88R4121 BEE-F
 
  By: Klick H.B. No. 1190
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the prescribing and ordering of Schedule II controlled
  substances by certain advanced practice registered nurses and
  physician assistants.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 157.0511(a) and (b), Occupations Code,
  are amended to read as follows:
         (a)  A physician's authority to delegate the prescribing or
  ordering of a drug or device under this subchapter is limited to:
               (1)  nonprescription drugs;
               (2)  dangerous drugs; and
               (3)  controlled substances to the extent provided by
  Subsection [Subsections] (b) [and (b-1)].
         (b)  A [Except as provided by Subsection (b-1), a] physician
  may delegate the prescribing or ordering of a controlled substance
  only if:
               (1)  the prescription is for a controlled substance
  listed in Schedule II, III, IV, or V as established by the
  commissioner of state health services [the Department of State
  Health Services] under Chapter 481, Health and Safety Code;
               (2)  the prescription, including any [a] refill of the
  prescription, is for a period not to exceed 90 days;
               (3)  with regard to the refill of a prescription, the
  refill is authorized after consultation with the delegating
  physician and the consultation is noted in the patient's chart; and
               (4)  with regard to a prescription for a child less than
  two years of age, the prescription is made after consultation with
  the delegating physician and the consultation is noted in the
  patient's chart.
         SECTION 2.  Section 157.0511(b-1), Occupations Code, is
  repealed.
         SECTION 3.  This Act takes effect September 1, 2023.