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A BILL TO BE ENTITLED
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AN ACT
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relating to controlled substance registration by physician |
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assistants and advanced practice registered nurses; imposing |
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penalties; imposing fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 481.061(c), Health and Safety Code, is |
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amended to read as follows: |
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(c) A separate registration is required at each principal |
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place of business or professional practice where the applicant |
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manufactures, distributes, analyzes, dispenses, or possesses a |
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controlled substance, except that the director may not require |
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separate registration for: |
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(1) a physician licensed under Subtitle B, Title 3, |
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Occupations Code, a physician assistant licensed under Chapter 204, |
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Occupations Code, or a registered nurse licensed as an advanced |
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practice registered nurse under Section 301.152, Occupations Code; |
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or |
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(2) a practitioner engaged in research with a |
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nonnarcotic controlled substance listed in Schedules II through V |
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if the registrant is already registered under this subchapter in |
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another capacity. |
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SECTION 2. Section 481.063(g), Health and Safety Code, is |
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amended to read as follows: |
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(g) Except as otherwise provided by Section 481.0645 for a |
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physician licensed under Subtitle B, Title 3, Occupations Code, by |
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Section 481.0646 for a physician assistant licensed under Chapter |
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204, Occupations Code, or by Section 481.0647 for a registered |
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nurse licensed as an advanced practice registered nurse under |
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Section 301.152, Occupations Code, a registration is valid until |
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the first anniversary of the date of issuance and may be renewed |
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annually under rules adopted by the director, unless a rule |
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provides for a longer period of validity or renewal. |
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SECTION 3. Section 481.064, Health and Safety Code, is |
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amended by amending Subsection (a) and adding Subsection (a-2) to |
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read as follows: |
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(a) Except as otherwise provided by Section 481.0645 for a |
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physician licensed under Subtitle B, Title 3, Occupations Code, by |
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Section 481.0646 for a physician assistant licensed under Chapter |
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204, Occupations Code, or by Section 481.0647 for a registered |
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nurse licensed as an advanced practice registered nurse under |
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Section 301.152, Occupations Code, the director may charge a |
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nonrefundable fee of not more than $25 before processing an |
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application for annual registration and may charge a late fee of not |
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more than $50 for each application for renewal the department |
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receives after the date the registration expires. The director by |
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rule shall set the amounts of the fees at the amounts that are |
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necessary to cover the cost of administering and enforcing this |
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subchapter. Except as provided by Subsection (b) or by Section |
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156.004, 204.1561, or 301.1525, Occupations Code, registrants |
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shall pay the fees to the director. Not later than 60 days before |
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the date the registration expires, the director shall send a |
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renewal notice to the registrant at the last known address of the |
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registrant according to department records, unless the registrant |
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is a physician to whom notice of expiration is provided under |
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Section 156.004, Occupations Code, a physician assistant to whom |
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notice of expiration is provided under Section 204.1561, |
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Occupations Code, or an advanced practice registered nurse to whom |
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notice of expiration is provided under Section 301.1525, |
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Occupations Code. |
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(a-2) Notwithstanding Subsection (a), the director shall |
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continue to send renewal notices to registrants who are physician |
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assistants or advanced practice registered nurses. This |
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subsection expires January 1, 2018. |
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SECTION 4. Subchapter C, Chapter 481, Health and Safety |
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Code, is amended by adding Sections 481.0646 and 481.0647 to read as |
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follows: |
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Sec. 481.0646. REGISTRATION, RENEWAL, AND FEES FOR |
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PHYSICIAN ASSISTANTS. (a) The registration under this chapter of a |
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physician assistant licensed under Chapter 204, Occupations Code, |
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is valid for a period of not less than two years and expires on the |
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same date the physician assistant's license issued by the Texas |
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Physician Assistant Board under Chapter 204, Occupations Code, |
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expires. |
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(a-1) Notwithstanding Subsection (a), a registration of a |
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physician assistant licensed under Chapter 204, Occupations Code, |
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that is in effect on January 1, 2016, expires on the date on which |
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the physician assistant's license to practice as a physician |
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assistant issued by the Texas Physician Assistant Board under |
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Chapter 204, Occupations Code, expires. This subsection expires |
