nurses and physician assistants can prescribe Schedule II

The text as introduced · 296 words

89R9679 BEE-F

By: Howard
H.B. No. 5533

A BILL TO BE ENTITLED

AN ACT

relating to the prescribing and ordering of Schedule II controlled

substances in a narcotic drug treatment program by certain advanced

practice registered nurses and physician assistants.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 157.0511(b-1), Occupations Code, is

amended to read as follows:

(b-1) A physician may delegate the prescribing or ordering

of a controlled substance listed in Schedule II as established by

the commissioner of the Department of State Health Services under

Chapter 481, Health and Safety Code, only:

(1) in a hospital facility-based practice under

Section 157.054, in accordance with policies approved by the

hospital's medical staff or a committee of the hospital's medical

staff as provided by the hospital bylaws to ensure patient safety,

and as part of the care provided to a patient who:

(A) has been admitted to the hospital for an

intended length of stay of 24 hours or greater; or

(B) is receiving services in the emergency

department of the hospital; [ or ]

(2) as part of the plan of care for the treatment of a

person who has executed a written certification of a terminal

illness, has elected to receive hospice care, and is receiving

hospice treatment from a qualified hospice provider ; or

(3) as part of a narcotic drug treatment program that

has been issued a permit under Chapter 466, Health and Safety Code .

SECTION 2. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.