22 Tex. Admin. Code § 222.10 - Enforcement
(a) Any APRN who violates the sections of
this rule or orders or prescribes in a manner that is not consistent with the
standard of care shall be subject to removal of the authority to order or
prescribe under this section and disciplinary action by the Board. Behaviors
associated with ordering and prescribing medications for which the Board may
impose disciplinary action include, but are not limited to:
(1) ordering, prescribing, dispensing, or
administering medications or devices for other than evidenced based therapeutic
or prophylactic purposes that meet the minimum standards of care;
(2) ordering, prescribing, or dispensing
medications or devices for personal use;
(3) failing to properly assess and document
the assessment prior to ordering, prescribing, dispensing, or administering a
medication or device;
(4) selling,
purchasing, trading, or offering to sell, purchase, or trade a prescription
drug sample;
(5) delegation of
authority to any other person to order, prescribe, or dispense of an order or
prescription for a drug or device; and
(6) failing to access and review the
prescription monitoring program (PMP) authorized by Chapter 481, Health and
Safety Code, before prescribing opioids, benzodiazepines, barbiturates, or
carisoprodol, unless a statutory exemption contained in that chapter has been
documented. If an APRN has made a good faith effort to comply with the
requirement and is unable to do so because of circumstances beyond the APRN's
control, documentation of this effort shall be made on the patient's
prescription or in the patient's electronic prescription record.
(b) Failure to cooperate with a
representative of the Board who conducts an onsite investigation may result in
disciplinary action. Failure to cooperate with a representative of the Board or
the Texas Medical Board who inspects and audits the practice relating to the
implementation and operation of the prescriptive authority agreement may result
in disciplinary action.
(c) The
Board shall immediately notify the Texas Medical Board and the Texas Physician
Assistant Board:
(1) when an APRN licensed by
the Board becomes the subject of an investigation involving the delegation and
supervision of prescriptive authority; and
(2) upon the final disposition of an
investigation involving an APRN licensed by the Board and the delegation and
supervision of prescriptive authority.
(d) Upon receipt of notice from the Texas
Medical Board and/or the Texas Physician Assistant Board that a licensee of one
of those boards is under investigation involving the delegation and supervision
of prescriptive authority, the Board may open an investigation against an APRN
who is a party to the prescriptive authority agreement with the licensee who is
under investigation by the board that provided the notice.
(e) The Board shall report to the United
States Drug Enforcement Administration any of the following:
(1) any significant changes in the status of
the RN license or advanced practice license; or
(2) disciplinary action impacting an APRN's
ability to authorize or issue prescription drug orders and medication
orders.
(f) The practice
of the APRN approved by the Board to order and prescribe is subject to
monitoring by the Board on a periodic basis.
(g) The Board shall maintain a list of APRNs
who have been subject to a final adverse disciplinary action for an act
involving the delegation and supervision of prescriptive authority.
(h) The Board shall provide information to
the public regarding APRNs who are prohibited from entering into or practicing
under a prescriptive authority agreement.
(i) This section takes effect September 1,
2019.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.