Texas 2025 - 89th Regular

Texas House Bill HB3794 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R8356 BEE/SCL-F
2	2	By: Darby H.B. No. 3794
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5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the licensing and regulation of advanced practice
10	10	registered nurses and the payment of independent advanced practice
11	11	registered nurses in certain government employee health plans.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	ARTICLE 1. REGULATION OF ADVANCED PRACTICE REGISTERED NURSES
14	14	SECTION 1.001. Section 301.002, Occupations Code, is
15	15	amended to read as follows:
16	16	Sec. 301.002. DEFINITIONS. In this chapter:
17	17	(1) "Advanced practice registered nurse" means a
18	18	registered nurse licensed by the board to practice as an advanced
19	19	practice registered nurse on the basis of completion of an advanced
20	20	educational program. The term includes a nurse practitioner, nurse
21	21	midwife, nurse anesthetist, and clinical nurse specialist.
22	22	(2) [(1)] "Board" means the Texas Board of Nursing.
23	23	(3) [(1-a)] "Chief nursing officer" means the
24	24	registered nurse who is administratively responsible for the
25	25	nursing services at a facility.
26	26	(4) "Controlled substance" has the meaning assigned by
27	27	Section 481.002, Health and Safety Code.
28	28	(5) "Dangerous drug" has the meaning assigned by
29	29	Section 483.001, Health and Safety Code.
30	30	(6) "Device" has the meaning assigned by Section
31	31	551.003, and includes durable medical equipment.
32	32	(7) "Nonprescription drug" has the meaning assigned by
33	33	Section 551.003.
34	34	(8) "Nurse" means a person required to be licensed
35	35	under this chapter to engage in professional or vocational nursing.
36	36	(9) "Nursing" means professional or vocational
37	37	nursing.
38	38	(10) [(1-b)] "Patient safety committee" has the
39	39	meaning assigned by Section 303.001.
40	40	(11) "Prescribe or order a drug or device" has the
41	41	meaning assigned by Section 157.051.
42	42	(12) [(2)] "Professional nursing" means the
43	43	performance of an act that requires substantial specialized
44	44	judgment and skill, the proper performance of which is based on
45	45	knowledge and application of the principles of biological,
46	46	physical, and social science as acquired by a completed course in an
47	47	approved school of professional nursing. The term does not include
48	48	acts of medical diagnosis or the prescription of therapeutic or
49	49	corrective measures, except as performed by an advanced practice
50	50	registered nurse authorized to practice by the board under Section
51	51	301.357. Professional nursing involves:
52	52	(A) the observation, assessment, intervention,
53	53	evaluation, rehabilitation, care and counsel, or health teachings
54	54	of a person who is ill, injured, infirm, or experiencing a change in
55	55	normal health processes;
56	56	(B) the maintenance of health or prevention of
57	57	illness;
58	58	(C) the administration of a medication or
59	59	treatment as ordered by a health care practitioner legally
60	60	authorized to prescribe the medication or treatment [physician,
61	61	podiatrist, or dentist];
62	62	(D) the supervision or teaching of nursing;
63	63	(E) the administration, supervision, and
64	64	evaluation of nursing practices, policies, and procedures;
65	65	(F) the requesting, receiving, signing for, and
66	66	distribution of prescription drug samples to patients at practices
67	67	at which an advanced practice registered nurse is authorized to
68	68	sign prescription drug orders as provided by Subchapter B, Chapter
69	69	157;
70	70	(G) the performance by an advanced practice
71	71	registered nurse of an act delegated by a physician under Section
72	72	157.0512, 157.054, 157.058, or 157.059; [and]
73	73	(H) the development of the nursing care plan; and
74	74	(I) the performance of an act by an advanced
75	75	practice registered nurse authorized to practice by the board under
76	76	Section 301.357.
77	77	[(3) "Nurse" means a person required to be licensed
78	78	under this chapter to engage in professional or vocational nursing.
79	79	[(4) "Nursing" means professional or vocational
80	80	nursing.]
81	81	(13) [(5)] "Vocational nursing" means a directed
82	82	scope of nursing practice, including the performance of an act that
83	83	requires specialized judgment and skill, the proper performance of
84	84	which is based on knowledge and application of the principles of
85	85	biological, physical, and social science as acquired by a completed
86	86	course in an approved school of vocational nursing. The term does
87	87	not include acts of medical diagnosis or the prescription of
88	88	therapeutic or corrective measures. Vocational nursing involves:
89	89	(A) collecting data and performing focused
90	90	nursing assessments of the health status of an individual;
91	91	(B) participating in the planning of the nursing
92	92	care needs of an individual;
93	93	(C) participating in the development and
94	94	modification of the nursing care plan;
95	95	(D) participating in health teaching and
96	96	counseling to promote, attain, and maintain the optimum health
97	97	level of an individual;
98	98	(E) assisting in the evaluation of an
99	99	individual's response to a nursing intervention and the
100	100	identification of an individual's needs; and
101	101	(F) engaging in other acts that require education
102	102	and training, as prescribed by board rules and policies,
103	103	commensurate with the nurse's experience, continuing education,
104	104	and demonstrated competency.
105	105	SECTION 1.002. Section 301.005(b), Occupations Code, is
106	106	amended to read as follows:
107	107	(b) A reference in any other law to an "advanced nurse
108	108	practitioner," [practitioner" or] "advanced practice nurse," or
109	109	"advanced practice registered nurse" means an advanced practice
110	110	registered nurse.
111	111	SECTION 1.003. Section 301.152(b), Occupations Code, is
112	112	amended to read as follows:
113	113	(b) The board shall adopt rules to:
114	114	(1) license a registered nurse as an advanced practice
115	115	registered nurse;
116	116	(2) establish:
117	117	(A) any specialized education or training,
118	118	including pharmacology, that an advanced practice registered nurse
119	119	must have to prescribe or order a drug or device as delegated by a
120	120	physician under Section 157.0512 or 157.054 or authorized by the
121	121	board under Section 301.358;
122	122	(B) a system for approving an advanced practice
123	123	registered nurse to prescribe or order a drug or device as delegated
124	124	by a physician under Section 157.0512 or 157.054 or authorized by
125	125	the board under Section 301.358 on the receipt of evidence of
126	126	completing the specialized education and training requirement
127	127	under Paragraph (A); and
128	128	(C) a system for issuing a prescription
129	129	authorization number to an advanced practice registered nurse
130	130	approved under Paragraph (B); and
131	131	(3) concurrently renew any license or approval granted
132	132	to an advanced practice registered nurse under this subsection and
133	133	a license renewed by the advanced practice registered nurse under
134	134	Section 301.301.
