(a) A physician may delegate to an advanced practice
registered nurse or physician assistant, acting under adequate physician
supervision, the act of prescribing or ordering a drug or device as
authorized through a prescriptive authority agreement between the
physician and the advanced practice registered nurse or physician
assistant, as applicable.
(b) A physician and an advanced practice registered
nurse or physician assistant are eligible to enter into or be parties
to a prescriptive authority agreement only if:
  (1) if applicable, the Texas Board of Nursing has approved
the advanced practice registered nurse's authority to prescribe or
order a drug or device as authorized under this chapter;
  (2) the advanced practice registered nurse or physician
assistant:
    (A) holds an active license to practice in this state
as an advanced practice registered nurse or physician assistant, as
applicable, and is in good standing in this state; and
    (B) is not currently prohibited by the Texas Board
of Nursing or the Texas Physician Assistant Board, as applicable,
from executing a prescriptive authority agreement.
(c) Before executing the prescriptive authority agreement,
the physician and the advanced practice registered nurse or physician
assistant disclose to the other prospective party to the agreement
any prior disciplinary action by the board, the Texas Board of Nursing,
or the Texas Physician Assistant Board, as applicable.
(d) Except as provided by subsection (e) of this section,
the combined number of advanced practice registered nurses and physician
assistants with whom a physician may enter into a prescriptive authority
agreement may not exceed seven advanced practice registered nurses
and physician assistants or the full-time equivalent of seven advanced
practice registered nurses and physician assistants.
(e) Subsection (d) of this section does not apply to
a prescriptive authority agreement if the prescriptive authority is
being exercised in:
  (1) a practice serving a medically underserved population;
or
  (2) a facility-based practice in a hospital under §157.054,
subject to the limitations in §157.054(b-1) of the Act and §193.9(c)(5)
of this title (relating to Delegation of Prescriptive Authority at
a Facility-Based Practice Site).


Source Note: The provisions of this §193.7 adopted to be effective November 7, 2013, 38 TexReg 7711