| (a) The purpose of this chapter is to encourage the
more effective utilization of the skills of physicians by establishing
guidelines for the delegation of health care tasks to qualified non-physicians
providing services under reasonable physician control and supervision
where such delegation is consistent with the patient's health and
welfare; and to provide guidelines for physicians in order that existing
legal constraints should not be an unnecessary hindrance to the more
effective provision of health care services. Texas Occupations Code
Annotated, §§164.001, 164.052, and 164.053 empower the Texas
Medical Board to cancel, revoke or suspend the license of any practitioner
of medicine upon proof that such practitioner is guilty of failing
to supervise adequately the activities of persons acting under the
physician's supervision, allowing another person to use his license
for the purpose of practicing medicine, or of aiding or abetting,
directly or indirectly, the practice of medicine by a person or entity
not licensed to do so by the board. The board recognizes that the
delivery of quality health care requires expertise and assistance
of many dedicated individuals in the allied health profession. The
provisions of this chapter are not intended to, and shall not be construed
to, restrict the physician from delegating administrative and technical
or clinical tasks not involving the exercise of medical judgment,
to those specially trained individuals instructed and directed by
a licensed physician who accepts responsibility for the acts of such
allied health personnel. The board recognizes that statutory law shall
prevail over any rules adopted and that the practice of medicine is,
under Texas Occupations Code Annotated §151.002(13), defined
as follows: A person shall be considered to be practicing medicine
within the Medical Practice Act ("the Act"):
(1) who shall publicly profess to be a physician or
surgeon and shall diagnose, treat, or offer to treat, any disease
or disorder, mental or physical, or any physical deformity or injury,
by any system or method, or to effect cures thereof; or
(2) who shall diagnose, treat, or offer to treat any
disease or disorder, mental or physical or any physical deformity
or injury by any system or method and to effect cures thereof and
charge therefor, directly or indirectly, money or other compensation.
(b) Likewise, nothing in this chapter shall be construed
as to prohibit a physician from instructing a technician, assistant,
or nurse to perform delegated tasks so long as the physician retains
supervision and control of the technician, assistant, or employee.
Nothing in this chapter should be construed to relieve the supervising
physician of the professional or legal responsibility for the care
and treatment of those persons with whom the delegating physician
has established a physician-patient relationship. Nothing in this
chapter shall enlarge or extend the applicable statutory law relating
to the practice of medicine, or other rules and regulations previously
promulgated by the board.
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