135	135	SECTION 1.004. Section 301.303(b), Occupations Code, is
136	136	amended to read as follows:
137	137	(b) Except as provided by a rule adopted under Section
138	138	301.357(f) for an advanced practice registered nurse authorized by
139	139	the board to practice under that section, the [The] board may not
140	140	require participation in more than a total of 20 hours of continuing
141	141	education in a two-year licensing period.
142	142	SECTION 1.005. Subchapter H, Chapter 301, Occupations Code,
143	143	is amended by adding Sections 301.357 and 301.358 to read as
144	144	follows:
145	145	Sec. 301.357. INDEPENDENT PRACTICE BY CERTAIN ADVANCED
146	146	PRACTICE REGISTERED NURSES. (a) The board shall authorize the
147	147	practice under this section of an advanced practice registered
148	148	nurse who applies for authorization under this section in the
149	149	manner prescribed by the board.
150	150	(b) The scope of practice of an advanced practice registered
151	151	nurse authorized to practice under this section includes:
152	152	(1) ordering, performing, and interpreting diagnostic
153	153	tests;
154	154	(2) formulating primary and differential medical
155	155	diagnoses and advanced assessments;
156	156	(3) treating actual and potential health problems;
157	157	(4) prescribing therapeutic and corrective measures,
158	158	including nutrition and diagnostic support services, home health
159	159	care, hospice care, physical therapy, and occupational therapy, and
160	160	delegating and assigning the performance of therapeutic and
161	161	corrective measures to assistive personnel;
162	162	(5) to the extent authorized by the board under
163	163	Section 301.358, prescribing, ordering, procuring, administering,
164	164	and dispensing drugs and devices, including blood and blood
165	165	products, controlled substances listed in Schedules II, III, IV,
166	166	and V, dangerous drugs, and nonprescription drugs;
167	167	(6) providing referrals to health care agencies,
168	168	health care providers, and community resources;
169	169	(7) serving as the primary care provider of record;
170	170	and
171	171	(8) performing other acts that require education and
172	172	training consistent with professional standards and that are
173	173	commensurate with the advanced practice registered nurse's
174	174	education, licensure, and demonstrated competencies and
175	175	experience.
176	176	(c) An advanced practice registered nurse authorized to
177	177	practice under this section shall practice as a licensed
178	178	independent practitioner in accordance with standards established
179	179	and recognized by the board to protect the public health and safety.
180	180	(d) An advanced practice registered nurse authorized to
181	181	practice under this section is accountable to patients, the nursing
182	182	profession, and the board for:
183	183	(1) complying with the requirements of this chapter;
184	184	(2) providing quality advanced nursing care;
185	185	(3) recognizing the nurse's limits of knowledge;
186	186	(4) planning for the management of situations beyond
187	187	the nurse's expertise; and
188	188	(5) consulting with or referring patients to other
189	189	health care providers as appropriate.
190	190	(e) This section does not limit or modify the scope of
191	191	practice of a nurse who is not authorized to practice under this
192	192	section.
193	193	(f) The board by rule shall establish:
194	194	(1) the application process for authorization to
195	195	practice under this section;
196	196	(2) eligibility requirements for authorization to
197	197	practice under this section, including any specialized education or
198	198	training, including pharmacology, that an advanced practice
199	199	registered nurse must obtain to practice under this section; and
200	200	(3) systems to:
201	201	(A) authorize an advanced practice registered
202	202	nurse to prescribe or order a drug or device under Section 301.358
203	203	when the board receives evidence of the completion of the
204	204	specialized education and training required under Subdivision (2);
205	205	and
206	206	(B) concurrently renew for an advanced practice
207	207	registered nurse:
208	208	(i) an authorization issued under this
209	209	section or Section 301.358; and
210	210	(ii) a license issued under Section 301.152
211	211	or renewed under Section 301.301.
212	212	(g) Rules adopted under Subsection (f)(2) must require that
213	213	the applicant:
214	214	(1) hold:
215	215	(A) an active, unencumbered license to practice
216	216	as an advanced practice registered nurse in this state;
217	217	(B) current national certification in the role
218	218	and population focus of the advanced practice registered nurse; and
219	219	(C) a bachelor's degree and a master's or
220	220	doctoral degree from a nationally accredited educational program;
221	221	(2) have completed academic coursework in physical
222	222	assessment, advanced pharmacology, and advanced pathophysiology;
223	223	and
224	224	(3) not be the subject of any pending disciplinary
225	225	action or substantially equivalent action.
226	226	(h) This section does not require an advanced practice
227	227	registered nurse to apply for authorization to practice under this
228	228	section.
229	229	Sec. 301.358. PRESCRIBING AND ORDERING AUTHORITY OF
230	230	ADVANCED PRACTICE REGISTERED NURSE. The board may authorize an
231	231	advanced practice registered nurse authorized to practice by the
232	232	board under Section 301.357 to prescribe and order drugs and
233	233	devices, including controlled substances listed in Schedules II,
234	234	III, IV, and V, dangerous drugs, and nonprescription drugs.
235	235	ARTICLE 2. INDEPENDENT ADVANCED PRACTICE REGISTERED NURSES AS
236	236	PROVIDERS IN CERTAIN GOVERNMENT EMPLOYEE HEALTH PLANS
237	237	SECTION 2.001. Subchapter E, Chapter 1551, Insurance Code,
238	238	is amended by adding Section 1551.232 to read as follows:
239	239	Sec. 1551.232. SERVICES PROVIDED BY INDEPENDENT ADVANCED
240	240	PRACTICE REGISTERED NURSE. (a) In this section, "independent
241	241	advanced practice registered nurse" means an advanced practice
242	242	registered nurse authorized to practice under Section 301.357,
243	243	Occupations Code.
244	244	(b) An administrator of the basic coverage plan provided
245	245	under this chapter shall pay for a covered health care service
246	246	provided to a participant by an independent advanced practice
247	247	registered nurse at a reimbursement rate applicable to services
248	248	provided by an independent advanced practice registered nurse
249	249	unless a physician supervising the independent advanced practice
250	250	registered nurse:
251	251	(1) made a decision regarding the participant's care
252	252	or treatment on the same date the independent advanced practice
253	253	registered nurse provided the service; and
254	254	(2) documented the decision in the participant's
255	255	medical record.
