2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 157 - Authority of Physician to Delegate Certain Medical Acts › Subchapter B. Delegation to Advanced Practice Registered Nurses and Physician Assistants › Section 157.051. Definitions

Sec. 157.051.  DEFINITIONS.  In this subchapter:
(1)  "Advanced practice registered nurse" has the meaning assigned to that term by Section 301.152.  The term includes an advanced nurse practitioner and advanced practice nurse.
(2)   "Controlled substance" has the meaning assigned to that term by Section 481.002, Health and Safety Code.
(3)  "Dangerous drug" has the meaning assigned to that term by Section 483.001, Health and Safety Code.
(4)  "Device" has the meaning assigned by Section 551.003, and includes durable medical equipment.
(5)  "Health professional shortage area" means:
(A)  an urban or rural area of this state that:
(i)  is not required to conform to the geographic boundaries of a political subdivision but is a rational area for the delivery of health services;
(ii)  the secretary of health and human services determines has a health professional shortage; and
(iii)  is not reasonably accessible to an adequately served area;
(B)  a population group that the secretary of health and human services determines has a health professional shortage; or
(C)  a public or nonprofit private medical facility or other facility that the secretary of health and human services determines has a health professional shortage, as described by 42 U.S.C. Section 254e(a)(1).
(6)  "Hospital" means a facility that:
(A)  is:
(i)  a general hospital or a special hospital, as those terms are defined by Section 241.003, Health and Safety Code, including a hospital maintained or operated by the state; or
(ii)  a mental hospital licensed under Chapter 577, Health and Safety Code; and
(B)  has an organized medical staff.
(7)  "Medication order" has the meanings assigned by Section 551.003 of this code and Section 481.002, Health and Safety Code.
(8)  "Nonprescription drug" has the meaning assigned by Section 551.003.
(9)  "Physician assistant" means a person who holds a license issued under Chapter 204.
(10)  "Physician group practice" means an entity through which two or more physicians deliver health care to the public through the practice of medicine on a regular basis and that is:
(A)  owned and operated by two or more physicians; or
(B)  a freestanding clinic, center, or office of a nonprofit health organization certified by the board under Section 162.001(b) that complies with the requirements of Chapter 162.
(11)  "Practice serving a medically underserved population" means:
(A)  a practice in a health professional shortage area;
(B)  a clinic designated as a rural health clinic under 42 U.S.C. Section 1395x(aa);
(C)  a public health clinic or a family planning clinic under contract with the Health and Human Services Commission or the Department of State Health Services;
(D)  a clinic designated as a federally qualified health center under 42 U.S.C. Section 1396d(l)(2)(B);
(E)  a county, state, or federal correctional facility;
(F)  a practice:
(i)  that either:
(a)  is located in an area in which the Department of State Health Services determines there is an insufficient number of physicians providing services to eligible clients of federally, state, or locally funded health care programs; or
(b)  is a practice that the Department of State Health Services determines serves a disproportionate number of clients eligible to participate in federally, state, or locally funded health care programs; and
(ii)  for which the Department of State Health Services publishes notice of the department's determination in the Texas Register and provides an opportunity for public comment in the manner provided for a proposed rule under Chapter 2001, Government Code; or
(G)  a practice at which a physician was delegating prescriptive authority to an advanced practice registered nurse or physician assistant on or before March 1, 2013, based on the practice qualifying as a site serving a medically underserved population.
(12)  "Prescribe or order a drug or device" means prescribing or ordering a drug or device, including the issuing of a prescription drug order or a medication order.
(13)  "Prescription drug" has the meaning assigned by Section 551.003.
(14)  "Prescriptive authority agreement" means an agreement entered into by a physician and an advanced practice registered nurse or physician assistant through which the physician delegates to the advanced practice registered nurse or physician assistant the act of prescribing or ordering a drug or device.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 88, Sec. 1, eff. May 20, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 1.27, eff. September 1, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 418 (S.B. 406), Sec. 2, eff. November 1, 2013.