CLEAR News - Fall 2003
The Texas Board of Nurse Examiners adopts new 22 TAC § 222 concerning Advanced Practice Nurses with Prescriptive Authority
In the 2003 Regular Legislative Session, HB 1095, relating to prescriptive authority for advanced practice nurses, was passed and signed into law. HB 1095 amended the Medical Practice Act to permit physicians to delegate authority to prescribe controlled substances listed in schedules III through V to advanced practice nurses. The bill also outlined the limitations imposed on advanced practice nurses who elect to prescribe these medications. On July 24, 2003, the Board voted to adopt an emergency amendment to Rule 222 in response to the passage of the bill. The emergency rule became effective on July 29, 2003. It should be noted that, under the emergency rule language, only those advanced practice nurses with full authorization to practice and prescriptive authority may authorize or issue prescriptions for controlled substances. The emergency rule can be reviewed in its entirety by clicking on the following link:
Advanced practice nurses with full authorization to practice and prescriptive authority must comply with the following requirements prior to authorizing or issuing a prescription for controlled substances: A delegation of prescriptive authority form must be on file with the Texas State Board of Medical Examiners (TSBME). To obtain a delegation of prescriptive authority form, contact the TSBME by telephone (512/305-7022) or via their web site (www.tsbme.state.tx.us). Once this process is completed, the advanced practice nurse must submit an application for a controlled substances permit to the TX DPS [Department of Public Safety]. Applications may be obtained by calling (512/424-2188) or e-mailing (tppcsr@txdps.state.tx.us) the TX DPS. After the controlled substances permit has been issued, the advanced practice nurse may apply for a DEA registration number. DEA applications may be obtained by calling one of the DEA’s regional offices or via the DEA’s web site at www.usdoj.gov/dea The BNE [Board of Nurse Examiners] can provide interested advanced practice nurses with applications for prescriptive authority only. The prescriptive authority delegation form and applications for TX DPS and DEA registration must be obtained from the appropriate resource as indicated above.