256	256	(c) A physician who does not make a decision regarding a
257	257	participant's care or treatment on the same date that an
258	258	independent advanced practice registered nurse supervised by the
259	259	physician provides a health care service to the participant shall
260	260	certify on a claim for reimbursement that the service was wholly
261	261	provided by the independent advanced practice registered nurse.
262	262	(d) An administrator of the basic coverage plan provided
263	263	under this chapter may consider independent advanced practice
264	264	registered nurses for purposes of network adequacy standards.
265	265	SECTION 2.002. Subchapter D, Chapter 1575, Insurance Code,
266	266	is amended by adding Section 1575.175 to read as follows:
267	267	Sec. 1575.175. SERVICES PROVIDED BY INDEPENDENT ADVANCED
268	268	PRACTICE REGISTERED NURSE. (a) In this section, "independent
269	269	advanced practice registered nurse" means an advanced practice
270	270	registered nurse authorized to practice under Section 301.357,
271	271	Occupations Code.
272	272	(b) An administrator of a basic plan provided under this
273	273	chapter shall pay for a covered health care service provided to an
274	274	enrollee by an independent advanced practice registered nurse at a
275	275	reimbursement rate applicable to services provided by an
276	276	independent advanced practice registered nurse unless a physician
277	277	supervising the independent advanced practice registered nurse:
278	278	(1) made a decision regarding the enrollee's care or
279	279	treatment on the same date the independent advanced practice
280	280	registered nurse provided the service; and
281	281	(2) documented the decision in the enrollee's medical
282	282	record.
283	283	(c) A physician who does not make a decision regarding an
284	284	enrollee's care or treatment on the same date that an independent
285	285	advanced practice registered nurse supervised by the physician
286	286	provides a health care service to the enrollee shall certify on a
287	287	claim for reimbursement that the service was wholly provided by the
288	288	independent advanced practice registered nurse.
289	289	(d) An administrator of a basic plan provided under this
290	290	chapter may consider independent advanced practice registered
291	291	nurses for purposes of network adequacy standards.
292	292	SECTION 2.003. Subchapter C, Chapter 1579, Insurance Code,
293	293	is amended by adding Section 1579.113 to read as follows:
294	294	Sec. 1579.113. SERVICES PROVIDED BY INDEPENDENT ADVANCED
295	295	PRACTICE REGISTERED NURSE. (a) In this section, "independent
296	296	advanced practice registered nurse" means an advanced practice
297	297	registered nurse authorized to practice under Section 301.357,
298	298	Occupations Code.
299	299	(b) An administrator of the primary care coverage plan
300	300	provided under this chapter shall pay for a covered health care
301	301	service provided to an enrollee by an independent advanced practice
302	302	registered nurse at a reimbursement rate applicable to services
303	303	provided by an independent advanced practice registered nurse
304	304	unless a physician supervising the independent advanced practice
305	305	registered nurse:
306	306	(1) made a decision regarding the enrollee's care or
307	307	treatment on the same date the independent advanced practice
308	308	registered nurse provided the service; and
309	309	(2) documented the decision in the enrollee's medical
310	310	record.
311	311	(c) A physician who does not make a decision regarding an
312	312	enrollee's care or treatment on the same date that an independent
313	313	advanced practice registered nurse supervised by the physician
314	314	provides a health care service to the enrollee shall certify on a
315	315	claim for reimbursement that the service was wholly provided by the
316	316	independent advanced practice registered nurse.
317	317	(d) An administrator of the primary care coverage plan
318	318	provided under this chapter may consider independent advanced
319	319	practice registered nurses for purposes of network adequacy
320	320	standards.
321	321	SECTION 2.004. Subchapter C, Chapter 1601, Insurance Code,
322	322	is amended by adding Section 1601.112 to read as follows:
323	323	Sec. 1601.112. SERVICES PROVIDED BY INDEPENDENT ADVANCED
324	324	PRACTICE REGISTERED NURSE. (a) In this section, "independent
325	325	advanced practice registered nurse" means an advanced practice
326	326	registered nurse authorized to practice under Section 301.357,
327	327	Occupations Code.
328	328	(b) An administrating carrier of basic coverage provided
329	329	under this chapter shall pay for a covered health care service
330	330	provided to an enrollee by an independent advanced practice
331	331	registered nurse at a reimbursement rate applicable to services
332	332	provided by an independent advanced practice registered nurse
333	333	unless a physician supervising the independent advanced practice
334	334	registered nurse:
335	335	(1) made a decision regarding the enrollee's care or
336	336	treatment on the same date the independent advanced practice
337	337	registered nurse provided the service; and
338	338	(2) documented the decision in the enrollee's medical
339	339	record.
340	340	(c) A physician who does not make a decision regarding an
341	341	enrollee's care or treatment on the same date that an independent
342	342	advanced practice registered nurse supervised by the physician
343	343	provides a health care service to the enrollee shall certify on a
344	344	claim for reimbursement that the service was wholly provided by the
345	345	independent advanced practice registered nurse.
346	346	(d) An administrating carrier of basic coverage provided
347	347	under this chapter may consider independent advanced practice
348	348	registered nurses for purposes of network adequacy standards.
349	349	SECTION 2.005. Not later than December 1, 2026, an
350	350	administrator to which Section 1551.232, 1575.175, 1579.113, or
351	351	1601.112, Insurance Code, as added by this article, applies shall
352	352	develop and submit a written report to the governor, lieutenant
353	353	governor, and members of the legislature on the cost savings
354	354	resulting from implementation of the applicable section.
355	355	SECTION 2.006. Sections 1551.232, 1575.175, 1579.113, and
356	356	1601.112, Insurance Code, as added by this article, apply only to a
357	357	health care service provided on or after January 1, 2026.
358	358	ARTICLE 3. CONFORMING AMENDMENTS
359	359	SECTION 3.001. Section 38.151(1), Education Code, is
360	360	amended to read as follows:
361	361	(1) "Advanced practice nurse" has the meaning assigned
362	362	to "advanced practice registered nurse" by Section 301.002
363	363	[301.152], Occupations Code.
364	364	SECTION 3.002. Section 38.211(a), Education Code, is
365	365	amended to read as follows:
366	366	(a) A physician, a [or] person who has been delegated
367	367	prescriptive authority under Chapter 157, Occupations Code, or an
368	368	advanced practice registered nurse authorized to prescribe and
369	369	order drugs and devices under Section 301.358, Occupations Code,
370	370	may prescribe epinephrine auto-injectors or medication for
371	371	respiratory distress in the name of a school district,
372	372	open-enrollment charter school, or private school.
