84R2767 JSC-D
 
  By: Schwertner S.B. No. 196
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to controlled substance registration by physician
  assistants and advanced practice registered nurses; imposing
  penalties; imposing fees.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 481.061(c), Health and Safety Code, is
  amended to read as follows:
         (c)  A separate registration is required at each principal
  place of business or professional practice where the applicant
  manufactures, distributes, analyzes, dispenses, or possesses a
  controlled substance, except that the director may not require
  separate registration for:
               (1)  a physician licensed under Subtitle B, Title 3,
  Occupations Code, a physician assistant licensed under Chapter 204,
  Occupations Code, or a registered nurse licensed as an advanced
  practice registered nurse under Section 301.152, Occupations Code;
  or
               (2)  a practitioner engaged in research with a
  nonnarcotic controlled substance listed in Schedules II through V
  if the registrant is already registered under this subchapter in
  another capacity.
         SECTION 2.  Section 481.063(g), Health and Safety Code, is
  amended to read as follows:
         (g)  Except as otherwise provided by Section 481.0645 for a
  physician licensed under Subtitle B, Title 3, Occupations Code, by
  Section 481.0646 for a physician assistant licensed under Chapter
  204, Occupations Code, or by Section 481.0647 for a registered
  nurse licensed as an advanced practice registered nurse under
  Section 301.152, Occupations Code, a registration is valid until
  the first anniversary of the date of issuance and may be renewed
  annually under rules adopted by the director, unless a rule
  provides for a longer period of validity or renewal.
         SECTION 3.  Section 481.064, Health and Safety Code, is
  amended by amending Subsection (a) and adding Subsection (a-2) to
  read as follows:
         (a)  Except as otherwise provided by Section 481.0645 for a
  physician licensed under Subtitle B, Title 3, Occupations Code, by
  Section 481.0646 for a physician assistant licensed under Chapter
  204, Occupations Code, or by Section 481.0647 for a registered
  nurse licensed as an advanced practice registered nurse under
  Section 301.152, Occupations Code, the director may charge a
  nonrefundable fee of not more than $25 before processing an
  application for annual registration and may charge a late fee of not
  more than $50 for each application for renewal the department
  receives after the date the registration expires.  The director by
  rule shall set the amounts of the fees at the amounts that are
  necessary to cover the cost of administering and enforcing this
  subchapter.  Except as provided by Subsection (b) or by Section
  156.004, 204.1561, or 301.1525, Occupations Code, registrants
  shall pay the fees to the director.  Not later than 60 days before
  the date the registration expires, the director shall send a
  renewal notice to the registrant at the last known address of the
  registrant according to department records, unless the registrant
  is a physician to whom notice of expiration is provided under
  Section 156.004, Occupations Code, a physician assistant to whom
  notice of expiration is provided under Section 204.1561,
  Occupations Code, or an advanced practice registered nurse to whom
  notice of expiration is provided under Section 301.1525,
  Occupations Code.
         (a-2)  Notwithstanding Subsection (a), the director shall
  continue to send renewal notices to registrants who are physician
  assistants or advanced practice registered nurses.  This
  subsection expires January 1, 2018.
         SECTION 4.  Subchapter C, Chapter 481, Health and Safety
  Code, is amended by adding Sections 481.0646 and 481.0647 to read as
  follows:
         Sec. 481.0646.  REGISTRATION, RENEWAL, AND FEES FOR
  PHYSICIAN ASSISTANTS. (a) The registration under this chapter of a
  physician assistant licensed under Chapter 204, Occupations Code,
  is valid for a period of not less than two years and expires on the
  same date the physician assistant's license issued by the Texas
  Physician Assistant Board under Chapter 204, Occupations Code,
  expires.
         (a-1)  Notwithstanding Subsection (a), a registration of a
  physician assistant licensed under Chapter 204, Occupations Code,
  that is in effect on January 1, 2016, expires on the date on which
  the physician assistant's license to practice as a physician
  assistant issued by the Texas Physician Assistant Board under
  Chapter 204, Occupations Code, expires. This subsection expires
  January 1, 2019.
