reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 309 - SUBSTITUTION OF DRUG PRODUCTS › Section 309.2 - 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. Any term not defined in this section shall have the definition set
				  out in the Act, §551.003 and Chapter 562.
(1) Act--The Texas Pharmacy Act, Occupations
				Code, Subtitle J, as amended.
(2)
				Biological product--A virus, therapeutic serum, toxin, antitoxin, vaccine,
				blood, blood component or derivative, allergenic product, protein (except any
				chemically synthesized polypeptide), or analogous product, or arsphenamine or
				derivative of arsphenamine (or any other trivalent organic arsenic compound),
				applicable to the prevention, treatment, or cure of a disease or condition of
				human beings.
(3) Biosimilar--A
				biological product that is highly similar to the reference product
				notwithstanding minor differences in clinically inactive components and there
				are no clinically meaningful differences between the biological product and the
				reference product in terms of the safety, purity, and potency of the
				product.
(4) Data communication
				device--An electronic device that receives electronic information from one
				source and transmits or routes it to another (e.g., bridge, router, switch, or
				gateway).
(5) Electronic
				prescription drug order--A prescription drug order which is transmitted by an
				electronic device to the receiver (pharmacy).
(6) Generically equivalent--A drug that is
				pharmaceutically equivalent and therapeutically equivalent to the drug
				prescribed.
(7)
				Interchangeable--Referencing a biological product that is:
(A) biosimilar to the reference product and
				can be expected to produce the same clinical result as the reference product in
				any given patient; and if the biological product is administered more than once
				to an individual, the risk in terms of safety or diminished efficacy of
				alternating or switching between use of the biological product and the
				reference product is not greater than the risk of using the reference product
				without such alternation or switch may be substituted for the reference product
				without the intervention of the health care provider who prescribed the
				reference product; or
(B)
				designated as therapeutically equivalent to another product by the United
				States Food and Drug Administration in the most recent edition or supplement of
				the United States Food and Drug Administration's references.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 309 - SUBSTITUTION OF DRUG PRODUCTS › Section 309.3 - Substitution Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) General
				requirements. In accordance with Chapter 562 of the Act, a pharmacist may
				dispense a generically equivalent drug or interchangeable biological product
				if:
(1) the generic drug or interchangeable
				biological product costs the patient less than the prescribed drug
				product;
(2) the patient does not
				refuse the substitution; and
(3)
				the practitioner does not certify on the prescription form that a specific
				prescribed brand is medically necessary as specified in a dispensing directive
				described in subsection (c) of this section.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 309 - SUBSTITUTION OF DRUG PRODUCTS › Section 309.4 - Patient Notification

Current through Reg. 49, No. 28; July 12, 2024
(a) Substitution
				notification. Before delivery of a prescription for a generically equivalent
				drug or interchangeable biological product as authorized by Chapter 562,
				Subchapter A of the Act, a pharmacist must:
(1) personally, or through his or her agent
				or employee inform the patient or the patient's agent that a less expensive
				generically equivalent drug or interchangeable biological product is available
				for the brand prescribed; and ask the patient or the patient's agent to choose
				between the generically equivalent drug or interchangeable biological product
				and the brand prescribed.
(2) A
				pharmacist shall offer the patient or the patient's agent the option of paying
				for a prescription drug at a lower price instead of paying the amount of the
				copayment under the patient's prescription drug insurance plan if the price of
				the prescribed drug is lower than the amount of the patient's
				copayment.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 309 - SUBSTITUTION OF DRUG PRODUCTS › Section 309.5 - Communication with Prescriber

Current through Reg. 49, No. 28; July 12, 2024
(a) Not later
				than the third business day after the date of dispensing a biological product,
				the dispensing pharmacist or the pharmacist's designee shall communicate to the
				prescribing practitioner the specific product provided to the patient,
				including the name of the product and the manufacturer or national drug code
				number.
(b) The communication must
				be conveyed by making an entry into an interoperable electronic medical records
				system or through electronic prescribing technology or a pharmacy benefit
				management system or a pharmacy record, which may include information submitted
				for the payment of claims, that a pharmacist reasonably concludes is
				electronically accessible by the prescribing practitioner. Otherwise, the
				pharmacist or the pharmacist's designee shall communicate the biological
				product dispensed to the prescribing practitioner, using facsimile, telephone,
				electronic transmission, or other prevailing means, provided that communication
				is not required if:
(1) there is no
				interchangeable biological product approved by the United States Food and Drug
				Administration for the product prescribed; or
(2) a refill prescription is not changed from
				the product dispensed on the prior filling of the prescription.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 309 - SUBSTITUTION OF DRUG PRODUCTS › Section 309.6 - Records

