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Texas Occupations Code - Section 157.0542. Board Waiver Of Delegation Requirements

Legal Research Home > Texas Lawyer > Occupations Code > Texas Occupations Code - Section 157.0542. Board Waiver Of Delegation Requirements

§ 157.0542. BOARD WAIVER OF DELEGATION REQUIREMENTS.  (a) 
On determining that the conditions of Subsection (b) have been met, 
the board may waive or modify any of the site or supervision 
requirements for a physician to delegate the carrying out or 
signing of prescription drug orders to an advanced practice nurse 
or physician assistant under Sections 157.052, 157.053, 157.054, 
and 157.0541, or under board rules.  The board may not waive the 
limitation on the number of primary or alternate practice sites at 
which a physician may delegate the carrying out or signing of 
prescription drug orders or the number of advanced practice nurses 
or physician assistants to whom a physician may delegate the 
carrying out or signing of prescription drug orders.
	(b)  The board may grant a waiver under Subsection (a) if the 
board determines that:
		(1)  the practice site where the physician is seeking 
to delegate prescriptive authority is unable to meet the 
requirements of this chapter or board rules or compliance would 
cause an undue burden without a corresponding benefit to patient 
care;
		(2)  safeguards exist for patient care and for 
fostering a collaborative practice between the physician and the 
advanced practice nurses and physician assistants;  and
		(3)  if the requirement for which the waiver is sought 
is the amount of time the physician is on-site, the frequency and 
duration of time the physician is on-site when the advanced 
practice nurse or physician assistant is present is sufficient for 
collaboration to occur, taking into consideration the other ways 
the physician collaborates with the advanced practice nurse or 
physician assistant, including at other sites.
	(c)  The board shall establish procedures for granting 
waivers under this section.  At a minimum, the procedures must 
include a process for providing, if the board denies a waiver, a 
written explanation for the denial and identifying modifications 
that would make the waiver acceptable and a process for revoking, 
suspending, or modifying a waiver previously granted.  The process 
for revoking, suspending, or modifying a waiver must include notice 
and an opportunity for a hearing.  The board may probate an order to 
revoke, suspend, or modify a waiver.
	(d)  to (h) Repealed by Acts 2005, 79th Leg., ch. 269, § 
1.49(2).         

Added by Acts 2001, 77th Leg., ch. 112, § 2, eff. May 11, 2001.  
Amended by Acts 2005, 79th Leg., ch. 269, § 1.49(2), eff. Sept. 
1, 2005.

Last modified: August 10, 2007