373	373	SECTION 3.003. Section 38.225(a), Education Code, is
374	374	amended to read as follows:
375	375	(a) A physician, a [or] person who has been delegated
376	376	prescriptive authority under Chapter 157, Occupations Code, or an
377	377	advanced practice registered nurse authorized to prescribe and
378	378	order drugs and devices under Section 301.358, Occupations Code,
379	379	may prescribe opioid antagonists in the name of a school district,
380	380	open-enrollment charter school, or private school.
381	381	SECTION 3.004. Section 61.601, Education Code, is amended
382	382	to read as follows:
383	383	Sec. 61.601. DEFINITION. In this subchapter, "mental
384	384	health professional" means:
385	385	(1) a licensed physician who is:
386	386	(A) a graduate of an accredited psychiatric
387	387	residency training program; or
388	388	(B) certified in psychiatry by:
389	389	(i) the American Board of Psychiatry and
390	390	Neurology; or
391	391	(ii) the American Osteopathic Board of
392	392	Neurology and Psychiatry;
393	393	(2) a psychologist, as defined by Section 501.002,
394	394	Occupations Code;
395	395	(3) a licensed professional counselor, as defined by
396	396	Section 503.002, Occupations Code;
397	397	(4) an advanced practice registered nurse, as defined
398	398	by Section 301.002 [301.152], Occupations Code, who holds a
399	399	nationally recognized board certification in psychiatric or mental
400	400	health nursing;
401	401	(5) a licensed clinical social worker, as defined by
402	402	Section 505.002, Occupations Code;
403	403	(6) a licensed specialist in school psychology, as
404	404	defined by Section 501.002, Occupations Code;
405	405	(7) a chemical dependency counselor, as defined by
406	406	Section 504.001, Occupations Code; and
407	407	(8) a licensed marriage and family therapist, as
408	408	defined by Section 502.002, Occupations Code.
409	409	SECTION 3.005. Section 1101.100(1), Estates Code, is
410	410	amended to read as follows:
411	411	(1) "Advanced practice registered nurse" has the
412	412	meaning assigned by Section 301.002 [301.152], Occupations Code.
413	413	SECTION 3.006. Section 671.001(b), Government Code, is
414	414	amended to read as follows:
415	415	(b) The pilot program must provide for the following:
416	416	(1) either:
417	417	(A) both:
418	418	(i) a licensed advanced practice registered
419	419	nurse as defined by Section 301.002 [301.152], Occupations Code, or
420	420	a licensed physician assistant as described by Chapter 204,
421	421	Occupations Code, who is employed by the state or whose services are
422	422	acquired by contract, who will be located at a state office complex;
423	423	and
424	424	(ii) [(2)] a licensed physician, who is
425	425	employed by a state governmental entity for purposes other than the
426	426	pilot program or whose services are acquired by contract, who will
427	427	delegate to and supervise the advanced practice registered nurse or
428	428	physician assistant under a prescriptive authority agreement under
429	429	Chapter 157, Occupations Code; or
430	430	(B) an advanced practice registered nurse
431	431	authorized to practice under Section 301.357, Occupations Code;
432	432	(2) [(3)] appropriate office space and equipment for
433	433	the advanced practice registered nurse or physician assistant to
434	434	provide basic medical care to employees at the state office complex
435	435	where the nurse or physician assistant is located; and
436	436	(3) [(4)] professional liability insurance covering
437	437	services provided by the advanced practice registered nurse or the
438	438	physician assistant.
439	439	SECTION 3.007. Section 47.011(a), Health and Safety Code,
440	440	is amended to read as follows:
441	441	(a) In this section, "midwife" has the meaning assigned by
442	442	Section 203.002, Occupations Code, and includes a nurse midwife
443	443	[described by Section 301.152, Occupations Code].
444	444	SECTION 3.008. Sections 161.0052(b) and (c), Health and
445	445	Safety Code, are amended to read as follows:
446	446	(b) The executive commissioner by rule shall require a
447	447	hospital to inform each elderly person admitted to the hospital for
448	448	a period of 24 hours or more that the pneumococcal and influenza
449	449	vaccines are available. If the elderly person requests a vaccine,
450	450	and if a physician, or an advanced nurse practitioner or physician
451	451	assistant on behalf of a physician, or an advanced practice
452	452	registered nurse authorized to prescribe and order drugs and
453	453	devices under Section 301.358, Occupations Code, determines that
454	454	the vaccine is in the person's best interest, the hospital must make
455	455	the vaccination available to the person before the person is
456	456	discharged from the hospital.
457	457	(c) The executive commissioner by rule shall require an end
458	458	stage renal disease facility to offer, to the extent possible as
459	459	determined by the facility, the opportunity to receive the
460	460	pneumococcal and influenza vaccines to each elderly person who
461	461	receives ongoing care at the facility if a physician, or an advanced
462	462	nurse practitioner or physician assistant on behalf of a physician,
463	463	or an advanced practice registered nurse authorized to prescribe
464	464	and order drugs and devices under Section 301.358, Occupations
465	465	Code, determines that the vaccine is in the person's best
466	466	interest. If the facility decides it is not feasible to offer the
467	467	vaccine, the facility must provide the person with information on
468	468	other options for obtaining the vaccine.
469	469	SECTION 3.009. Section 401.504(d), Health and Safety Code,
470	470	is amended to read as follows:
471	471	(d) This subchapter does not apply to a physician, [or to] a
472	472	physician's employee or delegate acting under Chapter 157,
473	473	Occupations Code, or an advanced practice registered nurse
474	474	authorized to prescribe and order drugs and devices under Section
475	475	301.358, Occupations Code.
476	476	SECTION 3.010. Section 481.002(39), Health and Safety Code,
477	477	is amended to read as follows:
478	478	(39) "Practitioner" means:
479	479	(A) a physician, dentist, veterinarian,
480	480	podiatrist, scientific investigator, advanced practice registered
481	481	nurse authorized to prescribe and order drugs and devices under
482	482	Section 301.358, Occupations Code, or other person licensed,
483	483	registered, or otherwise permitted to distribute, dispense,
484	484	analyze, conduct research with respect to, or administer a
485	485	controlled substance in the course of professional practice or
486	486	research in this state;
487	487	(B) a pharmacy, hospital, or other institution
488	488	licensed, registered, or otherwise permitted to distribute,
489	489	dispense, conduct research with respect to, or administer a
490	490	controlled substance in the course of professional practice or
491	491	research in this state;
492	492	(C) a person practicing in and licensed by
493	493	another state as a physician, dentist, veterinarian, advanced
494	494	practice registered nurse, or podiatrist, having a current Federal
495	495	Drug Enforcement Administration registration number, who may
496	496	legally prescribe Schedule II, III, IV, or V controlled substances
497	497	in that state; or
498	498	(D) an advanced practice registered nurse or
499	499	physician assistant to whom a physician has delegated the authority
500	500	to prescribe or order a drug or device under Section 157.0511,
501	501	157.0512, or 157.054, Occupations Code.
