered nurse
178	178	must have to prescribe or order a drug or device as delegated by a
179	179	physician under Section 157.0512 or 157.054; and
180	180	(B) a system for approving an advanced practice
181	181	registered nurse to prescribe or order a drug or device as delegated
182	182	by a physician under Section 157.0512 or 157.054 on the receipt of
183	183	evidence of completing the specialized education and training
184	184	requirement under Paragraph (A)[; and
185	185	[(C) a system for issuing a prescription
186	186	authorization number to an advanced practice registered nurse
187	187	approved under Paragraph (B); and
188	188	[(3) concurrently renew any license or approval
189	189	granted to an advanced practice registered nurse under this
190	190	subsection and a license renewed by the advanced practice
191	191	registered nurse under Section 301.301].
192	192	SECTION 7. Subchapter D, Chapter 301, Occupations Code, is
193	193	amended by adding Section 301.1525 to read as follows:
194	194	Sec. 301.1525. ADVANCED PRACTICE REGISTERED NURSE LICENSE
195	195	RENEWAL; RENEWAL OF CONTROLLED SUBSTANCE REGISTRATION. (a) To the
196	196	extent of a conflict between this section and Subchapter G, this
197	197	section controls.
198	198	(b) The board shall adopt rules to concurrently renew:
199	199	(1) any license or approval granted to an advanced
200	200	practice registered nurse under Section 301.152;
201	201	(2) the advanced practice registered nurse's license
202	202	to practice professional nursing issued under this chapter; and
203	203	(3) the advanced practice registered nurse's
204	204	controlled substance registration under Subchapter C, Chapter 481,
205	205	Health and Safety Code.
206	206	(c) The board shall accept the renewal application and fee
207	207	submitted by an advanced practice registered nurse under Section
208	208	481.0647, Health and Safety Code, for a registration under
209	209	Subchapter C, Chapter 481, Health and Safety Code.
210	210	(d) The board by rule shall adopt a procedure for submitting
211	211	a registration renewal application and remitting the registration
212	212	fee to the Department of Public Safety.
213	213	(e) The board shall coordinate an advanced practice
214	214	registered nurse's controlled substance registration renewal with
215	215	the license required under this chapter so that the times of
216	216	registration, license renewal, payment, and notice are the same and
217	217	provide a minimum of administrative burden to the board and to the
218	218	nurse.
219	219	(f) Notwithstanding Section 301.301(e), at least 60 days
220	220	before the date on which the license to practice professional
221	221	nursing of an advanced practice nurse who is registered under
222	222	Subchapter C, Chapter 481, Health and Safety Code, expires, the
223	223	board shall send to the advanced practice registered nurse at the
224	224	nurse's last known address according to the board's records:
225	225	(1) written notice of the impending license expiration
226	226	and any separate expiration provided by rule under Section 301.152,
227	227	if applicable; and
228	228	(2) a renewal notice for the nurse's registration with
229	229	the Department of Public Safety under Subchapter C, Chapter 481,
230	230	Health and Safety Code.
231	231	SECTION 8. (a) The changes in law made to Subchapter C,
232	232	Chapter 481, Health and Safety Code, by this Act apply only to a
233	233	registration under that subchapter that expires on or after the
234	234	effective date of this Act.
235	235	(b) The changes in law made to Chapters 204 and 301,
236	236	Occupations Code, by this Act apply only to an occupational license
237	237	that expires on or after the effective date of this Act.
238	238	(c) An unexpired registration under Subchapter C, Chapter
239	239	481, Health and Safety Code, held by a physician assistant or an
240	240	advanced practice registered nurse on the effective date of this
241	241	Act expires on the date on which the license issued to the physician
242	242	assistant under Chapter 204, Occupations Code, or to the nurse
243	243	under Chapter 301, Occupations Code, expires.
244	244	SECTION 9. This Act takes effect January 1, 2016.