OCCUPATIONS CODE

TITLE 3. HEALTH PROFESSIONS

SUBTITLE J. PHARMACY AND PHARMACISTS

CHAPTER 563. PRESCRIPTION REQUIREMENTS;  DELEGATION OF ADMINISTRATION AND PROVISION OF DANGEROUS DRUGS

SUBCHAPTER B. DELEGATION OF ADMINISTRATION AND PROVISION OF DANGEROUS DRUGS

Sec. 563.051.  GENERAL DELEGATION OF ADMINISTRATION AND PROVISION OF DANGEROUS DRUGS.  (a)  A physician may delegate to any qualified and properly trained person acting under the physician's supervision the act of administering or providing dangerous drugs in the physician's office, as ordered by the physician, that are used or required to meet the immediate needs of the physician's patients.  The administration or provision of the dangerous drugs must be performed in compliance with laws relating to the practice of medicine and state and federal laws relating to those dangerous drugs.
(b)  A physician may also delegate to any qualified and properly trained person acting under the physician's supervision the act of administering or providing dangerous drugs through a facility licensed by the board, as ordered by the physician, that are used or required to meet the needs of the physician's patients.  The administration of those dangerous drugs must be in compliance with laws relating to the practice of medicine, professional nursing, and pharmacy and state and federal drug laws.  The provision of those dangerous drugs must be in compliance with:
(1)  laws relating to the practice of medicine, professional nursing, and pharmacy;
(2)  state and federal drug laws;  and
(3)  rules adopted by the board.
(c)  The administration or provision of the drugs may be delegated through a physician's order, a standing medical order, a standing delegation order, or another order defined by the Texas State Board of Medical Examiners.
(d)  This section does not authorize a physician or a person acting under the supervision of a physician to keep a pharmacy, advertised or otherwise, for the retail sale of dangerous drugs, other than as authorized under Section 158.003, without complying with the applicable laws relating to the dangerous drugs.
(e)  A practitioner may designate a licensed vocational nurse or a person having education equivalent to or greater than that required for a licensed vocational nurse to communicate the prescriptions of an advanced practice nurse or physician assistant authorized by the practitioner to sign prescription drug orders under Subchapter B, Chapter 157.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.308(a), eff. Sept. 1, 2001.

Sec. 563.052.  SUITABLE CONTAINER REQUIRED.  A drug or medicine provided under this subchapter must be supplied in a suitable container labeled in compliance with applicable drug laws.  A qualified and trained person, acting under the supervision of a physician, may specify at the time of the provision of the drug the inclusion on the container of the date of the provision and the patient's name and address.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 563.053.  DISPENSING OF DANGEROUS DRUGS IN CERTAIN RURAL AREAS.  (a)  In this section, "reimbursement for cost" means an additional charge, separate from that imposed for the physician's professional services, that includes the cost of the drug product and all other actual costs to the physician incidental to providing the dispensing service.  The term does not include a separate fee imposed for the act of dispensing the drug itself.
(b)  This section applies to an area located in a county with a population of 5,000 or less, or in a municipality or an unincorporated town with a population of less than 2,500, that is within a 15-mile radius of the physician's office and in which a pharmacy is not located.  This section does not apply to a municipality or an unincorporated town that is adjacent to a municipality with a population of 2,500 or more.
(c)  A physician who practices medicine in an area described by Subsection (b) may:
(1)  maintain a supply of dangerous drugs in the physician's office to be dispensed in the course of treating the physician's patients;  and
(2)  be reimbursed for the cost of supplying those drugs without obtaining a license under Chapter 558.
(d)  A physician who dispenses dangerous drugs under Subsection (c) shall:
(1)  comply with each labeling provision under this subtitle applicable to that class of drugs;  and
(2)  oversee compliance with packaging and recordkeeping provisions applicable to that class of drugs.
(e)  A physician who desires to dispense dangerous drugs under this section shall notify both the board and the Texas State Board of Medical Examiners that the physician practices in an area described by Subsection (b).  The physician may continue to dispense dangerous drugs in the area until the board determines, after notice and hearing, that the physician no longer practices in an area described by Subsection (b).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 563.054.  ADMINISTRATION OF DANGEROUS DRUGS.  (a)  A veterinarian may:
(1)  administer or provide dangerous drugs to a patient in the veterinarian's office, or on the patient's premises, if the drugs are used or required to meet the needs of the veterinarian's patients;
(2)  delegate the administration or provision of dangerous drugs to a person who:
(A)  is qualified and properly trained;  and
(B)  acts under the veterinarian's supervision;  and
(3)  itemize and receive compensation for the administration or provision of the dangerous drugs under Subdivision (1).
(b)  This section does not permit a veterinarian to maintain a pharmacy for the retailing of drugs without complying with applicable laws.
(c)  The administration or provision of dangerous drugs must comply with:
(1)  laws relating to the practice of veterinary medicine;  and
(2)  state and federal laws relating to dangerous drugs.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.