Jolene Zych, APN Consultant for the Texas Board of Nurse Examiners, reminds APNs who are currently prescribing controlled substances that, unlike the DEA number, your Texas Department of Public Safety (DPS) permit must be renewed annually. If an APN moves, and does not advise the DPS of the new address, then you will not receive the DPS renewal notice. As is evident in this note from
Jolene, this can have very serious consequences.
The following is an excerpt from Jolene Zych’s May 13th advisory.
I just received notice from the Texas Department of Public Safety (TX DPS) that three advanced practice nurses have had their TX controlled substances permits terminated due to delinquency. Per TX DPS policy, they were notified in writing sixty days prior to expiration of the permit. They have also been notified in writing that the permits have been terminated. These notices are sent to the last address on record with TX DPS. This is the first notice of this nature I've received since APNs were granted authority to prescribe controlled substances.
I wanted to remind you that APNs must have a current controlled substances permit from the TX DPS in order to prescribe controlled substances in Texas. If for any reason this permit goes delinquent or is terminated, they must CEASE prescribing controlled substances. I hate to be the bearer of doom and gloom, but I would be remiss if I failed to remind you that prescribing these medications without proper permits from TX DPS and DEA is not just a licensure issue; it is also a state and federal issue that can result in a criminal conviction. The convictions range from third degree felony to a state jail felony (up to 25 years). They can also be accompanied by a fine of up to $100, 000.
I am not certain whether these individuals are no longer in Texas, no longer prescribing controlled substances, or have relocated and forgotten to notify the TX DPS, and therefore do not realize their permits have been terminated. Another possibility is that they may be confusing the DEA registration, DPS permit, and nursing licensure processes. Regardless of the issue, the permits have been terminated. TX DPS has also notified the DEA, but I am not certain the DEA will share any actions they may take with the BNE.
When I received the information from TX DPS, I talked with Kathy Thomas, Executive Director, and we decided … to share this and offer a reminder, given the severity of the consequences. Please remind your APN friends and colleagues who have prescriptive authority with the appropriate controlled substances permits/registrations that they need to be certain to maintain them appropriately.
For more information on DPS Permits and contacting the Texas Department of Public Safety, CLICK HERE. The DPS form for APNs to change of address and practice site is MODPAAPN. To read more details about the process to obtain DPS and DEA numbers, notifying DPS and DEA of change of address, and writing prescriptions for controlled substances, CLICK HERE.
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