502	502	SECTION 3.011. Section 481.074(d), Health and Safety Code,
503	503	is amended to read as follows:
504	504	(d) Except as specified in Subsections (e) and (f), the
505	505	board, by rule and in consultation with the Texas Medical Board and
506	506	the Texas Board of Nursing, shall establish the period after the
507	507	date on which the prescription is issued that a person may fill a
508	508	prescription for a controlled substance listed in Schedule II. A
509	509	person may not refill a prescription for a substance listed in
510	510	Schedule II.
511	511	SECTION 3.012. Section 481.076(c), Health and Safety Code,
512	512	is amended to read as follows:
513	513	(c) The board by rule shall design and implement a system
514	514	for submission of information to the board by electronic or other
515	515	means and for retrieval of information submitted to the board under
516	516	this section and Sections 481.074 and 481.075. The board shall use
517	517	automated information security techniques and devices to preclude
518	518	improper access to the information. The board shall submit the
519	519	system design to the director, [and] the Texas Medical Board, and
520	520	the Texas Board of Nursing for review and comment a reasonable time
521	521	before implementation of the system and shall comply with the
522	522	comments of those agencies unless it is unreasonable to do so.
523	523	SECTION 3.013. Section 481.0767(b), Health and Safety Code,
524	524	is amended to read as follows:
525	525	(b) The board shall appoint the following members to the
526	526	advisory committee:
527	527	(1) a physician licensed in this state who practices
528	528	in pain management;
529	529	(2) a physician licensed in this state who practices
530	530	in family medicine;
531	531	(3) a physician licensed in this state who performs
532	532	surgery;
533	533	(4) a physician licensed in this state who practices
534	534	in emergency medicine at a hospital;
535	535	(5) a physician licensed in this state who practices
536	536	in psychiatry;
537	537	(6) an oral and maxillofacial surgeon;
538	538	(7) a physician assistant or advanced practice
539	539	registered nurse to whom a physician has delegated the authority to
540	540	prescribe or order a drug or an advanced practice registered nurse
541	541	authorized to prescribe and order drugs and devices under Section
542	542	301.358, Occupations Code;
543	543	(8) a pharmacist working at a chain pharmacy;
544	544	(9) a pharmacist working at an independent pharmacy;
545	545	(10) an academic pharmacist; and
546	546	(11) two representatives of the health information
547	547	technology industry, at least one of whom is a representative of a
548	548	company whose primary line of business is electronic medical
549	549	records.
550	550	SECTION 3.014. Sections 483.001(4), (12), and (13), Health
551	551	and Safety Code, are amended to read as follows:
552	552	(4) "Designated agent" means:
553	553	(A) a licensed nurse, physician assistant,
554	554	pharmacist, or other individual designated by a practitioner to
555	555	communicate prescription drug orders to a pharmacist;
556	556	(B) a licensed nurse, physician assistant, or
557	557	pharmacist employed in a health care facility to whom the
558	558	practitioner communicates a prescription drug order; or
559	559	(C) an advanced practice [a] registered nurse or
560	560	physician assistant authorized by a practitioner to carry out a
561	561	prescription drug order for dangerous drugs under Subchapter B,
562	562	Chapter 157, Occupations Code.
563	563	(12) "Practitioner" means:
564	564	(A) a person licensed by:
565	565	(i) the Texas Medical Board, State Board of
566	566	Dental Examiners, Texas Optometry Board, or State Board of
567	567	Veterinary Medical Examiners to prescribe and administer dangerous
568	568	drugs; or
569	569	(ii) the Texas Department of Licensing and
570	570	Regulation, with respect to podiatry, to prescribe and administer
571	571	dangerous drugs;
572	572	(B) a person licensed by another state in a
573	573	health field in which, under the laws of this state, a licensee may
574	574	legally prescribe dangerous drugs;
575	575	(C) a person licensed in Canada or Mexico in a
576	576	health field in which, under the laws of this state, a licensee may
577	577	legally prescribe dangerous drugs; [or]
578	578	(D) an advanced practice registered nurse or
579	579	physician assistant to whom a physician has delegated the authority
580	580	to prescribe or order a drug or device under Section 157.0511,
581	581	157.0512, or 157.054, Occupations Code; or
582	582	(E) an advanced practice registered nurse
583	583	authorized to prescribe and order drugs and devices under Section
584	584	301.358, Occupations Code.
585	585	(13) "Prescription" means an order from a
586	586	practitioner, or an agent of the practitioner designated in writing
587	587	as authorized to communicate prescriptions, or an order made in
588	588	accordance with Subchapter B, Chapter 157, Occupations Code, or
589	589	Section 203.353, Occupations Code, to a pharmacist for a dangerous
590	590	drug to be dispensed that states:
591	591	(A) the date of the order's issue;
592	592	(B) the name and address of the patient;
593	593	(C) if the drug is prescribed for an animal, the
594	594	species of the animal;
595	595	(D) the name and quantity of the drug prescribed;
596	596	(E) the directions for the use of the drug;
597	597	(F) the intended use of the drug unless the
598	598	practitioner determines the furnishing of this information is not
599	599	in the best interest of the patient;
600	600	(G) the name, address, and telephone number of
601	601	the practitioner at the practitioner's usual place of business,
602	602	legibly printed or stamped; and
603	603	(H) the name, address, and telephone number of
604	604	the licensed midwife, advanced practice registered nurse, or
605	605	physician assistant, legibly printed or stamped, if signed by a
606	606	licensed midwife, advanced practice registered nurse, or physician
607	607	assistant.
