(b) 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 III, IV, or V as established by the commissioner of the Department of State Health Services under Chapter 481, Health and Safety Code;(2) the prescription, including 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.(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.
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