| (a) Pursuant to §157.0511 of the Act, a physician's
authority to delegate the prescribing or ordering of a drug or device
is limited to:
(1) nonprescription drugs;
(2) dangerous drugs; and
(3) controlled substances to the extent provided in
subsections (b) and (c) of this section.
(b) 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 of the
Texas 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.
(c) 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 §157.054
of the Act, 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
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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