| (a) A physician may delegate to a physician assistant
offering obstetrical services and certified by the board as specializing
in obstetrics or an advanced practice registered nurse recognized
by the Texas Board of Nursing as a nurse midwife the act or acts of
administering or providing controlled substances to the nurse midwife's
or physician assistant's clients during intra-partum and immediate
post-partum care. The physician shall not delegate the use of a prescription
sticker or the use or issuance of an official prescription form relating
to the prescription of Schedule II controlled substance as described
under §481.075 of the Health and Safety Code.
(b) The delegation of authority to administer or provide
controlled substances under this section must be under a physician's
order, medical order, standing delegation order, prescriptive authority
agreement, or protocol which shall require adequate and documented
availability for access to medical care.
(c) The physician's orders, medical orders, standing
delegation orders, prescriptive authority agreements, or protocols
shall provide for reporting or monitoring of client's progress including
complications of pregnancy and delivery and the administration and
provision of controlled substances by the nurse midwife or physician
assistant to the clients of the nurse midwife or physician assistant.
(d) The authority of a physician to delegate under
this section is limited to:
(1) seven nurse midwives or physician assistants or
their full-time equivalents; and
(2) the designated facility at which the nurse midwife
or physician assistant provides care.
(e) The administering or providing of controlled substances
under this section shall comply with other applicable laws.
(f) In this section, "provide" means to supply one
or more unit doses of a controlled substance for the immediate needs
of a patient not to exceed 48 hours.
(g) The controlled substance shall be supplied in a
suitable container that has been labeled in compliance with the applicable
drug laws and shall include the patient's name and address; the drug
to be provided; the name, address, and telephone number of the physician;
the name, address, and telephone number of the nurse midwife or physician
assistant; and the date.
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