September 1, 2015. 418 (S.B. (a) This subtitle does not apply to: (1) a dentist, licensed under the laws of this state, engaged strictly in the practice of dentistry; (2) a licensed optometrist or therapeutic optometrist engaged strictly in the practice of optometry or therapeutic optometry as defined by law; (3) a licensed chiropractor engaged strictly in the practice of chiropractic as defined by law; (4) a registered nurse or licensed vocational nurse engaged strictly in the practice of nursing in accordance with the applicable licensing acts and other laws of this state; (5) a licensed podiatrist engaged strictly in the practice of podiatry as defined by law; (6) a licensed or certified psychologist engaged strictly in the practice of psychology as defined by law; (7) a licensed physical therapist engaged strictly in the practice of physical therapy in accordance with the law relating to physical therapy practice; (8) a commissioned or contract surgeon in the United States uniformed services or Public Health Service in the performance of that person's duties if the person is not engaged in private practice; (9) a person who furnishes medical assistance in an emergency or disaster situation if no charge is made for the medical assistance; (10) a student in training in a board-approved medical school while performing, under the supervision of a licensed practitioner, the duties assigned in the course of training; (11) a legally qualified physician of another state who is in this state for consultation with a physician licensed in this state but who does not: (A) maintain an office in this state; or, (B) appoint a place in this state for seeing, examining, or treating a patient; or. Acts 2017, 85th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. Texas Occupations Code Section 164.052 - Prohibited Practices by 2, eff. (f) The periodic meetings described by Subsection (e)(9)(B) must: (A) the sharing of information relating to patient treatment and care, needed changes in patient care plans, and issues relating to referrals; and. (j) This section does not limit the authority of a physician to delegate the prescribing or ordering of a controlled substance under this subchapter. Source Note: The provisions of this 321.1 adopted to be effective March 1, 1986, 11 TexReg 719; amended to be effective September 28, 1988, 13 TexReg 4575; amended to be effective December 12, 1989, 14 TexReg 6277; amended to be effective January 7, 1992, 16 TexReg 1, eff. 419), Sec. Other sections of theTexas Constitution and Statutesincludethe Health and Safety Code and Family Code. 0000004983 00000 n September 1, 2009. 406), Sec. 1, eff. September 1, 2009. (4) "Doctor of osteopathic medicine" includes a doctor of osteopathy, an osteopath, an osteopathic physician, and an osteopathic surgeon. (a) In this section, "provide" means to supply, for a term not to exceed 48 hours, one or more unit doses of a controlled substance for the immediate needs of a patient. Sec. Delegated Authority of Physisican - Orthotists and Prosthetists 1801 Congress Avenue, Suite 9.200 . 0000027480 00000 n 0000011472 00000 n The Texas Prescription Monitoring Program(PMP) is under the oversight of the Texas State Board of Pharmacy and monitors Schedule II through V controlled substance prescriptions. 0000013607 00000 n (a) Consent for the release of confidential information must be in writing and signed by: (1) the patient; (2) a parent or legal guardian of the patient if the patient is a minor; (3) a legal guardian of the patient if the patient has been adjudicated incapacitated to manage the patient's personal affairs; (4) an attorney ad litem . 388, Sec. Office Based Anesthesia, Office713-524-4267Fax713-526-1434 Sec. Sept. 1, 2001. APPLICABILITY OF OTHER LAWS. Chapter 174.5 allows for the use of telemedicine when prescribing for acute pain. 0000059912 00000 n 10.01, eff. September 1, 2019. 1, eff. 532), Sec. The authority to delegate medical acts to a properly qualified person as provided by this subchapter applies to emergency care provided by emergency medical personnel certified by the Texas Department of Health. 388, Sec. May 20, 2003. 74.151. 418 (S.B. Texas Attorney General addresses physician supervision of CRNA's September 1, 2019. Acts 1999, 76th Leg., ch. Physician Licensing - University of Houston Law Center January 1, 2018. 