608	608	SECTION 3.015. Section 483.022(f), Health and Safety Code,
609	609	is amended to read as follows:
610	610	(f) A practitioner may designate a person who is a licensed
611	611	vocational nurse or has an education equivalent to or greater than
612	612	that required for a licensed vocational nurse to communicate
613	613	prescriptions of an advanced practice registered nurse or physician
614	614	assistant authorized by the practitioner to sign prescription drug
615	615	orders under Subchapter B, Chapter 157, Occupations Code, or of an
616	616	advanced practice registered nurse authorized to prescribe and
617	617	order drugs and devices under Section 301.358, Occupations Code.
618	618	SECTION 3.016. Section 483.042(a), Health and Safety Code,
619	619	is amended to read as follows:
620	620	(a) A person commits an offense if the person delivers or
621	621	offers to deliver a dangerous drug:
622	622	(1) unless:
623	623	(A) the dangerous drug is delivered or offered
624	624	for delivery by a pharmacist under:
625	625	(i) a prescription issued by a practitioner
626	626	described by Section 483.001(12)(A), [or] (B), or (E);
627	627	(ii) a prescription signed by an advanced
628	628	practice [a] registered nurse or physician assistant in accordance
629	629	with Subchapter B, Chapter 157, Occupations Code; or
630	630	(iii) an original written prescription
631	631	issued by a practitioner described by Section 483.001(12)(C); and
632	632	(B) a label is attached to the immediate
633	633	container in which the drug is delivered or offered to be delivered
634	634	and the label contains the following information:
635	635	(i) the name and address of the pharmacy
636	636	from which the drug is delivered or offered for delivery;
637	637	(ii) the date the prescription for the drug
638	638	is dispensed;
639	639	(iii) the number of the prescription as
640	640	filed in the prescription files of the pharmacy from which the
641	641	prescription is dispensed;
642	642	(iv) the name of the practitioner who
643	643	prescribed the drug and, if applicable, the name of the advanced
644	644	practice registered nurse or physician assistant who signed the
645	645	prescription;
646	646	(v) the name of the patient and, if the drug
647	647	is prescribed for an animal, a statement of the species of the
648	648	animal; and
649	649	(vi) directions for the use of the drug as
650	650	contained in the prescription; or
651	651	(2) unless:
652	652	(A) the dangerous drug is delivered or offered
653	653	for delivery by:
654	654	(i) a practitioner in the course of
655	655	practice; or
656	656	(ii) an advanced practice [a] registered
657	657	nurse or physician assistant in the course of practice in
658	658	accordance with Subchapter B, Chapter 157, Occupations Code; and
659	659	(B) a label is attached to the immediate
660	660	container in which the drug is delivered or offered to be delivered
661	661	and the label contains the following information:
662	662	(i) the name and address of the
663	663	practitioner who prescribed the drug, and if applicable, the name
664	664	and address of the advanced practice registered nurse or physician
665	665	assistant;
666	666	(ii) the date the drug is delivered;
667	667	(iii) the name of the patient and, if the
668	668	drug is prescribed for an animal, a statement of the species of the
669	669	animal; and
670	670	(iv) the name of the drug, the strength of
671	671	the drug, and directions for the use of the drug.
672	672	SECTION 3.017. Section 773.0145(k), Health and Safety Code,
673	673	is amended to read as follows:
674	674	(k) A physician, a [or] person who has been delegated
675	675	prescriptive authority under Chapter 157, Occupations Code, or an
676	676	advanced practice registered nurse authorized to prescribe and
677	677	order drugs and devices under Section 301.358, Occupations Code,
678	678	may prescribe epinephrine auto-injectors in the name of an entity.
679	679	SECTION 3.018. Section 32.024(gg), Human Resources Code, is
680	680	amended to read as follows:
681	681	(gg) Notwithstanding any other law, including Sections
682	682	843.312 and 1301.052, Insurance Code, the commission shall ensure
683	683	that advanced practice registered nurses and physician assistants
684	684	may be selected by and assigned to recipients of medical assistance
685	685	as the primary care providers of those recipients regardless of
686	686	whether, if applicable, the physician supervising the advanced
687	687	practice registered nurse is included in any directory of providers
688	688	of medical assistance maintained by the commission. This
689	689	subsection may not be construed as authorizing the commission to
690	690	supervise or control the practice of medicine as prohibited by
691	691	Subtitle B, Title 3, Occupations Code. The commission must require
692	692	that advanced practice registered nurses and physician assistants
693	693	be treated in the same manner as primary care physicians with regard
694	694	to:
695	695	(1) selection and assignment as primary care
696	696	providers; and
697	697	(2) inclusion as primary care providers in any
698	698	directory of providers of medical assistance maintained by the
699	699	commission.
700	700	SECTION 3.019. Section 32.03141, Human Resources Code, is
701	701	amended to read as follows:
702	702	Sec. 32.03141. AUTHORITY OF ADVANCED PRACTICE REGISTERED
703	703	NURSES AND PHYSICIAN ASSISTANTS REGARDING DURABLE MEDICAL
704	704	EQUIPMENT AND SUPPLIES. To the extent allowed by federal law, in
705	705	addition to other health care practitioners authorized by federal
706	706	law, the following persons may order and prescribe durable medical
707	707	equipment and supplies under the medical assistance program:
708	708	(1) an advanced practice registered nurse authorized
709	709	to prescribe and order drugs and devices under Section 301.358,
710	710	Occupations Code; and
711	711	(2) an advanced practice registered nurse or physician
712	712	assistant acting under adequate physician supervision and to whom a
713	713	physician has delegated the authority to prescribe and order drugs
714	714	and devices under Chapter 157, Occupations Code[, may order and
715	715	prescribe durable medical equipment and supplies under the medical
716	716	assistance program].
717	717	SECTION 3.020. Section 42.067(b), Human Resources Code, is
718	718	amended to read as follows:
719	719	(b) A physician, [or] a person who has been delegated
720	720	prescriptive authority under Chapter 157, Occupations Code, or an
721	721	advanced practice registered nurse authorized to prescribe and
722	722	order drugs and devices under Section 301.358, Occupations Code,
723	723	may prescribe epinephrine auto-injectors in the name of a day-care
724	724	center.
725	725	SECTION 3.021. Section 843.312, Insurance Code, is amended
726	726	to read as follows:
727	727	Sec. 843.312. PHYSICIAN ASSISTANTS AND ADVANCED PRACTICE
728	728	REGISTERED NURSES. (a) A health maintenance organization may not
729	729	refuse a request by a physician participating in the health
730	730	maintenance organization delivery network and a physician
731	731	assistant or advanced practice registered nurse who is authorized
732	732	by the physician to provide care under Subchapter B, Chapter 157,
733	733	Occupations Code, or an advanced practice registered nurse
734	734	authorized to prescribe and order drugs and devices under Section
735	735	301.358, Occupations Code, to identify a physician assistant or
736	736	advanced practice registered nurse as a provider in the network.
