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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. Sections 157.0511(a) and (b), Occupations Code, |
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are amended 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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Subsection [Subsections] (b) [and (b-1)]. |
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(b) A [Except as provided by Subsection (b-1), a] physician |
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may delegate the prescribing or ordering of a controlled substance |
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only if: |
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(1) the prescription is for a controlled substance |
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listed in Schedule II, III, IV, or V as established by the |
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commissioner of state health services [the Department of State |
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Health Services] under Chapter 481, Health and Safety Code; |
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(2) the prescription, including any [a] refill of the |
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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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SECTION 2. Section 157.0511(b-1), Occupations Code, is |
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repealed. |
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SECTION 3. This Act takes effect September 1, 2023. |