Current through Reg. 49, No. 28; July 12, 2024
(a) When the pharmacist dispenses a
				generically equivalent drug or interchangeable biological product pursuant to
				the Subchapter A, Chapter 562 of the Act, the following information shall be
				noted on the original prescription or in the pharmacy's data processing system
				:
(1) any substitution instructions
				communicated orally to the pharmacist by the practitioner or practitioner's
				agent or a notation that no substitution instructions were given; and
(2) the name and strength of the actual drug
				product dispensed shall be noted on the original or hard-copy prescription drug
				order. The name shall be either:
(A) the
				brand name and strength; or
(B) the
				generic name or the name of the interchangeable biological product, strength,
				and name of the manufacturer or distributor of such generic drug or
				interchangeable biological product. (The name of the manufacturer or
				distributor may be reduced to an abbreviation or initials, provided the
				abbreviation or initials are sufficient to identify the manufacturer or
				distributor. For combination drug products having no brand name, the principal
				active ingredients shall be indicated on the prescription.)
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 309 - SUBSTITUTION OF DRUG PRODUCTS › Section 309.7 - Dispensing Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				determination of the drug product to be substituted as authorized by the
				Subchapter A, Chapter 562 of the Act, is the professional responsibility of the
				pharmacist, and the pharmacist may not dispense any product that does not meet
				the requirements of the Subchapter A, Chapter 562 of the Act.
(b) Pharmacists shall use as a basis for the
				determination of generic equivalency or interchangeability as defined in the
				Subchapter A, Chapter 562 of the Act, most recent edition or supplement of the
				United States Food and Drug Administration's references (e.g., the Orange Book
				or Purple Book).
(c) Pharmacists.
For drugs not listed in the Orange Book, pharmacists shall
				  use their professional judgment to determine generic
				  equivalency.
(d) Pharmacists
				shall use Lists of Licensed Biological Products with Reference Product
				Exclusivity and Biosimilarity or Interchangeability Evaluations (Purple Book)
				and current supplements published by the Federal Food and Drug Administration,
				within the limitations stipulated in that publication, to determine
				biosimilarity to or interchangeability with a reference biological
				product.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 309 - SUBSTITUTION OF DRUG PRODUCTS › Section 309.8 - Advertising of Generic Drugs by Pharmacies

Current through Reg. 49, No. 28; July 12, 2024
Prescription drug advertising comparing generic drugs or
				  biological products and brand name drugs or biological products is subject to
				  the §554.054 of the Act and in compliance with federal
				  law.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 311 - CODE OF CONDUCT › Section 311.1 - Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) Complaints alleging violations of the
				Board Code of Conduct by a board employee shall be submitted in writing to the
				executive director. If a board member is notified of a complaint against an
				employee, the board member shall direct the complainant to file a written
				complaint with the executive director. Complaints filed against a peace officer
				employee must comply with §
									614.023
				of the Government Code (relating to Copy of Complaint to be Given to Officer or
				Employee).
(b) The executive
				director shall notify the employee's supervisor that a complaint has been filed
				against the employee. The supervisor shall provide the employee with written
				notice that a complaint has been filed, which contains the date the complaint
				was filed and a description of the complaint. An anonymous complaint or a
				complaint filed by e-mail will not be considered a valid complaint for the
				purposes of this section.
(c) In
				order for a complaint concerning violations of the Code of Conduct to be
				considered valid, such complaint shall contain the following information:
(1) the date the complaint is
				filed;
(2) the date the violation
				occurred;
(3) the complainant's
				name, address, and telephone number;
(4) the name of the board employee;
(5) detailed description of the alleged
				violation;
(6) any written
				documentation or name of witnesses to the alleged violation; and
(7) the signature of the
				complainant.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 311 - CODE OF CONDUCT › Section 311.2 - Procedures Regarding Complaints Filed against Board Members