928 (S.B. Acts 2013, 83rd Leg., R.S., Ch. This subtitle may be cited as the Medical Practice Act. (c) A physician who issues a standing delegation order to a midwife under Chapter 203 is not liable in connection with an act performed under that standing delegation order if the midwife provides proof of licensure under that chapter before the order is issued. (2) "Provision" means the supply of one or more unit doses of a drug, medicine, or dangerous drug. 1535), Sec. 2.001, eff. 157.0512. Texas Medical Board (B) periodic meetings between the advanced practice registered nurse or physician assistant and the physician. Medical malpractice laws in Texas originated in the 1970's, and have been continuously assessed and revised to meet the needs of Texas patients. 1659, 88th Legislature, Regular Session, for amendments affecting the following section. The following information must be provided on each prescription subject to this subchapter: (3) directions to the patient regarding the taking of the drug and the dosage; (4) the intended use of the drug, if appropriate; (5) the name, address, and telephone number of the physician; (6) the name, address, telephone number, and identification number of the registered nurse or physician assistant completing or signing the prescription drug order; Sec. Texas Physician Health Program (TXPHP). 776 0 obj <>stream 2426), Sec. 0000059014 00000 n (11) Vaccination--Administration of any antigen in order to induce immunity; is not synonymous with immunization since vaccination does not imply success. 0000058543 00000 n Sec. %%EOF (C) a public or nonprofit private medical facility or other facility that the secretary of health and human services determines has a health professional shortage, as described by 42 U.S.C. Texas Administrative Code - Secretary of State of Texas DELEGATION REGARDING CERTAIN CARE FOR NEWBORNS; LIABILITY. November 1, 2013. (B) the governing body of a public hospital owned or operated by a governmental entity, the governing body of a hospital authority created under Chapter 262 or 264, Health and Safety Code, and the governing body of a hospital district created under Article IX, Texas Constitution, but only: (i) in relation to the governing body's evaluation of the competence of a physician or the quality of medical and health care services provided by the public hospital, hospital authority, or hospital district; and. 157.003. Sec. (14) "Prescriptive authority agreement" means an agreement entered into by a physician and an advanced practice registered nurse or physician assistant through which the physician delegates to the advanced practice registered nurse or physician assistant the act of prescribing or ordering a drug or device. Texas House of Representatives P.O. (2) the authority to sign a prescription drug order for dangerous drugs for a patient if: (A) the delegation follows a diagnosis, initial patient assessment, and drug therapy order by the physician; (B) the pharmacist practices in a federally qualified health center, a hospital, a hospital-based clinic, or an academic health care institution; (C) the federally qualified health center, hospital, hospital-based clinic, or academic health care institution in which the pharmacist practices has bylaws and a medical staff policy that permit a physician to delegate to a pharmacist the management of a patient's drug therapy; (D) the pharmacist provides the name, address, and telephone number of the pharmacist and of the delegating physician on each prescription signed by the pharmacist; and. 197 (H.B. 0000000016 00000 n (B) the procedures described in the surgery section of the common procedure coding system as adopted by the Health Care Financing Administration of the United States Department of Health and Human Services. The Texas Prescription Monitoring Program (PMP) is used to verify a practitioner's own records and prescribing history as well as inquiring about patients. The term includes an advanced nurse practitioner and advanced practice nurse. Acts 2013, 83rd Leg., R.S., Ch. 0000053996 00000 n 151.056. House Bill 3284 (2019) requires prescribers to check a patient's PMP history . About Athletic Training. 419), Sec. 14.021(a), eff. Disciplinary Actions. 