| 1 | 1 | | 89R6203 BEE-F |
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| 2 | 2 | | By: Howard H.B. No. 1948 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the prescribing and ordering of Schedule II controlled |
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| 10 | 10 | | substances by certain advanced practice registered nurses and |
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| 11 | 11 | | physician assistants. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Sections 157.0511(a) and (b), Occupations Code, |
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| 14 | 14 | | are amended to read as follows: |
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| 15 | 15 | | (a) A physician's authority to delegate the prescribing or |
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| 16 | 16 | | ordering of a drug or device under this subchapter is limited to: |
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| 17 | 17 | | (1) nonprescription drugs; |
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| 18 | 18 | | (2) dangerous drugs; and |
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| 19 | 19 | | (3) controlled substances to the extent provided by |
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| 20 | 20 | | Subsection [Subsections] (b) [and (b-1)]. |
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| 21 | 21 | | (b) A [Except as provided by Subsection (b-1), a] physician |
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| 22 | 22 | | may delegate the prescribing or ordering of a controlled substance |
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| 23 | 23 | | only if: |
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| 24 | 24 | | (1) the prescription is for a controlled substance |
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| 25 | 25 | | listed in Schedule II, III, IV, or V as established by the |
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| 26 | 26 | | commissioner of state health services [the Department of State |
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| 27 | 27 | | Health Services] under Chapter 481, Health and Safety Code; |
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| 28 | 28 | | (2) the prescription, including any [a] refill of the |
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| 29 | 29 | | prescription, is for a period not to exceed 90 days; |
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| 30 | 30 | | (3) with regard to the refill of a prescription, the |
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| 31 | 31 | | refill is authorized after consultation with the delegating |
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| 32 | 32 | | physician and the consultation is noted in the patient's chart; and |
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| 33 | 33 | | (4) with regard to a prescription for a child less than |
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| 34 | 34 | | two years of age, the prescription is made after consultation with |
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| 35 | 35 | | the delegating physician and the consultation is noted in the |
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| 36 | 36 | | patient's chart. |
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| 37 | 37 | | SECTION 2. Section 157.0511(b-1), Occupations Code, is |
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| 38 | 38 | | repealed. |
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| 39 | 39 | | SECTION 3. This Act takes effect September 1, 2025. |
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