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) - (ii)(No change.) (iii)Notwithstanding the provisions of this subparagraph, establishing a professional relationship is not required for: (I)a physician to prescribe medications for sexually transmitted diseases for partners of the physician's established patient, if the physician determines that the patient may have been infected with a sexually transmitted disease; or (II)a physician to prescribe dangerous drugs and/or vaccines for [medications to] a patient's close contacts [family members] if the physician diagnoses the patient with one or more of the following infectious diseases listed in items (-a-) - (-g-) of this subclause. For the purpose of this clause, a "close contact" is defined as: any person who provided care for the patient while the patient was symptomatic; or a member of the patient's household. The physician must document the treatment provided to the patient's close contact(s) in the patient's medical record. Such documentation at a minimum must include the close contact's name, drug prescribed, and the date that the prescription was provided. [has an illness determined by the Centers for Disease Control and Prevention, the World Health Organization, or the Governor's office to be pandemic.] (-a-)Chicken Pox; (-b-)Influenza; (-c-)Invasive Haemophilus influenzae Type B; (-d-)Meningococal disease; (-e-)Pertussis; (-f-)Scabies; or (-g-)Shingles. (M) - (O)(No change.) (2) - (7)(No change.)
The agency certifies that legal counsel has
reviewed the proposal and found it to be within the
state agency's
legal authority to adopt.
Filed with the Office
of the Secretary of State on May 12, 2014
TRD-201402214 Mari Robinson, J.D.
Executive Director
Texas Medical Board
Earliest possible date of adoption: June 22, 2014
For further information, please call: (512) 305-7016
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