When substantiated by credible evidence, the following acts, practices, and conduct are considered to be violations of the Act. The following shall not be considered an exhaustive or exclusive listing. (1)Practice Inconsistent with Public Health and Welfare. Failure to practice in an acceptable professional manner consistent with public health and welfare within the meaning of the Act includes, but is not limited to: (A) - (K)(No change.) (L)prescription of any dangerous drug or controlled substance without first establishing a proper professional relationship with the patient. (i)A proper relationship, at a minimum requires: (I) [(i)] establishing that the person requesting the medication is in fact who the person claims to be; (II) [(ii)] establishing a diagnosis through the use of acceptable medical practices such as patient history, mental status examination, physical examination, and appropriate diagnostic and laboratory testing. An online or telephonic evaluation by questionnaire is inadequate; (III) [(iii)] discussing with the patient the diagnosis and the evidence for it, the risks and benefits of various treatment options; and (IV) [(iv)] ensuring the availability of the licensee or coverage of the patient for appropriate follow-up care .[; and] (ii)A proper professional relationship is also considered to exist between a patient certified as having a terminal illness and who is enrolled in a hospice program, or another similar formal program which meets the requirements of subclauses (I) through (IV) of this clause, and the physician supporting the program. To have a terminal condition for the purposes of this rule, the patient must be certified as having a terminal illness under the requirements of 40 TAC §97.403 and 42 CFR 418.22. (M)(No change.) (2) - (6)(No change.)
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal
authority
to adopt.
Filed with the Office of
the Secretary of State on April 12, 2004
TRD-200402456 Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Earliest possible date of adoption: May 23, 2004
For further information, please call: (512) 305-7016
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