         (b)  The director may charge a physician assistant who is
  registered under this section:
               (1)  a nonrefundable registration fee of not more than
  $50; and
               (2)  a late fee for each application submitted after
  the expiration of the license issued under Chapter 204, Occupations
  Code.
         (c)  A physician assistant may request the renewal of the
  physician assistant's registration under this chapter by remitting
  the information required under Section 481.063 and the fee required
  under Subsection (b) to the Texas Physician Assistant Board. The
  Texas Physician Assistant Board must allow a physician assistant to
  submit the information and pay the fee electronically.
         (d)  A physician assistant requesting renewal under this
  section must meet all eligibility requirements under Section
  481.063(e).
         (e)  The director shall adopt any rules necessary to
  administer this section. The director shall coordinate with the
  Texas Physician Assistant Board in the adoption of rules necessary
  under this section to prevent any conflicts between rules adopted
  by the agencies and to ensure that administrative burden to
  physician assistants is minimized.
         Sec. 481.0647.  REGISTRATION, RENEWAL, AND FEES FOR ADVANCED
  PRACTICE REGISTERED NURSES. (a) The registration under this chapter
  of a registered nurse licensed as an advanced practice registered
  nurse under Section 301.152, Occupations Code, is valid for a
  period of not less than two years and expires on the same date the
  nurse's license issued by the Texas Board of Nursing under Chapter
  301, Occupations Code, expires.
         (a-1)  Notwithstanding Subsection (a), a registration of a
  registered nurse licensed as an advanced practice registered nurse
  under Section 301.152, Occupations Code, that is in effect on
  January 1, 2016, expires on the date on which the nurse's license to
  practice professional nursing issued by the Texas Board of Nursing
  under Chapter 301, Occupations Code, expires. This subsection
  expires January 1, 2019.
         (b)  The director may charge an advanced practice registered
  nurse who is registered under this section:
               (1)  a nonrefundable registration fee of not more than
  $50; and
               (2)  a late fee for each application submitted after
  the expiration of the license issued under Chapter 301, Occupations
  Code.
         (c)  An advanced practice registered nurse may request the
  renewal of the nurse's registration under this chapter by remitting
  the information required under Section 481.063 and the fee required
  under Subsection (b) to the Texas Board of Nursing. The Texas Board
  of Nursing must allow a nurse to submit the information and pay the
  fee electronically.
         (d)  An advanced practice registered nurse requesting
  renewal under this section must meet all eligibility requirements
  under Section 481.063(e).
         (e)  The director shall adopt any rules necessary to
  administer this section. The director shall coordinate with the
  Texas Board of Nursing in the adoption of rules necessary under this
  section to prevent any conflicts between rules adopted by the
  agencies and to ensure that administrative burden to advanced
  practice registered nurses is minimized.
         SECTION 5.  Subchapter D, Chapter 204, Occupations Code, is
  amended by adding Section 204.1561 to read as follows:
         Sec. 204.1561.  RENEWAL OF CONTROLLED SUBSTANCE
  REGISTRATION.  (a)  The board shall accept the renewal application
  and fee submitted by a physician assistant under Section 481.0646,
  Health and Safety Code, for a registration under Subchapter C,
  Chapter 481, Health and Safety Code.
         (b)  The board by rule shall adopt a procedure for submitting
  a registration renewal application and remitting the registration
  fee to the Department of Public Safety.
         (c)  The board shall coordinate a physician assistant's
  controlled substance registration renewal with the license
  required under this chapter so that the times of registration,
  license renewal, payment, and notice are the same and provide a
  minimum of administrative burden to the board and to physician
  assistants.