Current through Reg. 49, No. 28; July 12, 2024
(a) The following procedures are applicable
				with regard to complaints against a board member, if the complaint alleges
				violations of the laws and rules governing the practice of pharmacy.
(1) The complaint shall be reviewed by the
				executive director, who may refer the complaint to the appropriate board staff
				for handling, or if deemed necessary, the executive director may refer the
				complaint to another agency.
(2) If
				the complaint is investigated and the investigation produces evidence of a
				violation of the laws or rules regarding the practice of pharmacy, the board
				staff shall determine if the complaint merits the institution of disciplinary
				action. This decision shall be made in consultation with one board member who
				shall be a pharmacist, but who shall not be the subject of the complaint; the
				board member shall be the president of the board, unless such person is unable
				to serve because he or she does not meet the criteria of this paragraph or for
				some other valid reason. If the president is unable to serve, the order of
				succession shall be vice-president, then treasurer. If none of the pharmacist
				officers are able to serve, then the board president or designee shall
				designate another pharmacist board member to serve.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 315 - CONTROLLED SUBSTANCES › Section 315.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following terms in this section, when used in this
				  chapter, have the following meanings, unless the context clearly indicates
				  otherwise.
(1) TCSA--The Texas
				Controlled Substances Act (Texas Health and Safety Code, Chapter
				481).
(2) Advanced practice
				registered nurse--A registered nurse licensed by the Texas Board of Nursing to
				practice as an advanced practice registered nurse on the basis of completion of
				an advanced educational program. The term includes a nurse practitioner, nurse
				midwife, nurse anesthetist, and clinical nurse specialist. The term is
				synonymous with "advanced nurse practitioner" and "advanced practice
				nurse."
(3) Day--A calendar day
				unless the context clearly indicates a business day.
(4) Drug Enforcement Administration
				(DEA)--The Federal Drug Enforcement Administration.
(5) Electronic transmission--The transmission
				of information in electronic form such as computer to computer, electronic
				device to computer, e-mail, or the transmission of the exact visual image of a
				document by way of electronic media.
(6) Emergency situation--A situation
				described in the Code of Federal Regulations, Title 21,
				§1306.11(d).
(7) Individual
				practitioner--A physician, dentist, veterinarian, optometrist, podiatrist, or
				other individual licensed, registered, or otherwise permitted to dispense a
				controlled substance in the course of professional practice, but does not
				include a pharmacist, a pharmacy, or an institutional practitioner.
(8) Institutional practitioner--A hospital or
				other person (other than an individual practitioner) licensed, registered, or
				otherwise permitted to dispense a controlled substance in the course of
				professional practice, but does not include a pharmacy.
(9) Locum tenen--An individual practitioner
				who practices in a temporary position in this state and licensed by the
				appropriate Texas state licensing board.
(10) Long-term care facility (LTCF)--An
				establishment licensed as such by the Texas Department of Aging and Disability
				Services.
(11) NDC #--A National
				Drug Code number.
(12) Physician
				assistant--An individual licensed as such by the Texas Physician Assistant
				Board.
(13) Record--A notification,
				order form, statement, invoice, prescription, inventory information, or other
				document for the acquisition or disposal of a controlled substance, precursor,
				or apparatus in any manner by a registrant or permit holder under a record
				keeping or inventory requirement of federal law, the TCSA, or this
				chapter.
(14) Reportable
				prescription--A prescription for a controlled substance:
(A) listed in Schedule II through V;
				and
(B) not excluded from this
				chapter by a rule adopted under the TCSA, §481.0761(b).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 315 - CONTROLLED SUBSTANCES › Section 315.2 - Official Prescription Form

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				practitioner may order official prescription forms from the board only if the
				practitioner is registered by the DEA to prescribe a Schedule II controlled
				substance.
(b) The board is the
				sole source for the official prescription forms.
(c) This subsection applies only to an
				institutional practitioner who is employed by a hospital or other training
				institution. An institutional practitioner authorized by a hospital or
				institution to prescribe a Schedule II controlled substance under the DEA
				registration of the hospital or institution may order official prescription
				forms under this section if:
(1) the
				practitioner prescribes a controlled substance in the usual course of the
				practitioner's training, teaching program, or employment at the hospital or
				institution;
(2) the appropriate
				state health regulatory agency has assigned an institutional permit or similar
				number to the practitioner; and
(3)
				the hospital or institution:
(A) maintains a
				current list of each institutional practitioner and each assigned institutional
				permit number; and
(B) makes the
				list available to another registrant or a member of a state health regulatory
				or law enforcement agency for the purpose of verifying the authority of the
				practitioner to prescribe the substance.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 315 - CONTROLLED SUBSTANCES › Section 315.4 - Exceptions to Use of Form