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January 1, 2019. |
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(b) The director may charge a physician assistant who is |
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registered under this section: |
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(1) a nonrefundable registration fee of not more than |
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$50; and |
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(2) a late fee for each application submitted after |
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the expiration of the license issued under Chapter 204, Occupations |
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Code. |
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(c) A physician assistant may request the renewal of the |
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physician assistant's registration under this chapter by remitting |
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the information required under Section 481.063 and the fee required |
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under Subsection (b) to the Texas Physician Assistant Board. The |
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Texas Physician Assistant Board must allow a physician assistant to |
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submit the information and pay the fee electronically. |
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(d) A physician assistant requesting renewal under this |
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section must meet all eligibility requirements under Section |
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481.063(e). |
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(e) The director shall adopt any rules necessary to |
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administer this section. The director shall coordinate with the |
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Texas Physician Assistant Board in the adoption of rules necessary |
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under this section to prevent any conflicts between rules adopted |
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by the agencies and to ensure that administrative burden to |
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physician assistants is minimized. |
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Sec. 481.0647. REGISTRATION, RENEWAL, AND FEES FOR ADVANCED |
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PRACTICE REGISTERED NURSES. (a) The registration under this chapter |
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of a registered nurse licensed as an advanced practice registered |
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nurse under Section 301.152, Occupations Code, is valid for a |
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period of not less than two years and expires on the same date the |
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nurse's license issued by the Texas Board of Nursing under Chapter |
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301, Occupations Code, expires. |
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(a-1) Notwithstanding Subsection (a), a registration of a |
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registered nurse licensed as an advanced practice registered nurse |
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under Section 301.152, Occupations Code, that is in effect on |
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January 1, 2016, expires on the date on which the nurse's license to |
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practice professional nursing issued by the Texas Board of Nursing |
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under Chapter 301, Occupations Code, expires. This subsection |
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expires January 1, 2019. |
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(b) The director may charge an advanced practice registered |
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nurse who is registered under this section: |
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(1) a nonrefundable registration fee of not more than |
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$50; and |
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(2) a late fee for each application submitted after |
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the expiration of the license issued under Chapter 301, Occupations |
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Code. |
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(c) An advanced practice registered nurse may request the |
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renewal of the nurse's registration under this chapter by remitting |
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the information required under Section 481.063 and the fee required |
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under Subsection (b) to the Texas Board of Nursing. The Texas Board |
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of Nursing must allow a nurse to submit the information and pay the |
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fee electronically. |
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(d) An advanced practice registered nurse requesting |
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renewal under this section must meet all eligibility requirements |
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under Section 481.063(e). |
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(e) The director shall adopt any rules necessary to |
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administer this section. The director shall coordinate with the |
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Texas Board of Nursing in the adoption of rules necessary under this |
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section to prevent any conflicts between rules adopted by the |
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agencies and to ensure that administrative burden to advanced |
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practice registered nurses is minimized. |
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SECTION 5. Subchapter D, Chapter 204, Occupations Code, is |
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amended by adding Section 204.1561 to read as follows: |
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Sec. 204.1561. RENEWAL OF CONTROLLED SUBSTANCE |
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REGISTRATION. (a) The board shall accept the renewal application |
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and fee submitted by a physician assistant under Section 481.0646, |
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Health and Safety Code, for a registration under Subchapter C, |
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Chapter 481, Health and Safety Code. |
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(b) The board by rule shall adopt a procedure for submitting |
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a registration renewal application and remitting the registration |
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fee to the Department of Public Safety. |
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(c) The board shall coordinate a physician assistant's |
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controlled substance registration renewal with the license |
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required under this chapter so that the times of registration, |
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license renewal, payment, and notice are the same and provide a |
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minimum of administrative burden to the board and to physician |
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assistants. |
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(d) At least 60 days before the date on which the license of |
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a physician assistant who is registered under Subchapter C, Chapter |
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481, Health and Safety Code, expires, the board shall send to the |
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physician assistant at the physician assistant's last known address |
