| 1 | 1 | | 89R9679 BEE-F |
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| 2 | 2 | | By: Howard H.B. No. 5533 |
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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 in a narcotic drug treatment program by certain advanced |
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| 11 | 11 | | practice registered nurses and 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. Section 157.0511(b-1), Occupations Code, is |
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| 14 | 14 | | amended to read as follows: |
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| 15 | 15 | | (b-1) A physician may delegate the prescribing or ordering |
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| 16 | 16 | | of a controlled substance listed in Schedule II as established by |
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| 17 | 17 | | the commissioner of the Department of State Health Services under |
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| 18 | 18 | | Chapter 481, Health and Safety Code, only: |
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| 19 | 19 | | (1) in a hospital facility-based practice under |
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| 20 | 20 | | Section 157.054, in accordance with policies approved by the |
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| 21 | 21 | | hospital's medical staff or a committee of the hospital's medical |
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| 22 | 22 | | staff as provided by the hospital bylaws to ensure patient safety, |
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| 23 | 23 | | and as part of the care provided to a patient who: |
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| 24 | 24 | | (A) has been admitted to the hospital for an |
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| 25 | 25 | | intended length of stay of 24 hours or greater; or |
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| 26 | 26 | | (B) is receiving services in the emergency |
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| 27 | 27 | | department of the hospital; [or] |
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| 28 | 28 | | (2) as part of the plan of care for the treatment of a |
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| 29 | 29 | | person who has executed a written certification of a terminal |
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| 30 | 30 | | illness, has elected to receive hospice care, and is receiving |
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| 31 | 31 | | hospice treatment from a qualified hospice provider; or |
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| 32 | 32 | | (3) as part of a narcotic drug treatment program that |
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| 33 | 33 | | has been issued a permit under Chapter 466, Health and Safety Code. |
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| 34 | 34 | | SECTION 2. This Act takes effect immediately if it receives |
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| 35 | 35 | | a vote of two-thirds of all the members elected to each house, as |
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| 36 | 36 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 37 | 37 | | Act does not receive the vote necessary for immediate effect, this |
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| 38 | 38 | | Act takes effect September 1, 2025. |
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