Current through Reg. 49, No. 28; July 12, 2024
(a) An official
				prescription form is not required for a medication order written for a patient
				who is admitted to a hospital at the time the medication order is written and
				dispensed.
(1) A practitioner may dispense or
				cause to be dispensed a Schedule II controlled substance to a patient who:
(A) is admitted to the hospital;
				and
(B) will require an emergency
				quantity of a controlled substance upon release from the hospital.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 315 - CONTROLLED SUBSTANCES › Section 315.5 - Pharmacy Responsibility - Generally

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Upon receipt of a properly completed prescription form, a dispensing pharmacist
				must:
(1) if the prescription is for a
				Schedule II controlled substance, ensure the date the prescription is presented
				is not later than 30 days after the date of issuance;
(2) if multiple prescriptions are issued by
				the prescribing practitioner allowing up to a 90-day supply of Schedule II
				controlled substances, ensure each prescription is neither dispensed prior to
				the earliest date intended by the practitioner nor dispensed beyond 30 days
				from the earliest date the prescription may be dispensed;
(3) record the date dispensed and the
				pharmacy prescription number;
(4)
				indicate whether the pharmacy dispensed to the patient a quantity less than the
				quantity prescribed; and
(5) if
				issued on an official prescription form, record the following information, if
				different from the prescribing practitioner's information:
(A) the brand name or, if none, the generic
				name of the controlled substance dispensed; or
(B) the strength, quantity, and dosage form
				of the Schedule II controlled substance used to prepare the mixture or
				compound.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 315 - CONTROLLED SUBSTANCES › Section 315.6 - Pharmacy Responsibility - Electronic Reporting

Current through Reg. 49, No. 28; July 12, 2024
(a) Not later than the next business day
				after the date a controlled substance prescription is dispensed, a pharmacy
				must electronically submit to the board any data elements indicated as required
				by the board's Data Submission Guide for Dispensers.
(b) A pharmacy must electronically correct
				dispensing data submitted to the board within seven business days of
				identifying an omission, error, or inaccuracy in previously submitted
				dispensing data.
(c) If a pharmacy
				does not dispense any controlled substance prescriptions, the pharmacy must
				electronically submit to the board a zero report indicating that no controlled
				substances were dispensed every seven days. If the pharmacy subsequently begins
				dispensing controlled substances, the pharmacy must begin reporting as
				specified in subsection (a) of this section.
(d) A pharmacy that does not dispense
				controlled substances may request a waiver of the zero reporting requirements
				by submitting a waiver request form and providing any information requested on
				the form. If the pharmacy subsequently begins dispensing controlled substances,
				the waiver is no longer valid, and the pharmacy must begin reporting as
				specified in subsection (a) of this section.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 315 - CONTROLLED SUBSTANCES › Section 315.7 - Pharmacy Responsibility - Oral, Telephonic, or Emergency Prescription

Current through Reg. 49, No. 28; July 12, 2024
(a) If a pharmacy dispenses a controlled
				substance pursuant to an orally or telephonically communicated prescription
				from a practitioner or the practitioner's designated agent, the prescription
				must be promptly reduced to writing, including the information required:
(1) by law for a standard prescription;
				and
(2) by law and this subchapter
				for an official prescription, if issued for a Schedule II controlled substance
				in an emergency situation.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 315 - CONTROLLED SUBSTANCES › Section 315.8 - Pharmacy Responsibility - Modification of Prescription

Current through Reg. 49, No. 28; July 12, 2024
The pharmacy is responsible for documenting the following
				  information regarding a modified prescription:
(1) date the change or adding of information
				was authorized;
(2) information
				that was authorized to be added or changed;
(3) name of the prescribing practitioner
				granting the authorization; and
(4)
				initials or identification code of the pharmacist.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 315 - CONTROLLED SUBSTANCES › Section 315.9 - Pharmacy Responsibility - Out-of-State Practitioner

Current through Reg. 49, No. 28; July 12, 2024
(a) A Schedule II controlled substance
				prescription issued by a practitioner in another state may be dispensed if:
(1) the practitioner is authorized by the
				other state to prescribe the substance;
(2) the pharmacy has a plan approved by and
				on file with the board allowing the activity; and
(3) the pharmacy processes and submits the
				prescription according to the reporting requirements approved in the
				plan.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 315 - CONTROLLED SUBSTANCES › Section 315.10 - Return of Unused Official Prescription Form