1, eff. It consisted of 11 physician members appointed biennially by the governor and confirmed by the senate. To the extent reasonably possible, the board and the board's authorized representative shall conduct any inspection or audit under this section in a manner that minimizes disruption to the delivery of patient care. (b) Notwithstanding Subsection (a)(10), a medical resident, intern, or fellow is required to register and is subject to the other applicable provisions of this subtitle. Imran Chishti, M.D. Sec. (b) This section does not apply to the act of: (1) a medical specialist located in another jurisdiction who provides only episodic consultation services on request to a physician licensed in this state who practices in the same medical specialty; (2) a physician located in another jurisdiction who is providing consultation services to a medical school as defined by Section 61.501, Education Code; (3) a physician located in another jurisdiction who is providing consultation services to an institution subject to: (A) Subchapter C, Chapter 73, Education Code; or, (B) Subchapter K, Chapter 74, Education Code; or. 376 (H.B. Acts 2013, 83rd Leg., R.S., Ch. A PMP account also allows physicians to verify that their own prescribing records are accurate, and physicians who have delegated prescribing authority to PAs or APRNs may request from the PMP info on their prescribing activity as well. Acts 2019, 86th Leg., R.S., Ch. Texas Administrative Code 406), Sec. authority of physician to delegate certain medical acts : chapter 158. . November 1, 2013. 1, eff. September 1, 2009. 6, eff. Office of Public Affairs | Missouri and Texas Physicians and Medical (2) may state the types or categories of medications that may be prescribed or the types or categories of medications that may not be prescribed. The term includes: (A) an employee or agent of the committee, including an assistant, investigator, intervenor, attorney, and any other person or organization that serves the committee; and. - The TMB and the U.S. Drug Enforcement Agency (DEA) remind physicians and their staff to be on the alert for scammers impersonating these and other agencies by imitating agency phone numbers or through fake letters. A number of bills have been filed in the Texas Legislature this session that would amend the Texas Medical Practice Act, changing the requirements for physician licensure. SUBCHAPTER B. 157.0514. (A) a hospital licensed under Chapter 241 or 577, Health and Safety Code; (B) an entity, including a health maintenance organization, group medical practice, nursing home, health science center, university medical school, hospital district, hospital authority, or other health care facility, that: (i) provides or pays for medical care or health care services; and. 269 (S.B. Acts 1999, 76th Leg., ch. Sec. (f) The board by rule shall establish the minimum content of a written order or protocol. 0000002129 00000 n 16 Also, the Texas Medical Board (TMB . 3, eff. 1625), Sec. Section 164.051(a)(2)(B) of the Medical Practice Act, 204.303(a)(2) of the Physician Assistant Act, and 203.351(a)(7) of the Acupuncture Act, (collectively, the "Licensing Acts") authorize the board to take disciplinary action . 1420, Sec. The above link provides more information from the DEA about the training requirement. 202), Sec. Added by Acts 2019, 86th Leg., R.S., Ch. (d) Subsection (c) does not apply to a prescriptive authority agreement if the prescriptive authority is being exercised in: (1) a practice serving a medically underserved population; or. (a-1) The limits on the number of advanced practice registered nurses or physician assistants to whom a physician may delegate under Section 157.0512 do not apply to a physician under Subsection (a) whose practice is facility-based under this section, provided that the physician is not delegating in a freestanding clinic, center, or practice of the facility. The Texas Medical Board (TMB) is the state agency charged with keeping Texas patients safe through the licensure and regulation of Texas physicians. Pain Mgmt Clinics and Office-Based Anesthesia Acts 2005, 79th Leg., Ch. Refreshed: 2023-07-23 September 1, 2009. 1, eff. (6-a) "License holder" means a person holding a license, permit, or certificate issued under this subtitle. (a) A physician may delegate to a qualified and properly trained person acting under the physician's supervision any medical act that a reasonable and prudent physician would find within the scope of sound medical judgment to delegate if, in the opinion of the delegating physician: (A) can be properly and safely performed by the person to whom the medical act is delegated; (B) is performed in its customary manner; and, (C) is not in violation of any other statute; and. 0000016335 00000 n (5) is available through direct telecommunication for consultation, assistance, and direction. 