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according to the board's records: |
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(1) written notice of the impending license |
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expiration; and |
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(2) a renewal notice for the physician assistant's |
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registration with the Department of Public Safety under Subchapter |
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C, Chapter 481, Health and Safety Code. |
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SECTION 6. Section 301.152(b), Occupations Code, is amended |
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to read as follows: |
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(b) The board shall adopt rules to: |
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(1) license a registered nurse as an advanced practice |
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registered nurse; and |
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(2) establish: |
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(A) any specialized education or training, |
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including pharmacology, that an advanced practice registered nurse |
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must have to prescribe or order a drug or device as delegated by a |
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physician under Section 157.0512 or 157.054; and |
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(B) a system for approving an advanced practice |
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registered nurse to prescribe or order a drug or device as delegated |
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by a physician under Section 157.0512 or 157.054 on the receipt of |
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evidence of completing the specialized education and training |
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requirement under Paragraph (A)[; and
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[(C)
a system for issuing a prescription
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authorization number to an advanced practice registered nurse
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approved under Paragraph (B); and
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[(3)
concurrently renew any license or approval
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granted to an advanced practice registered nurse under this
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subsection and a license renewed by the advanced practice
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registered nurse under Section 301.301]. |
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SECTION 7. Subchapter D, Chapter 301, Occupations Code, is |
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amended by adding Section 301.1525 to read as follows: |
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Sec. 301.1525. ADVANCED PRACTICE REGISTERED NURSE LICENSE |
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RENEWAL; RENEWAL OF CONTROLLED SUBSTANCE REGISTRATION. (a) To the |
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extent of a conflict between this section and Subchapter G, this |
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section controls. |
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(b) The board shall adopt rules to concurrently renew: |
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(1) any license or approval granted to an advanced |
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practice registered nurse under Section 301.152; |
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(2) the advanced practice registered nurse's license |
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to practice professional nursing issued under this chapter; and |
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(3) the advanced practice registered nurse's |
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controlled substance registration under Subchapter C, Chapter 481, |
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Health and Safety Code. |
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(c) The board shall accept the renewal application and fee |
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submitted by an advanced practice registered nurse under Section |
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481.0647, Health and Safety Code, for a registration under |
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Subchapter C, Chapter 481, Health and Safety Code. |
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(d) The board by rule shall adopt a procedure for submitting |
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a registration renewal application and remitting the registration |
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fee to the Department of Public Safety. |
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(e) The board shall coordinate an advanced practice |
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registered nurse's controlled substance registration renewal with |
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the license required under this chapter so that the times of |
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registration, license renewal, payment, and notice are the same and |
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provide a minimum of administrative burden to the board and to the |
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nurse. |
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(f) Notwithstanding Section 301.301(e), at least 60 days |
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before the date on which the license to practice professional |
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nursing of an advanced practice nurse who is registered under |
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Subchapter C, Chapter 481, Health and Safety Code, expires, the |
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board shall send to the advanced practice registered nurse at the |
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nurse's last known address according to the board's records: |
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(1) written notice of the impending license expiration |
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and any separate expiration provided by rule under Section 301.152, |
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if applicable; and |
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(2) a renewal notice for the nurse's registration with |
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the Department of Public Safety under Subchapter C, Chapter 481, |
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Health and Safety Code. |
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SECTION 8. (a) The changes in law made to Subchapter C, |
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Chapter 481, Health and Safety Code, by this Act apply only to a |
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registration under that subchapter that expires on or after the |
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effective date of this Act. |
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(b) The changes in law made to Chapters 204 and 301, |
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Occupations Code, by this Act apply only to an occupational license |
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that expires on or after the effective date of this Act. |
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(c) An unexpired registration under Subchapter C, Chapter |
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481, Health and Safety Code, held by a physician assistant or an |
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advanced practice registered nurse on the effective date of this |
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Act expires on the date on which the license issued to the physician |
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assistant under Chapter 204, Occupations Code, or to the nurse |
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under Chapter 301, Occupations Code, expires. |
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SECTION 9. This Act takes effect January 1, 2016. |