| 1 | 1 | | 88R23870 BEE-F |
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| 2 | 2 | | By: Klick, Howard, Bonnen, et al. H.B. No. 1190 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the prescribing and ordering of Schedule II controlled |
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| 8 | 8 | | substances by certain advanced practice registered nurses and |
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| 9 | 9 | | physician assistants. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 157.0511(b-1), Occupations Code, is |
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| 12 | 12 | | amended to read as follows: |
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| 13 | 13 | | (b-1) A physician may delegate the prescribing or ordering |
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| 14 | 14 | | of a controlled substance listed in Schedule II as established by |
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| 15 | 15 | | the commissioner of the Department of State Health Services under |
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| 16 | 16 | | Chapter 481, Health and Safety Code, only: |
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| 17 | 17 | | (1) in a hospital facility-based practice under |
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| 18 | 18 | | Section 157.054, in accordance with policies approved by the |
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| 19 | 19 | | hospital's medical staff or a committee of the hospital's medical |
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| 20 | 20 | | staff as provided by the hospital bylaws to ensure patient safety, |
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| 21 | 21 | | and as part of the care provided to a patient who: |
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| 22 | 22 | | (A) has been admitted to the hospital for an |
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| 23 | 23 | | intended length of stay of 24 hours or greater; or |
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| 24 | 24 | | (B) is receiving services in the emergency |
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| 25 | 25 | | department of the hospital; [or] |
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| 26 | 26 | | (2) as part of the plan of care for the treatment of a |
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| 27 | 27 | | person who has executed a written certification of a terminal |
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| 28 | 28 | | illness, has elected to receive hospice care, and is receiving |
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| 29 | 29 | | hospice treatment from a qualified hospice provider; or |
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| 30 | 30 | | (3) as part of a narcotic drug treatment program that |
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| 31 | 31 | | has been issued a permit under Chapter 466, Health and Safety Code. |
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| 32 | 32 | | SECTION 2. Subchapter A, Chapter 562, Occupations Code, is |
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| 33 | 33 | | amended by adding Section 562.017 to read as follows: |
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| 34 | 34 | | Sec. 562.017. CERTAIN PRESCRIPTIONS FOR CONTROLLED |
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| 35 | 35 | | SUBSTANCES. A pharmacist practicing in a Class A pharmacy may |
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| 36 | 36 | | dispense a controlled substance listed in Schedule II as |
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| 37 | 37 | | established by the commissioner of state health services under |
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| 38 | 38 | | Chapter 481, Health and Safety Code, that is prescribed by an |
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| 39 | 39 | | advanced practice registered nurse or physician assistant to whom a |
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| 40 | 40 | | physician has delegated prescribing and ordering authority under |
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| 41 | 41 | | Section 157.0511(b-1). The prescriber shall clearly note in the |
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| 42 | 42 | | prescription records that the controlled substance listed in |
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| 43 | 43 | | Schedule II is prescribed as part of the care provided: |
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| 44 | 44 | | (1) in a hospital facility-based practice described by |
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| 45 | 45 | | Section 157.0511(b-1)(1); |
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| 46 | 46 | | (2) as part of a plan of care described by Section |
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| 47 | 47 | | 157.0511(b-1)(2); or |
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| 48 | 48 | | (3) as part of a narcotic drug treatment program |
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| 49 | 49 | | described by Section 157.0511(b-1)(3). |
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| 50 | 50 | | SECTION 3. This Act takes effect immediately if it receives |
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| 51 | 51 | | a vote of two-thirds of all the members elected to each house, as |
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| 52 | 52 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 53 | 53 | | Act does not receive the vote necessary for immediate effect, this |
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| 54 | 54 | | Act takes effect September 1, 2023. |
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