Texas 2017 - 85th Regular

Texas House Bill HB2548 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	85R3752 BEE-F
2	2	By: Zerwas, Oliverson H.B. No. 2548
3	3
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5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the prescribing and ordering of Schedule II controlled
8	8	substances by certain 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 (a), (b), (b-1), and (c) and adding
12	12	Subsection (b-3) to read as follows:
13	13	(a) A physician's authority to delegate the prescribing or
14	14	ordering of a drug or device under this subchapter is limited to:
15	15	(1) nonprescription drugs;
16	16	(2) dangerous drugs; and
17	17	(3) controlled substances to the extent provided by
18	18	Subsections (b), [and] (b-1), and (b-3).
19	19	(b) Except as provided by Subsections [Subsection] (b-1)
20	20	and (b-3), a physician may delegate the prescribing or ordering of a
21	21	controlled substance only if:
22	22	(1) the prescription is for a controlled substance
23	23	listed in Schedule III, IV, or V as established by the commissioner
24	24	of state health services [the Department of State Health Services]
25	25	under Chapter 481, Health and Safety Code;
26	26	(2) the prescription, including any refill [a refill]
27	27	of the prescription, is for a period not to exceed 90 days;
28	28	(3) with regard to the refill of a prescription, the
29	29	refill is authorized after consultation with the delegating
30	30	physician and the consultation is noted in the patient's chart; and
31	31	(4) with regard to a prescription for a child less than
32	32	two years of age, the prescription is made after consultation with
33	33	the delegating physician and the consultation is noted in the
34	34	patient's chart.
35	35	(b-1) A physician may delegate the prescribing or ordering
36	36	of a controlled substance listed in Schedule II as established by
37	37	the commissioner of state health services [the Department of State
38	38	Health Services] under Chapter 481, Health and Safety Code[, only]:
39	39	(1) in a hospital facility-based practice under
40	40	Section 157.054, in accordance with policies approved by the
41	41	hospital's medical staff or a committee of the hospital's medical
42	42	staff as provided by the hospital bylaws to ensure patient safety,
43	43	and as part of the care provided to a patient who:
44	44	(A) has been admitted to the hospital for an
45	45	intended length of stay of 24 hours or greater; or
46	46	(B) is receiving services in the emergency
47	47	department of the hospital; or
48	48	(2) as part of the plan of care for the treatment of a
49	49	person who has executed a written certification of a terminal
50	50	illness, has elected to receive hospice care, and is receiving
51	51	hospice treatment from a qualified hospice provider.
52	52	(b-3) A physician may delegate to a physician assistant the
53	53	prescribing or ordering of a controlled substance listed in
54	54	Schedule II as established by the commissioner of state health
55	55	services under Chapter 481, Health and Safety Code, at the practice
56	56	site.
57	57	(c) This subchapter does not modify the authority granted by
58	58	law for a licensed registered nurse or physician assistant to
59	59	administer or provide a medication, including a controlled
60	60	substance listed in Schedule II as established by the commissioner
61	61	of state health services [the Department of State Health Services]
62	62	under Chapter 481, Health and Safety Code, that is authorized by a
63	63	physician under a physician's order, standing medical order,
64	64	standing delegation order, or protocol.
65	65	SECTION 2. This Act takes effect September 1, 2017.