Texas Occupations Code - Section 157.059. Delegation Regarding Certain Obstetrical Services
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§ 157.059. DELEGATION REGARDING CERTAIN OBSTETRICAL
SERVICES. (a) In this section, "provide" means to supply, for a
term not to exceed 48 hours, one or more unit doses of a controlled
substance for the immediate needs of a patient.
(b) A physician may delegate to a physician assistant
offering obstetrical services and certified by the board as
specializing in obstetrics or an advanced practice nurse recognized
by the Board of Nurse Examiners as a nurse midwife the act of
administering or providing controlled substances to the physician
assistant's or nurse midwife's clients during intrapartum and
immediate postpartum care.
(c) The physician may not delegate the use of a prescription
sticker or the use or issuance of an official prescription form
under Section 481.075, Health and Safety Code.
(d) The delegation of authority to administer or provide
controlled substances under Subsection (b) must be under a
physician's order, medical order, standing delegation order, or
protocol that requires adequate and documented availability for
access to medical care.
(e) The physician's orders, medical orders, standing
delegation orders, or protocols must require the reporting of or
monitoring of each 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.
(f) The authority of a physician to delegate under this
section is limited to:
(1) three 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.
(g) The controlled substance must be supplied in a suitable
container that is labeled in compliance with the applicable drug
laws and must include:
(1) the patient's name and address;
(2) the drug to be provided;
(3) the name, address, and telephone number of the
physician;
(4) the name, address, and telephone number of the
nurse midwife or physician assistant; and
(5) the date.
(h) This section does not authorize a physician, physician
assistant, or nurse midwife to operate a retail pharmacy as defined
under Subtitle J.
(i) This section authorizes a physician to delegate the act
of administering or providing a controlled substance to a nurse
midwife or physician assistant but does not require physician
delegation of:
(1) further acts to a nurse midwife; or
(2) the administration of medications by a physician
assistant or registered nurse other than as provided by this
section.
(j) This section does not limit the authority of a physician
to delegate the carrying out or signing of a prescription drug order
involving a controlled substance under this subchapter.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2003, 78th Leg., ch. 88, § 7, eff. May 20, 2003.
Section: 157.054 157.0541 157.0542 157.055 157.056 157.057 157.058 157.059 157.060 157.101 158.001 158.002 158.003 159.001 159.002
Last modified: August 10, 2007
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