The following words and terms, when used in this chapter, shall
have the following meanings, unless the contents clearly indicate
otherwise:
(1) Administer--To directly apply a prescription drug
to the body of a patient by any means, including injection, inhalation,
or ingestion, by a physician or an individual acting under the delegation
and supervision of a physician.
(2) Controlled substance--A substance, including a
drug, an adulterant, and a dilutant, listed in and as described under
the Texas Health and Safety Code, Chapter 481 (Texas Controlled Substances
Act). The term includes the aggregate weight of any mixture, solution,
or other substance containing a controlled substance.
(3) Dangerous drug--A device or a drug that is unsafe
for self-medication and that is not included in the Texas Health and
Safety Code, Chapter 481 (Texas Controlled Substances Act). The term
includes a device or a drug that bears or is required to bear the
legend: "Caution: federal law prohibits dispensing without prescription."
(4) Device--Means an instrument, apparatus, or contrivance,
or a component, part, or accessory of an instrument, apparatus, or
contrivance, that is designed or intended for use in the diagnosis,
cure, mitigation, treatment, or prevention of disease in humans or
that is designed or intended to affect the structure or any function
of the body of a human.
(5) Drug therapy management--The performance of patient
specific acts by pharmacists as authorized by a physician through
a written protocol. Drug therapy management does not include the selection
of drug products not prescribed by the physician unless the drug product
is named in the physician-initiated protocol.
(6) Human consumption--The injection, inhalation, ingestion,
or application of a substance to or into a human body.
(7) Medication order--An order from a practitioner
or a practitioner's designated agent for administration of a drug
or device, as defined by §551.003 of the Occupations Code, or
an order from a practitioner to dispense a drug to a patient in a
hospital for immediate administration while the patient is in the
hospital or for emergency use on the patient's release from the hospital,
as defined by Texas Health and Safety Code, §481.002.
(8) Nonprescription drug--A nonnarcotic drug or device
that may be sold without a prescription and that is labeled and packaged
in compliance with state and federal law.
(9) Prescribe or order a drug or device--Prescribing
or ordering a drug or device, including the issuing of a prescription
drug order or medication order.
(10) Prescription medical device--A device that the
federal Food and Drug Administration has designated as a prescription
medical device and can be sold only to persons with prescriptive authority
in the state in which they reside.
(11) Protocols--Written authorization delegating authority
to initiate medical aspects of patient care, including delegation
of the act of prescribing or ordering a drug or device at a facility-based
practice. Prescriptive authority agreements may reference or include
the terms of a protocol(s).
(12) Standing delegation order--Written instructions,
orders, rules, or procedures designed for a patient population with
specific diseases, disorders, health problems, or sets of symptoms.
This type of order provides a general set of conditions and circumstances
when action can be instituted prior to being examined or evaluated
by a physician. Standing delegation orders may permit the administering
or providing of the following types of dangerous drugs if specifically
ordered by or using a pre-signed prescription from the delegating
physician:
(A) oral contraceptives;
(B) diaphragms and contraceptive creams and jellies;
(C) topical anti-infectives for vaginal use;
(D) oral anti-parasitic drugs for treatment of pinworms;
(E) topical anti-parasitic drugs;
(F) antibiotic drugs for treatment of venereal disease;
or
(G) immunizations.
(13) Standing medical orders--Generally applicable
orders, which are used as a guide in preparation for and carrying
out medical acts or surgical procedures or both after patients have
been evaluated by the physician or physician assistant or advanced
practice registered nurse under delegation.
(14) Written protocol--A physician's order, standing
medical order, standing delegation order, or other physician order
or protocol.
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