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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 advanced practice registered nurses and |
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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(b-1), Occupations Code, is |
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amended to read as follows: |
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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 the Department of State Health Services under |
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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; or |
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(3) as part of a narcotic drug treatment program that |
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has been issued a permit under Chapter 466, Health and Safety Code. |
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SECTION 2. Subchapter A, Chapter 562, Occupations Code, is |
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amended by adding Section 562.017 to read as follows: |
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Sec. 562.017. CERTAIN PRESCRIPTIONS FOR CONTROLLED |
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SUBSTANCES. A pharmacist practicing in a Class A pharmacy may |
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dispense a controlled substance listed in Schedule II as |
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established by the commissioner of state health services under |
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Chapter 481, Health and Safety Code, that is prescribed by an |
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advanced practice registered nurse or physician assistant to whom a |
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physician has delegated prescribing and ordering authority under |
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Section 157.0511(b-1). The prescriber shall clearly note in the |
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prescription records that the controlled substance listed in |
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Schedule II is prescribed as part of the care provided: |
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(1) in a hospital facility-based practice described by |
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Section 157.0511(b-1)(1); |
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(2) as part of a plan of care described by Section |
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157.0511(b-1)(2); or |
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(3) as part of a narcotic drug treatment program |
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described by Section 157.0511(b-1)(3). |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |