88R23870 BEE-F
By: Klick, Howard, Bonnen, et al. H.B. No. 1190
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. Section 157.0511(b-1), Occupations Code, is
amended to read as follows:
(b-1) A physician may delegate the prescribing or ordering
of a controlled substance listed in Schedule II as established by
the commissioner of the Department of State Health Services under
Chapter 481, Health and Safety Code, only:
(1) in a hospital facility-based practice under
Section 157.054, in accordance with policies approved by the
hospital's medical staff or a committee of the hospital's medical
staff as provided by the hospital bylaws to ensure patient safety,
and as part of the care provided to a patient who:
(A) has been admitted to the hospital for an
intended length of stay of 24 hours or greater; or
(B) is receiving services in the emergency
department of the hospital; [or]
(2) as part of the plan of care for the treatment of a
person who has executed a written certification of a terminal
illness, has elected to receive hospice care, and is receiving
hospice treatment from a qualified hospice provider; or
(3) as part of a narcotic drug treatment program that
has been issued a permit under Chapter 466, Health and Safety Code.
SECTION 2. Subchapter A, Chapter 562, Occupations Code, is
amended by adding Section 562.017 to read as follows:
Sec. 562.017. CERTAIN PRESCRIPTIONS FOR CONTROLLED
SUBSTANCES. A pharmacist practicing in a Class A pharmacy may
dispense a controlled substance listed in Schedule II as
established by the commissioner of state health services under
Chapter 481, Health and Safety Code, that is prescribed by an
advanced practice registered nurse or physician assistant to whom a
physician has delegated prescribing and ordering authority under
Section 157.0511(b-1). The prescriber shall clearly note in the
prescription records that the controlled substance listed in
Schedule II is prescribed as part of the care provided:
(1) in a hospital facility-based practice described by
Section 157.0511(b-1)(1);
(2) as part of a plan of care described by Section
157.0511(b-1)(2); or
(3) as part of a narcotic drug treatment program
described by Section 157.0511(b-1)(3).
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.