Current through Reg. 49, No. 28; July 12, 2024
(a)
				An unused official prescription form is invalid and the practitioner or another
				person acting on behalf of the practitioner must return the unused form to the
				board with an appropriate explanation not later than the 30th day after the
				date:
(1) the practitioner's license to
				practice, DEA number is canceled, revoked, suspended, denied, or surrendered or
				amended to exclude the handling of all Schedule II controlled substances;
				or
(2) the practitioner is
				deceased.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 315 - CONTROLLED SUBSTANCES › Section 315.11 - Release of Prescription Data

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				person listed under §481.076(a) of the TCSA must show proper need for the
				information when requesting the release of prescription data. The showing of
				proper need is ongoing.
(b) A
				pharmacist may delegate access to prescription data to a pharmacist-intern,
				pharmacy technician, or pharmacy technician trainee, as defined by Texas
				Occupations Code, §
									551.003, employed at
				the pharmacy and acting under the direction of the pharmacist.
(c) A practitioner may delegate access to
				prescription data to an employee or other agent of the practitioner and acting
				at the direction of the practitioner.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 315 - CONTROLLED SUBSTANCES › Section 315.12 - Schedule III through V Prescription Forms

Current through Reg. 49, No. 28; July 12, 2024
(a) A practitioner, as defined in the TCSA,
				§481.002(39)(A), (C), and (D), may use prescription forms ordered through
				individual sources or through an electronic prescription that includes the
				controlled substances registration number issued by the United States Drug
				Enforcement Administration and meets all requirements of the TCSA.
(b) If a written prescription form is to be
				used to prescribe a controlled substance the dispensing practitioner must be
				registered with the DEA under both state and federal law to prescribe
				controlled substances.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 315 - CONTROLLED SUBSTANCES › Section 315.13 - Official Prescription Form

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Accountability. A practitioner who obtains from the board an official
				prescription form is accountable for each numbered form.
(b) Prohibited acts. A practitioner may not:
(1) allow another practitioner to use the
				individual practitioner's official prescription form;
(2) pre-sign an official prescription
				blank;
(3) post-date an official
				prescription; or
(4) leave an
				official prescription blank in a location where the practitioner should
				reasonably believe another could steal or misuse a prescription.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 315 - CONTROLLED SUBSTANCES › Section 315.14 - Official Prescription

Current through Reg. 49, No. 28; July 12, 2024
(a) Report lost
				forms. Not later than close of business on the day of discovery, a practitioner
				must report a lost or stolen official prescription form to:
(1) the local police department or sheriff's
				office in an effective manner; and
(2) the board.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 315 - CONTROLLED SUBSTANCES › Section 315.15 - Access Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Effective March
				1, 2020, a pharmacist before dispensing an outpatient prescription for an
				opioid, benzodiazepine, barbiturate, or carisoprodol for a patient shall
				consult the Texas Prescription Monitoring Program (PMP) database to review the
				patient's controlled substance history. The dispensing pharmacist of an
				outpatient prescription shall be responsible for the review of the PMP database
				prior to dispensing the prescription, unless the pharmacy has designated
				another pharmacist whose identity has been recorded in the pharmacy's data
				processing system as responsible for PMP review.
(b) The duty to consult the PMP database as
				described in subsection (a) of this section does not apply in the following
				circumstances:
(1) the prescribing individual
				practitioner is a veterinarian;
(2)
				it is clearly noted in the prescription record that the patient has a diagnosis
				of cancer or sickle cell disease or is in hospice care; or
(3) the pharmacist is unable to access the
				PMP after making and documenting a good faith effort to do so.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 315 - CONTROLLED SUBSTANCES › Section 315.16 - Patient Access to Prescription Monitoring Program Prescription Record

Current through Reg. 49, No. 28; July 12, 2024
(a) A patient, the patient's parent or legal
				guardian if the patient is a minor, or the patient's legal guardian if the
				patient is an incapacitated person as defined by §1002.017(2) of the
				Estates Code, may obtain a copy of the patient's prescription record, including
				a list of persons who have accessed that record, as authorized in
				§481.076(a)(9) of the Texas Controlled Substances Act, by submitting the
				following to the board:
(1) a completed,
				notarized patient data request form, including any information or supporting
				documentation requested on the form;
(2) a copy of the requestor's driver's
				license or other state photo identity card issued by the state's Department of
				Motor Vehicles;
(3) if requesting
				as a parent or legal guardian of the patient, a copy of the patient's birth
				certificate or the order of guardianship over the patient; and
(4) a $50 fee.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 16 - TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 322 - PRACTICE › Section 322.2 - Role Delineation

