Texas 2019 - 86th Regular

Texas House Bill HB2250 Latest Draft

Bill / Engrossed Version Filed 05/13/2019

                            86R11678 BEE-F
 By: Lucio III, Thompson of Harris H.B. No. 2250


 A BILL TO BE ENTITLED
 AN ACT
 relating to the prescribing and ordering of Schedule II controlled
 substances by certain advanced practice registered nurses and
 physician assistants.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Sections 157.0511(a) and (b), Occupations Code,
 are amended to read as follows:
 (a)  A physician's authority to delegate the prescribing or
 ordering of a drug or device under this subchapter is limited to:
 (1)  nonprescription drugs;
 (2)  dangerous drugs; and
 (3)  controlled substances to the extent provided by
 Subsection [Subsections] (b) [and (b-1)].
 (b)  A [Except as provided by Subsection (b-1), a] physician
 may delegate the prescribing or ordering of a controlled substance
 only if:
 (1)  the prescription is for a controlled substance
 listed in Schedule II, III, IV, or V as established by the
 commissioner of state health services [the Department of State
 Health Services] under Chapter 481, Health and Safety Code;
 (2)  the prescription, including any [a] refill of the
 prescription, is for a period not to exceed 90 days;
 (3)  with regard to the refill of a prescription, the
 refill is authorized after consultation with the delegating
 physician and the consultation is noted in the patient's chart; and
 (4)  with regard to a prescription for a child less than
 two years of age, the prescription is made after consultation with
 the delegating physician and the consultation is noted in the
 patient's chart.
 SECTION 2.  Section 157.0511(b-1), Occupations Code, is
 repealed.
 SECTION 3.  This Act takes effect September 1, 2019.