9, eff. APPLICATION TO CERTAIN PERSONS PROVIDING NUTRITIONAL ADVICE. (3) be rescinded at any time by a vote of the voting physician members of the entity's organized medical staff. (3) "Disciplinary order" means an action taken under Section 164.001, 164.053, 164.058, or 164.101. (12) "Physician" means a person licensed to practice medicine in this state. 0000006015 00000 n (2) the differentiation is limited to those physicians whose maintenance of certification is required for the entity's designation, certification, or accreditation as described by Subdivision (1). 5, eff. JC-0108 Re: Whether the governing body of a hospital district may meet in closed session when acting as a medical peer review committee under the Medical Practice Act and related questions (RQ-0005) Dear Representative'Gallego: . 0000002804 00000 n 1, eff. Acts 2005, 79th Leg., Ch. 38 (H.B. 7, eff. 2, eff. PRESCRIBING AT FACILITY-BASED PRACTICE SITES. An act delegated by a physician under this chapter must comply with other applicable laws. The following section was amended by the 88th Legislature. 418 (S.B. 1, eff. SUBCHAPTER D. EMERGENCY CARE. The term includes evaluation of the: (A) merits of a complaint relating to a health care practitioner and a determination or recommendation regarding the complaint; (C) quality of the care provided by a health care practitioner; (D) report made to a medical peer review committee concerning activities under the committee's review authority; (E) report made by a medical peer review committee to another committee or to the board as permitted or required by law; and. Refer to the, Requirement for controlled substances to be prescribed electronically, except in certain circumstances described in, American Medical Association (AMA) resources on. 1240 (H.B. 33, eff. (i) The prescriptive authority agreement need not describe the exact steps that an advanced practice registered nurse or physician assistant must take with respect to each specific condition, disease, or symptom. Purpose. As used in this subtitle, the terms "practitioner" and "practitioner of medicine" include physicians and surgeons. 0000015185 00000 n (10) "Physician group practice" means an entity through which two or more physicians deliver health care to the public through the practice of medicine on a regular basis and that is: (A) owned and operated by two or more physicians; or. 2, eff. 151.055. Acts 2013, 83rd Leg., R.S., Ch. 406), Sec. (ii) follows a formal peer review process to further quality medical care or health care; (C) a professional society or association of physicians, or a committee of such a society or association, that follows a formal peer review process to further quality medical care or health care; (D) an organization established by a professional society or association of physicians, hospitals, or both, that: (i) collects and verifies the authenticity of documents and other information concerning the qualifications, competence, or performance of licensed health care professionals; and, (ii) acts as a health care facility's agent under the Health Care Quality Improvement Act of 1986 (42 U.S.C. September 1, 2017. File a Complaint. (j) A physician, advanced practice registered nurse, or physician assistant who is a party to a prescriptive authority agreement must retain a copy of the agreement until the second anniversary of the date the agreement is terminated. Pain Management Treatment, Prescribing and the PMP Acts 2005, 79th Leg., Ch. (10) "Operation" means the application of surgery or the performance of surgical services. A person is exempt from the licensing requirements of this subtitle and may engage in the practice of medicine in this state if the person: (1) is employed or designated as a team physician by a sports team visiting this state for a specific sporting event; (2) is licensed to practice medicine in the team's home state; and. 2, eff. Medical Records . September 1, 2019. EMERGENCY CARE. September 1, 2019. In 1931, the legislature increased the number to 12 physicians . (3) retaining the collected professional fees up to the amount of the minimum guaranteed amount plus a reasonable collection fee. 157.001. TMB Rules 165.2(a) Medical Record Release and Charges - As required by the Medical Practice Act/Texas Occupations Code 159.006, a physician shall furnish copies of medical and/or billing records requested or, if the patient prefers, a summary or narrative of the records pursuant to a written release of the information as provided by the Medical . (a) Release of Records Pursuant to Written Request. 