Current through Reg. 49, No. 28; July 12, 2024
(a) The role of the
				PT.
(1) The PT holds primary responsibility
				for physical therapy care rendered under his supervision.
(2) The PT's professional responsibilities
				include, but are not limited to:
(A)
				Performance and documentation of the initial physical therapy examination and
				evaluation of the patient;
(B)
				Interpretation of the practitioner's referral;
(C) Development and documentation of a plan
				of care;
(D) Implementation of, or
				directing implementation of, the plan of care;
(E) Delegation of tasks to appropriate
				personnel;
(F) Direction and
				supervision of the PTA and physical therapy aide;
(G) Completion and accuracy of the patient's
				physical therapy record;
(H)
				Performance and documentation of the reexamination and reevaluation of the
				patient as described in this section; and when necessary, modification of the
				plan of care;
(I) Discharge of a
				patient or discontinuation of treatment;
(J) Development of any follow-up plan for the
				patient; and
(K) Collaboration with
				members of the health care team when appropriate.
(3) The PT shall not implement any plan of
				care that, in his judgment, is contraindicated.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 16 - TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 322 - PRACTICE › Section 322.3 - Supervision

Current through Reg. 49, No. 28; July 12, 2024
(a) It is the responsibility of each PT
				and/or PTA to determine the number of PTAs and/or aides he or she can supervise
				safely.
(b) Supervision of PTAs.
(1) A supervising PT is responsible for and
				will participate in the patient's care.
(2) A supervising PT must be on call and
				readily available when physical therapy services are being provided.
(3) A PT may assign responsibilities to a PTA
				to provide physical therapy services, based on the PTA's training, that are
				within the scope of activities listed in § 322.1, Provision of
				Services.
(4) The supervising PT
				must hold documented conferences with the PTA regarding the patient. The PT is
				responsible for determining the frequency of the conferences consistent with
				accepted standards of practice.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 16 - TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 322 - PRACTICE › Section 322.5 - Telehealth

Current through Reg. 49, No. 28; July 12, 2024
(a) When used in the rules of the Texas Board
				of Physical Therapy Examiners, telehealth is the use of telecommunications or
				information technology to provide physical therapy services to a patient who is
				physically located at a site in Texas other than the site where the physical
				therapist or physical therapist assistant is located, whether or not in
				Texas.
(b) Physical therapy
				telehealth services must be provided by a physical therapist or physical
				therapist assistant under the supervision of the physical therapist who
				possesses a current:
(1) unrestricted Texas
				license; or
(2) Compact Privilege
				to practice in Texas.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 16 - TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 323 - POWERS AND DUTIES OF THE BOARD › Section 323.1 - Types of Examination

Current through Reg. 49, No. 28; July 12, 2024
It is the duty of the board to evaluate the qualifications of
				  applicants for licensure and to examine applicants through the national
				  examinations selected by the board to measure those qualifications. The passing
				  score on the National Physical Therapy Examination for physical therapists and
				  physical therapist assistants shall be set by the board. In addition, the board
				  shall examine applicants to determine successful completion of the
				  jurisprudence examination covering the Physical Therapy Practice Act and board
				  rules.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 16 - TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 323 - POWERS AND DUTIES OF THE BOARD › Section 323.2 - Investigation Procedure

Current through Reg. 49, No. 28; July 12, 2024
(a) Complaints must
				be made to the Investigation Committee or to the executive director.
(b) The complaint will be forwarded to the
				chairman of the Investigation Committee.
(c) If the Investigation Committee determines
				that a violation of the Act has not occurred, the complainant will be so
				notified and the case closed.
(d)
				If the Investigation Committee determines a violation of the Act has occurred,
				it will:
(1) seek legal recourse as provided
				for in the Act, § 18; or
(2)
				notify the person being complained about of the complaint, specifying the
				sections of the Act which are alleged to have been violated, and schedule an
				informal conference with the individual.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 16 - TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 323 - POWERS AND DUTIES OF THE BOARD › Section 323.3 - Adoption of Rules