737	737	(b) A health maintenance organization may refuse a request
738	738	under Subsection (a) if the physician assistant or advanced
739	739	practice registered nurse does not meet the quality of care
740	740	standards previously established by the health maintenance
741	741	organization for participation in the network by physician
742	742	assistants and advanced practice registered nurses.
743	743	SECTION 3.022. Section 1301.001(1-a), Insurance Code, is
744	744	amended to read as follows:
745	745	(1-a) "Health care provider" means a practitioner,
746	746	institutional provider, or other person or organization that
747	747	furnishes health care services and that is licensed or otherwise
748	748	authorized to practice in this state. The term includes a
749	749	pharmacist, [and] a pharmacy, and an advanced practice registered
750	750	nurse authorized to practice under Section 301.357, Occupations
751	751	Code. The term does not include a physician.
752	752	SECTION 3.023. Section 1452.051(1), Insurance Code, is
753	753	amended to read as follows:
754	754	(1) "Advanced practice nurse" has the meaning assigned
755	755	to "advanced practice registered nurse" by Section 301.002
756	756	[301.152], Occupations Code.
757	757	SECTION 3.024. Section 408.025, Labor Code, is amended by
758	758	amending Subsection (a-1) and adding Subsection (a-2) to read as
759	759	follows:
760	760	(a-1) A [treating doctor may delegate to a physician
761	761	assistant who is licensed to practice in this state under Chapter
762	762	204, Occupations Code, or an advanced practice registered nurse who
763	763	is licensed to practice in this state under Chapter 301,
764	764	Occupations Code, the authority to complete and sign a] work status
765	765	report regarding an injured employee's ability to return to work
766	766	may be completed and signed by:
767	767	(1) a physician assistant licensed to practice in this
768	768	state under Chapter 204, Occupations Code, who has been delegated
769	769	the authority by a treating doctor;
770	770	(2) an advanced practice registered nurse licensed to
771	771	practice in this state under Chapter 301, Occupations Code, who has
772	772	been delegated the authority by a treating doctor; or
773	773	(3) an advanced practice registered nurse authorized
774	774	to practice under Section 301.357, Occupations Code.
775	775	(a-2) The delegating treating doctor is responsible for the
776	776	acts of a [the] physician assistant [or advanced practice
777	777	registered nurse] under Subsection (a-1)(1) or an advanced practice
778	778	registered nurse under Subsection (a-1)(2) [this subsection].
779	779	SECTION 3.025. Section 157.051(1), Occupations Code, is
780	780	amended to read as follows:
781	781	(1) "Advanced practice registered nurse" has the
782	782	meaning assigned [to that term] by Section 301.002 [301.152]. [The
783	783	term includes an advanced nurse practitioner and advanced practice
784	784	nurse.]
785	785	SECTION 3.026. Section 203.002(2), Occupations Code, is
786	786	amended to read as follows:
787	787	(2) "Certified nurse-midwife" means an advanced
788	788	practice [a person who is:
789	789	[(A) a] registered nurse [under Chapter 301;
790	790	[(B) recognized as an advanced nurse
791	791	practitioner by the Texas Board of Nursing; and
792	792	[(C)] certified by the American College of
793	793	Nurse-Midwives.
794	794	SECTION 3.027. Sections 551.003(14) and (34), Occupations
795	795	Code, are amended to read as follows:
796	796	(14) "Designated agent" means:
797	797	(A) an individual, including a licensed nurse,
798	798	physician assistant, or pharmacist:
799	799	(i) who is designated by a practitioner and
800	800	authorized to communicate a prescription drug order to a
801	801	pharmacist; and
802	802	(ii) for whom the practitioner assumes
803	803	legal responsibility;
804	804	(B) a licensed nurse, physician assistant, or
805	805	pharmacist employed in a health care facility to whom a
806	806	practitioner communicates a prescription drug order; or
807	807	(C) an advanced practice [a] registered nurse or
808	808	physician assistant authorized by a practitioner to administer a
809	809	prescription drug order for a dangerous drug under Subchapter B,
810	810	Chapter 157.
811	811	(34) "Practitioner" means:
812	812	(A) a person licensed or registered to prescribe,
813	813	distribute, administer, or dispense a prescription drug or device
814	814	in the course of professional practice in this state, including a
815	815	physician, dentist, podiatrist, advanced practice registered nurse
816	816	authorized to prescribe and order drugs and devices under Section
817	817	301.358, or veterinarian but excluding a person licensed under this
818	818	subtitle;
819	819	(B) a person licensed by another state, Canada,
820	820	or the United Mexican States in a health field in which, under the
821	821	law of this state, a license holder in this state may legally
822	822	prescribe a dangerous drug;
823	823	(C) a person practicing in another state and
824	824	licensed by another state as a physician, dentist, veterinarian,
825	825	advanced practice registered nurse, or podiatrist, who has a
826	826	current federal Drug Enforcement Administration registration
827	827	number and who may legally prescribe a Schedule II, III, IV, or V
828	828	controlled substance, as specified under Chapter 481, Health and
829	829	Safety Code, in that other state; or
830	830	(D) an advanced practice registered nurse or
831	831	physician assistant to whom a physician has delegated the authority
832	832	to prescribe or order a drug or device under Section 157.0511,
833	833	157.0512, or 157.054.
834	834	SECTION 3.028. Section 563.051(e), Occupations Code, is
835	835	amended to read as follows:
836	836	(e) A practitioner may designate a licensed vocational
837	837	nurse or a person having education equivalent to or greater than
838	838	that required for a licensed vocational nurse to communicate the
839	839	prescriptions of an advanced practice registered nurse or physician
840	840	assistant authorized by the practitioner to sign prescription drug
841	841	orders under Subchapter B, Chapter 157, or of an advanced practice
842	842	registered nurse authorized to prescribe and order drugs and
843	843	devices under Section 301.358.
844	844	SECTION 3.029. Section 563.053, Occupations Code, is
845	845	amended to read as follows:
846	846	Sec. 563.053. DISPENSING OF DANGEROUS DRUGS IN CERTAIN
847	847	RURAL AREAS. (a) In this section:
848	848	(1) "Advanced practice registered nurse" has the
849	849	meaning assigned by Section 301.002.
