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A BILL TO BE ENTITLED
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AN ACT
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relating to the prescribing and ordering of Schedule II controlled |
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substances by certain physician assistants. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 157.0511, Occupations Code, is amended |
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by amending Subsections (a), (b), (b-1), and (c) and adding |
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Subsection (b-3) to read as follows: |
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(a) A physician's authority to delegate the prescribing or |
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ordering of a drug or device under this subchapter is limited to: |
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(1) nonprescription drugs; |
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(2) dangerous drugs; and |
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(3) controlled substances to the extent provided by |
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Subsections (b), [and] (b-1), and (b-3). |
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(b) Except as provided by Subsections [Subsection] (b-1) |
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and (b-3), a physician may delegate the prescribing or ordering of a |
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controlled substance only if: |
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(1) the prescription is for a controlled substance |
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listed in Schedule III, IV, or V as established by the commissioner |
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of state health services [the Department of State Health Services] |
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under Chapter 481, Health and Safety Code; |
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(2) the prescription, including any refill [a refill] |
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of the prescription, is for a period not to exceed 90 days; |
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(3) with regard to the refill of a prescription, the |
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refill is authorized after consultation with the delegating |
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physician and the consultation is noted in the patient's chart; and |
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(4) with regard to a prescription for a child less than |
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two years of age, the prescription is made after consultation with |
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the delegating physician and the consultation is noted in the |
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patient's chart. |
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(b-1) A physician may delegate the prescribing or ordering |
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of a controlled substance listed in Schedule II as established by |
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the commissioner of state health services [the Department of State
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Health Services] under Chapter 481, Health and Safety Code[, only]: |
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(1) in a hospital facility-based practice under |
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Section 157.054, in accordance with policies approved by the |
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hospital's medical staff or a committee of the hospital's medical |
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staff as provided by the hospital bylaws to ensure patient safety, |
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and as part of the care provided to a patient who: |
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(A) has been admitted to the hospital for an |
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intended length of stay of 24 hours or greater; or |
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(B) is receiving services in the emergency |
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department of the hospital; or |
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(2) as part of the plan of care for the treatment of a |
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person who has executed a written certification of a terminal |
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illness, has elected to receive hospice care, and is receiving |
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hospice treatment from a qualified hospice provider. |
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(b-3) A physician may delegate to a physician assistant the |
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prescribing or ordering of a controlled substance listed in |
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Schedule II as established by the commissioner of state health |
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services under Chapter 481, Health and Safety Code, at the practice |
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site. |
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(c) This subchapter does not modify the authority granted by |
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law for a licensed registered nurse or physician assistant to |
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administer or provide a medication, including a controlled |
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substance listed in Schedule II as established by the commissioner |
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of state health services [the Department of State Health Services] |
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under Chapter 481, Health and Safety Code, that is authorized by a |
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physician under a physician's order, standing medical order, |
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standing delegation order, or protocol. |
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SECTION 2. This Act takes effect September 1, 2017. |