Current through Reg. 49, No. 28; July 12, 2024
(a) The board may
				adopt rules consistent with the Physical Therapy Practice Act to carry out its
				duties in administering the Act.
(b) Continuing competence. The board may
				adopt rules relating to the approval of continuing competence activities. The
				board may establish reasonable and necessary fees for the administration of the
				approval of continuing competence activities.
(c) Petition for adoption of rule changes.
(1) In accordance with Texas Government Code,
				§
										2001.021,
				an interested person may request for the adoption, amendment, or repeal of a
				rule of the board by submitting a written petition to the board. In this
				section, "interested person" has the meaning as defined in Texas Government
				Code, §
										2001.021.
				The petition must contain:
(A) the name and
				contact information of the interested person or persons and affiliation or
				organization, if any;
(B) a
				description of the proposed rule change or amendment and the reason for
				it;
(C) the section numbers and
				titles of the rule(s) affected if applicable;
(D) the proposed rule change with an
				indication of language added and/or deleted.
(E) a statement of:
(i) the statutory authority under which the
				rule is to be adopted; and
(ii) the
				public benefits anticipated as a result of adopting the rule or the anticipated
				injury or inequity that could result from the failure to adopt the proposed
				rule.
(F) the
				signature(s) of the requesting person or persons and date of
				signature(s).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 16 - TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 323 - POWERS AND DUTIES OF THE BOARD › Section 323.4 - Request for Proposals for Outsourced Services

Current through Reg. 49, No. 28; July 12, 2024
(a) The board shall conduct a request for
				proposals (RFP) and bid process for all outsourced services, including the
				issuance of agreements or memorandums of understanding with other entities, no
				less than once every four years beginning September 1, 2017. The board may also
				request RFPs at any time by an action of the board.
(b) The board shall develop specific
				guidelines for each RFP and shall review the RFP as part of the biennual
				review.
(c) The board shall review
				all outsourced services on a biennual basis.
(d) An entity entering into an agreement with
				the board shall provide access to financial information as required by the
				RFP.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 16 - TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 323 - POWERS AND DUTIES OF THE BOARD › Section 323.5 - Negotiated Rulemaking

Current through Reg. 49, No. 28; July 12, 2024
It is the policy of the board to engage in negotiated
				  rulemaking procedures consistent with Texas Government Code, Chapter 2008, when
				  appropriate.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 16 - TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 323 - POWERS AND DUTIES OF THE BOARD › Section 323.6 - Alternative Dispute Resolution

Current through Reg. 49, No. 28; July 12, 2024
It is the policy of the board to use alternative dispute
				  resolution where appropriate consistent with Texas Government Code Chapter 2009
				  and any model guidelines issued by the State Office of Administrative Hearings
				  for the use of alternative dispute resolution by state
				  agencies.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 16 - TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 325 - ORGANIZATION OF THE BOARD › Section 325.1 - Elections

Current through Reg. 49, No. 28; July 12, 2024
(a) The governor shall designate a member of
				the board as the presiding officer of the board.
(b) Elections of officers shall be held at
				the second board meeting after new members are appointed.
(c) Officers will assume duties at the next
				board meeting following election.
(d) Vacancies of offices other than the
				presiding officer shall be filled by election at the next board meeting
				following the vacancy.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 16 - TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 325 - ORGANIZATION OF THE BOARD › Section 325.5 - Chairman

Current through Reg. 49, No. 28; July 12, 2024
The chairman shall be the executive officer and preside at
				  all meetings of the board. The chairman shall appoint committees as the board
				  may authorize and shall perform all duties usually pertaining to the office and
				  permitted by this Act.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 16 - TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 325 - ORGANIZATION OF THE BOARD › Section 325.7 - Board Member Terms

Current through Reg. 49, No. 28; July 12, 2024
(a) Members of the
				board serve staggered six-year terms expiring in January of an odd-numbered
				year, or as appointed by the governor.
(b) If a vacancy occurs during a member's
				term, the governor shall appoint a replacement to fill the unexpired part of
				the term.
(c) A member's absence
				from a regularly scheduled board meeting that the member is eligible to attend
				may be excused by a majority vote of the board.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 16 - TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 329 - LICENSING PROCEDURE › Section 329.1 - General Licensure Requirements and Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) Requirements.
				All applications for licensure shall include:
(1) a completed board application form with a
				recent color photograph of the applicant;
(2) the non-refundable application fee as set
				by the executive council; the application fee of applicants who are active U.S.
				military service members or veterans will be waived upon submission of official
				documentation of the active duty or veteran status of the applicant;
(3) a successfully completed board
				jurisprudence exam on the Texas Physical Therapy Practice Act and board
				rules;
(4) documentation of
				academic qualifications:
(A) For applicants
				who completed their physical therapy education at an accredited PT or PTA
				program as defined in §
											321.1(1)
				and §
											321.1(2)
				of this title, the documentation required is:
(i) a transcript sent directly to the board
				from the degree-granting institution;
(I) the
				transcript must show at least active enrollment in the final semester for
				applicants by exam;
(II) the
				transcript must show date degree was conferred for applicants by endorsement;
				and
(ii) a statement
				submitted by the program director or other authorized school official stating
				that the applicant has successfully completed the PT or PTA program for
				applicants by exam.
(B)
				for applicants who completed their physical therapy education outside of the
				U.S., the documentation required is set out in §
											329.5
				of this title (relating to Licensing Procedures for Foreign-Trained
				Applicants);
(C) for applicants who
				are active U.S. military service members or veterans, any military service,
				training or education verified and credited by an accredited PT or PTA program
				is acceptable to the board; and
(5) a criminal history record report from the
				Department of Public Safety and the Federal Bureau of Investigation obtained
				through fingerprinting.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 16 - TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 329 - LICENSING PROCEDURE › Section 329.2 - Licensure by Examination

