| (a) For out of state licensees, permit holders, and
certificate holders, other than physicians, who practice in health
care areas subject to regulation by the Board, the process for obtaining
authority to practice in Texas during a disaster or emergency is set
out in §172.20(b)(1) and (2), relating to Physician Practice
and Limited License for Disasters and Emergencies, including all verification
and reporting requirements.
(b) In addition, the following is applicable to these
health care providers:
(1) the health care provider must practice under the
supervision and delegation of a physician and the supervising physician
must be licensed and practicing in Texas prior to the date of the
disaster or emergency declaration and without restrictions on ability
to supervise or delegate;
(2) except as specified in subsection (c) of this section,
the provisions related to supervision and delegation under §157.001,
Texas Occupations Code, apply to both the health care provider and
supervising physician; and
(3) the health care provider must also comply with
all provisions of the applicable Texas Occupations Code for that occupation.
(c) Physician assistants, advanced practice registered
nurses, and Texas supervising physicians practicing under this section
are not required to maintain documentation describing supervisory
arrangements and instructions for prescriptive authority as otherwise
required by Chapter 157, Texas Occupations Code.
(d) The Board shall have jurisdiction over licensees,
permit holders, and certificate holders practicing under this subchapter
for all purposes set forth in or related to the Texas Occupations
Code, and all other applicable state and federal laws, and such jurisdiction
shall continue in effect even after the licensee, permit holder, or
certificate holder have stopped practicing under this section related
to providing medical services in Texas during the disaster.
(e) The authority to practice issued to a licensee,
permit holder, or certificate holder under this subchapter shall be
valid for no more than thirty (30) days from the date the licensee,
permit holder, or certificate holder is authorized to practice or
until the emergency or disaster declaration has been withdrawn or
ended, whichever is longer.
(f) A licensee, permit holder, and certificate holder
holding limited emergency authority under this subchapter shall not
receive any compensation outside of their usual compensation for the
provision of medical services during a disaster or emergency.
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