Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 169 - AUTHORITY OF PHYSICIANS TO SUPPLY DRUGS › Section 169.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise.
(1) Act--The Medical
				Practice Act of Texas, Title 3 Subtitle B Tex. Occ. Code Ann.
(2) Administer--The direct application of a
				drug by injection, inhalation, ingestion, or any other means to the body of a
				physician's patient.
(3) Board--The
				Texas Medical Board.
(4)
				Dispense--Preparing, packing, compounding, or labeling for delivery a
				prescription drug or device in the course of professional practice to an
				ultimate user or his or her agent by or pursuant to the lawful order of a
				physician.
(5) Distribute--The
				delivery of a prescription drug or device other than by administering or
				dispensing.
(6) Immediate
				needs--The amount of a prescription drug needed for the proper treatment of a
				patient until access to a pharmacy is possible. "Immediate needs" shall be
				considered the amount of medication deemed necessary for a 72-hour
				period.
(7) Physician--A licensee
				of the Texas Medical Board.
(8)
				Provision--To supply one or more unit doses of a dangerous drug or controlled
				substance.
(9) Reimbursed for
				cost--An additional charge separate from that made for the physician's
				professional services which includes the cost of the drug product and all other
				actual costs to the physician incidental to providing the dispensing service,
				but not including a separate fee for the act of dispensing the drug product
				itself.
(10) Rural area--An area in
				which there is no pharmacy within a 15-mile radius of the physician's office
				and which is within either a county with a total population of 5,000 or less
				according to the most recent federal census; or a city or town, incorporated or
				unincorporated, with a population of less than 2,500 according to the most
				recent federal census, but not including a city or town, incorporated or
				unincorporated, whose boundaries are adjacent to an incorporated city or town
				with an equal or greater population.
(11) Sample--A prescription drug which is
				prepackaged by the original manufacturer, provided to the physician at no cost
				by the manufacturer, and is either marked as a sample on the original container
				or is included in the physician's records as a sample.
(12) Standing delegation order--Written
				instructions, orders, rules, regulations, or procedures prepared by a physician
				and designed for a patient population with specific diseases, disorders, health
				problems, or sets of symptoms. Such written instructions, orders, rules,
				regulations, or procedures shall delineate under what set of conditions and
				circumstances action should be instituted. These instructions, orders, rules,
				regulations, or procedures are to provide authority of and a plan for use with
				patients presenting themselves prior to being examined or evaluated by a
				physician to assure that such acts are carried out correctly and are distinct
				from specific orders written for a particular patient.
(13) Standing medical orders--Orders, rules,
				regulations, or procedures prepared by a physician or approved by a physician
				or the medical staff of an institution for patients who have been examined or
				evaluated by a physician and which are used as a guide in preparation for and
				carrying out medical and/or surgical procedures. These orders, rules,
				regulations, or procedures are authority and direction for the performance for
				certain prescribed acts for patients by authorized persons as distinguished
				from specific orders written for a particular patient.