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Texas Physicians Accused of Not Complying with Prescription Delegation Regulations

Medical License DefenseFor physicians in Texas, there are certain regulations in place that decree just how and to whom they may delegate their authority to prescribe medications. The Texas Medical Board, which is charged with oversight of the medical profession, has made these rules quite stringent, as the ability to prescribe medications is one of the key elements to the profession and one that is most ripe for abuse.

The only types of professionals to whom a physician may delegate their prescriptive power are Advance Practice Registered Nurses (APRNs) and Physicians Assistants (PAs). Of course, this right to delegate is not automatic. Any physician wishing to enact such a scenario must first register to do so with the Board, via its online prescriptive delegation registration system, through which they can both register prescriptive authority and file their required notice of intent to supervise. APRNS and PAs must also register.

The Texas Medical Practice Act requires that prescriptive delegation by adequately supervised by the physician, which is managed using specific measures to ensure the supervision is of high quality. One of these measures is chart review alongside in-person meetings between the physician and the professional to whom they have delegated prescriptive authority. At these meetings, the physician and their delegated prescriber must share any information concerning the treatment and care of patients, any necessary changes in patient care plans, and any means by which patient care might be improved.

Moreover, the physician and APRN or AP must enter into a prescriptive authority agreement. This agreement delegates from the physician to the other professional the authority to prescribe medications. Among other elements, this agreement must include the professional license numbers of both parties, and must explicitly identify the categories of medications that the AP or ARPN may prescribe on behalf of the physician.

Contact a Medical License Defense Attorney Today

Any alleged violations of these regulations that are reported to the Texas Medical Board may result in discipline or even loss of license. So if you find that you are served with notice of a complaint, you should contact an experienced professional license defense attorney, like us here at BERTOLINO LLP, as soon as possible. The more time we have to craft a response, the better. And the earlier in the process we are involved, the more likely you are to achieve a positive outcome—including possible dismissal of the complaint. This is our specialty—and we all know how much knowledge a specialty requires. But we can't help if you don't contact us.

With offices in Austin, Houston, and San Antonio, we represent medical professionals across the entire State of Texas. Our honest, experienced attorneys will fight aggressively on behalf of your license and reputation.

Contact us today or call (512) 717-5432 and schedule a case evaluation.

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Attorney Tony R. Bertolino is the Managing Partner with Bertolino LLP. Our law firm has been able to help people across the state of Texas. If you need an experienced lawyer to represent you, contact Bertolino LLP today.

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