         (d)  At least 60 days before the date on which the license of
  a physician assistant who is registered under Subchapter C, Chapter
  481, Health and Safety Code, expires, the board shall send to the
  physician assistant at the physician assistant's last known address
  according to the board's records:
               (1)  written notice of the impending license
  expiration; and
               (2)  a renewal notice for the physician assistant's
  registration with the Department of Public Safety under Subchapter
  C, Chapter 481, Health and Safety Code.
         SECTION 6.  Section 301.152(b), Occupations Code, is amended
  to read as follows:
         (b)  The board shall adopt rules to:
               (1)  license a registered nurse as an advanced practice
  registered nurse; and
               (2)  establish:
                     (A)  any specialized education or training,
  including pharmacology, that an advanced practice registered nurse
  must have to prescribe or order a drug or device as delegated by a
  physician under Section 157.0512 or 157.054; and
                     (B)  a system for approving an advanced practice
  registered nurse to prescribe or order a drug or device as delegated
  by a physician under Section 157.0512 or 157.054 on the receipt of
  evidence of completing the specialized education and training
  requirement under Paragraph (A)[; and
                     [(C)     a system for issuing a prescription
  authorization number to an advanced practice registered nurse
  approved under Paragraph (B); and
               [(3)     concurrently renew any license or approval
  granted to an advanced practice registered nurse under this
  subsection and a license renewed by the advanced practice
  registered nurse under Section 301.301].
         SECTION 7.  Subchapter D, Chapter 301, Occupations Code, is
  amended by adding Section 301.1525 to read as follows:
         Sec. 301.1525.  ADVANCED PRACTICE REGISTERED NURSE LICENSE
  RENEWAL; RENEWAL OF CONTROLLED SUBSTANCE REGISTRATION. (a) To the
  extent of a conflict between this section and Subchapter G, this
  section controls.
         (b)  The board shall adopt rules to concurrently renew:
               (1)  any license or approval granted to an advanced
  practice registered nurse under Section 301.152;
               (2)  the advanced practice registered nurse's license
  to practice professional nursing issued under this chapter; and
               (3)  the advanced practice registered nurse's
  controlled substance registration under Subchapter C, Chapter 481,
  Health and Safety Code.
         (c)  The board shall accept the renewal application and fee
  submitted by an advanced practice registered nurse under Section
  481.0647, Health and Safety Code, for a registration under
  Subchapter C, Chapter 481, Health and Safety Code.
         (d)  The board by rule shall adopt a procedure for submitting
  a registration renewal application and remitting the registration
  fee to the Department of Public Safety.
         (e)  The board shall coordinate an advanced practice
  registered nurse's controlled substance registration renewal with
  the license required under this chapter so that the times of
  registration, license renewal, payment, and notice are the same and
  provide a minimum of administrative burden to the board and to the
  nurse.
         (f)  Notwithstanding Section 301.301(e), at least 60 days
  before the date on which the license to practice professional
  nursing of an advanced practice nurse who is registered under
  Subchapter C, Chapter 481, Health and Safety Code, expires, the
  board shall send to the advanced practice registered nurse at the
  nurse's last known address according to the board's records:
               (1)  written notice of the impending license expiration
  and any separate expiration provided by rule under Section 301.152,
  if applicable; and
               (2)  a renewal notice for the nurse's registration with
  the Department of Public Safety under Subchapter C, Chapter 481,
  Health and Safety Code.
         SECTION 8.  (a)  The changes in law made to Subchapter C,
  Chapter 481, Health and Safety Code, by this Act apply only to a
  registration under that subchapter that expires on or after the
  effective date of this Act.
         (b)  The changes in law made to Chapters 204 and 301,
  Occupations Code, by this Act apply only to an occupational license
  that expires on or after the effective date of this Act.
         (c)  An unexpired registration under Subchapter C, Chapter
  481, Health and Safety Code, held by a physician assistant or an
  advanced practice registered nurse on the effective date of this
  Act expires on the date on which the license issued to the physician
  assistant under Chapter 204, Occupations Code, or to the nurse
  under Chapter 301, Occupations Code, expires.
         SECTION 9.  This Act takes effect January 1, 2016.