269 (S.B. ORDERS AND PROTOCOLS. (l) In the event that a party to a prescriptive authority agreement is notified that the individual has become the subject of an investigation by the board, the Texas Board of Nursing, or the Texas Physician Assistant Board, the individual shall immediately notify the other party to the prescriptive authority agreement. 157.055. (d) In the provision of services and the administration of therapy by public health departments, as officially prescribed by the Texas Department of Health for the prevention or treatment of specific communicable diseases or health conditions for which the Texas Department of Health is responsible for control under state law, a physician may delegate to any qualified and properly trained person acting under the physician's supervision the act of administering or providing dangerous drugs, as ordered by the physician, that are used or required to meet the needs of the patients. 151.0515. Laws and Rules | Athletic Trainers - Texas Department of Licensing and chapter 162. regulation of practice of medicine : chapter 163. district review committees : chapter 164. disciplinary actions and procedures : chapter 165. . Sec. 418 (S.B. (c) A physician may also delegate to any qualified and properly trained person acting under the physician's supervision the act of administering or providing dangerous drugs through a facility licensed by the Texas State Board of Pharmacy, as ordered by the physician, that are used or required to meet the immediate needs of the physician's patients. (3) before executing the prescriptive authority agreement, the physician and the advanced practice registered nurse or physician assistant disclose to the other prospective party to the agreement any prior disciplinary action by the board, the Texas Board of Nursing, or the Texas Physician Assistant Board, as applicable. November 1, 2013. Texas Occupations Code Section 159.006 - Texas.Public.Law Texas Register and Administrative Code - TMB Rules (5 . 406), Sec. Sec. . The relevant chapters are listed below. 2, eff. (4) a physician who consents to the request of the medical director or chief of medical staff to delegate the prescribing or ordering of a drug or device at the facility in which the physician assistant or advanced practice registered nurse practices. 0000014679 00000 n 594), Sec. Section 11101 et seq. PRESCRIPTIVE AUTHORITY AGREEMENT: INFORMATION. Sec. DISCRIMINATION BASED ON TYPE OF ACADEMIC MEDICAL DEGREE OR CERTAIN RELIGIOUS TENETS PROHIBITED. For information from the TMB. The Texas Medical Board (TMB) is the state agency charged with keeping Texas patients safe through the licensure and regulation of Texas physicians. Texas Medical Board Press Release Texas Occupations Code - OCC 159.005 | FindLaw The first corporate practice of medicine cases in Texas date back to 1956 and 1957. Texas Administrative Code - Secretary of State of Texas (10) Medical Practice Act--The Texas Medical Practice Act, Subtitle B, Occupations Code, as amended. Texas Constitution and Statutes - Home Acts 2009, 81st Leg., R.S., Ch. LIABILITY FOR EMERGENCY CARE. (d) This section does not restrict the use of a preestablished health care program or restrict a physician from authorizing the provision of patient care by use of a preestablished health care program if the patient is institutionalized and the care is to be delivered in a licensed hospital with an organized medical staff that has authorized standing delegation orders, standing medical orders, or protocols. Medical Records - HCMS 388, Sec. 6, eff. Unprofessional or Dishonorable Conduct - Texas.Public.Law The State's legal theory is that Texas Occupations Code sec. September 28, 2011. 20), Sec. The board may adopt additional methods to implement: (2) the delegation of prescriptive authority. 88, Sec. (b) An entity described by Subsection (a) may differentiate between physicians based on a physician's maintenance of certification if: (1) the entity's designation under law or certification or accreditation by a national certifying or accrediting organization is contingent on the entity requiring a specific maintenance of certification by physicians seeking staff privileges or credentialing at the entity; and. The Texas Occupations Code includes the enabling statutes and practice acts for physicians, physician assistants, acupuncturists, surgical assistants, medical radiologic technologists, medical physicists, perfusionists, and respiratory care practitioners. (b) The physician's order for anesthesia or anesthesia-related services is not required to specify a drug, dose, or administration technique. 