850	850	(2) "Reimbursement [, "reimbursement] for cost" means
851	851	an additional charge, separate from that imposed for the
852	852	physician's or advanced practice registered nurse's professional
853	853	services, that includes the cost of the drug product and all other
854	854	actual costs to the physician or advanced practice registered nurse
855	855	incidental to providing the dispensing service. The term does not
856	856	include a separate fee imposed for the act of dispensing the drug
857	857	itself.
858	858	(a-1) This section applies to an advanced practice
859	859	registered nurse only to the extent that the advanced practice
860	860	registered nurse is authorized to prescribe and order drugs and
861	861	devices under Section 301.358.
862	862	(b) This section applies to an area located in a county with
863	863	a population of 5,000 or less, or in a municipality or an
864	864	unincorporated town with a population of less than 2,500, that is
865	865	within a 15-mile radius of the physician's or advanced practice
866	866	registered nurse's office and in which a pharmacy is not located.
867	867	This section does not apply to a municipality or an unincorporated
868	868	town that is adjacent to a municipality with a population of 2,500
869	869	or more.
870	870	(c) A physician who practices medicine or advanced practice
871	871	registered nurse who practices advanced practice registered
872	872	nursing in an area described by Subsection (b) may:
873	873	(1) maintain a supply of dangerous drugs in the
874	874	physician's or advanced practice registered nurse's office to be
875	875	dispensed in the course of treating the physician's or advanced
876	876	practice registered nurse's patients; and
877	877	(2) be reimbursed for the cost of supplying those
878	878	drugs without obtaining a license under Chapter 558.
879	879	(d) A physician or advanced practice registered nurse who
880	880	dispenses dangerous drugs under Subsection (c) shall:
881	881	(1) comply with each labeling provision under this
882	882	subtitle applicable to that class of drugs; and
883	883	(2) oversee compliance with packaging and
884	884	recordkeeping provisions applicable to that class of drugs.
885	885	(e) A physician who desires to dispense dangerous drugs
886	886	under this section shall notify both the board and the Texas Medical
887	887	[State] Board [of Medical Examiners] that the physician practices
888	888	in an area described by Subsection (b). An advanced practice
889	889	registered nurse who desires to dispense dangerous drugs under this
890	890	section shall notify both the board and the Texas Board of Nursing
891	891	that the advanced practice registered nurse practices in an area
892	892	described by Subsection (b). The physician or advanced practice
893	893	registered nurse may continue to dispense dangerous drugs in the
894	894	area until the board determines, after notice and hearing, that the
895	895	physician or advanced practice registered nurse no longer practices
896	896	in an area described by Subsection (b).
897	897	SECTION 3.030. Sections 605.002(14) and (18), Occupations
898	898	Code, are amended to read as follows:
899	899	(14) "Orthotics" means the science and practice of
900	900	measuring, designing, fabricating, assembling, fitting, adjusting,
901	901	or servicing an orthosis under an order from a licensed physician,
902	902	chiropractor, [or] podiatrist, or advanced practice registered
903	903	nurse authorized to prescribe and order drugs and devices under
904	904	Section 301.358, or an advanced practice registered nurse or
905	905	physician assistant acting under the delegation and supervision of
906	906	a licensed physician as provided by Subchapter B, Chapter 157, and
907	907	rules adopted by the Texas Medical Board, for the correction or
908	908	alleviation of a neuromuscular or musculoskeletal dysfunction,
909	909	disease, injury, or deformity.
910	910	(18) "Prosthetics" means the science and practice of
911	911	measuring, designing, fabricating, assembling, fitting, adjusting,
912	912	or servicing a prosthesis under an order from a licensed physician,
913	913	chiropractor, [or] podiatrist, or advanced practice registered
914	914	nurse authorized to prescribe and order drugs and devices under
915	915	Section 301.358, or an advanced practice registered nurse or
916	916	physician assistant acting under the delegation and supervision of
917	917	a licensed physician as provided by Subchapter B, Chapter 157, and
918	918	rules adopted by the Texas Medical Board.
919	919	SECTION 3.031. Section 605.2515, Occupations Code, is
920	920	amended to read as follows:
921	921	Sec. 605.2515. ADDITIONAL LICENSE: DEVICE MANUFACTURER. A
922	922	person licensed to practice orthotics or prosthetics who measures,
923	923	designs, fabricates, fits, assembles, adjusts, or services an
924	924	orthosis or a prosthesis under an order from a licensed physician,
925	925	chiropractor, [or] podiatrist, or advanced practice registered
926	926	nurse authorized to prescribe and order drugs and devices under
927	927	Section 301.358, or an advanced practice registered nurse or
928	928	physician assistant acting under the delegation and supervision of
929	929	a licensed physician as provided by Subchapter B, Chapter 157, and
930	930	rules adopted by the Texas Medical Board, for a specific patient is
931	931	exempt from licensing as a device manufacturer under Subchapter L,
932	932	Chapter 431, Health and Safety Code. A person licensed to practice
933	933	orthotics or prosthetics who fabricates or assembles an orthosis or
934	934	a prosthesis without an order from a licensed physician,
935	935	chiropractor, [or] podiatrist, or advanced practice registered
936	936	nurse authorized to prescribe and order drugs and devices under
937	937	Section 301.358, or an advanced practice registered nurse or
938	938	physician assistant acting under the delegation and supervision of
939	939	a licensed physician as provided by Subchapter B, Chapter 157, and
940	940	rules adopted by the Texas Medical Board, for a specific patient is
941	941	required to be licensed as a device manufacturer under Subchapter
942	942	L, Chapter 431, Health and Safety Code.
943	943	SECTION 3.032. Section 1701.703(a), Occupations Code, is
944	944	amended to read as follows:
945	945	(a) A physician, [or] a person who has been delegated
946	946	prescriptive authority under Chapter 157, or an advanced practice
947	947	registered nurse authorized to prescribe and order drugs and
948	948	devices under Section 301.358, [Occupations Code,] may prescribe
949	949	epinephrine auto-injectors in the name of a law enforcement agency.
950	950	ARTICLE 4. REPEALER
951	951	SECTION 4.001. Section 301.152(a), Occupations Code, is
952	952	repealed.
953	953	ARTICLE 5. TRANSITION AND EFFECTIVE DATE
954	954	SECTION 5.001. Not later than February 1, 2026, the Texas
955	955	Board of Nursing shall adopt the rules necessary to implement the
956	956	changes in law made by this Act.
957	957	SECTION 5.002. This Act takes effect September 1, 2025.