4.06, eff. 157.006. Sept. 1, 1999. (a) A program supported in whole or in part by the state or by a political subdivision of the state may not discriminate against a health care practitioner because the practitioner is a physician specializing in ophthalmology. Sec. 0000058215 00000 n 0000057799 00000 n (c) The board shall maintain and make available to the public a searchable online list of physicians, advanced practice registered nurses, and physician assistants who have entered into a prescriptive authority agreement authorized under Section 157.0512 and identify the physician, advanced practice registered nurse, or physician assistant with whom each physician, advanced practice registered nurse, and physician assistant has entered into a prescriptive authority agreement. June 10, 2003. After adoption, these actions are codified into the Texas Administrative Code,Title 22 Examining Boards, Part 9 Texas Medical Board, known as the TMB Rules. (i) This section authorizes a physician to delegate the act of administering or providing a controlled substance to a nurse midwife or physician assistant but does not require physician delegation of: (1) further acts to a nurse midwife; or. PRESCRIPTION INFORMATION. The information in this section includes links to: the agency's relevant sections of statute (laws/practice acts); rules for physicians, physician assistants, acupuncturists, and other license types, including adopted rule changes by year, and ; the most recent proposed rule changes as well as information about the rulemaking process. (a) In this section: (1) "Administering" means the direct application of a drug to the body of a patient by injection, inhalation, ingestion, or any other means. (e) This section does not limit, expand, or change any provision of law relating to therapeutic drug substitution or administration of medication, including Section 554.004. PRESCRIPTIVE AUTHORITY AGREEMENT: INSPECTIONS. 157.060. 1, eff. Sec. The prescriptive authority agreement and any amendments must be made available to the board, the Texas Board of Nursing, or the Texas Physician Assistant Board not later than the third business day after the date of receipt of request, if any. Texas Occupations Code Section 165.152 - Practicing Medicine in November 1, 2013. (9) "Physician assistant" means a person who holds a license issued under Chapter 204. Refreshed: 2023-07-19 1504), Sec. Refer toFlowcharts of the TMB Complaint Investigation Process. The TXPHP is covered under TMB rules Chapter 180. Sept. 1, 1999. 1121 (S.B. 157.0511. by the Governor and confirmed by the Texas Senate. Acts 2011, 82nd Leg., 1st C.S., Ch. (g) The prescriptive authority agreement may include other provisions agreed to by the physician and advanced practice registered nurse or physician assistant. The treatment of pain is a vital part of the practice of medicine. (b) The limitations imposed under this section relating to discrimination based on the academic medical degree of a physician do not apply to practice limitations adopted by: (1) a medical school or college, including a program of a medical school or college; or. Laws/Practice Acts - Texas Medical Board Telemedicine medical services used for the treatment of chronic pain with scheduled drugs by any means other than via audio and video two-way communication is prohibited unless certain circumstances are met, as explained inChapter 174.5 Telemedicine-Issuance of Prescriptions. Renewal of Pain Management Clinic Registration FAQs Added by Acts 2003, 78th Leg., ch. (9) Immunization--The act of inducing antibody formation, thus leading to immunity. Vernon's Texas Civil Statutes - HARP Statutes Title 3, Health Professions; Subtitle B, Physicians; Chapter 157, Authority of Physician to Delegate Certain Medical Acts; Section 157.0512, Prescriptive Authority Agreement. CHAPTER 151. GENERAL PROVISIONS - Texas Constitution and Statutes Acts 1999, 76th Leg., ch. SHORT TITLE. (11) "Practice serving a medically underserved population" means: (A) a practice in a health professional shortage area; (B) a clinic designated as a rural health clinic under 42 U.S.C.

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