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Requirements. An applicant applying for licensure by examination must:
(1) meet the requirements as stated in §
										329.1
				of this title (relating to General Licensure Requirements and
				Procedures);
(2) register to take
				the National Physical Therapy Exam (NPTE) and select Texas as the jurisdiction
				for which the applicant will be testing in order to have the first score report
				sent to this state; and
(3) pass
				the NPTE for physical therapists or physical therapist assistants with the
				score approved by the board. Score reports must be sent directly to the board
				by the authorized score reporting service.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 16 - TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 329 - LICENSING PROCEDURE › Section 329.3 - Temporary Licensure

Current through Reg. 49, No. 28; July 12, 2024
(a) For examination
				candidates.
(1) Requirements.
(A) meet all requirements as stated in §
											329.1
				of this title (relating to General Licensure Requirements and
				Procedures);
(B) register for the
				national physical therapy examination;
(C) submit temporary licensee and supervisor
				affidavits as provided by the board; and
(D) submit fees for temporary licensure as
				set by the executive council.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 16 - TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 329 - LICENSING PROCEDURE › Section 329.5 - Licensing Procedures for Foreign-Trained Applicants

Current through Reg. 49, No. 28; July 12, 2024
A foreign-trained applicant must complete the license
				  application process as set out in §
									329.1
				  of this title (relating to General Licensure Requirements and Procedures). In
				  addition, the applicant must submit the following:
(1) An evaluation of professional education
				and training prepared by a board approved credentialing entity. The board will
				maintain a list of approved credentialing entities on the agency website.
(A) The evaluation must:
(i) be based on the Course Work Tool (CWT)
				adopted by the Federation of State Boards of Physical Therapy, specifically the
				version of the tool appropriate to the year the applicant graduated from the
				foreign physical therapy program; and
(ii) provide evidence and documentation that
				the applicant's education is substantially equivalent to the education of a
				physical therapist who graduated from a physical therapy education program
				accredited by the Commission on Accreditation in Physical Therapy Education
				(CAPTE); and
(iii) establish that
				the institution at which the applicant received his physical therapy education
				is recognized by the Ministry of Education or the equivalent agency in that
				country.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 16 - TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 329 - LICENSING PROCEDURE › Section 329.6 - Licensure by Endorsement

Current through Reg. 49, No. 28; July 12, 2024
(a) Eligibility.
				The board may issue a license by endorsement to an applicant currently licensed
				in another state, District of Columbia, or territory of the United States, if
				they have not previously held a permanent license issued by this
				board.
(b) Requirements. An
				applicant seeking licensure by endorsement must:
(1) meet the requirements as stated in §
										329.1
				of this title (relating to General Licensure Requirements and
				Procedures);
(2) provide a score
				report for the National Physical Therapy Examination sent directly to the board
				by the board-approved reporting service, or scores on the Registry Examination
				sent directly to the board by the American Physical Therapy Association. The
				score reported must have satisfied requirements for licensure in a state at the
				time the applicant took the exam; and
(3) provide verification of license from
				every jurisdiction in which the applicant has held or still holds a license,
				sent directly to the board by the issuing jurisdiction. The board may accept
				web-based verification in place of verification sent by another jurisdiction if
				the board is satisfied that the applicant's license(s) is/are valid.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 16 - TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 329 - LICENSING PROCEDURE › Section 329.7 - Exemptions from Licensure

Current through Reg. 49, No. 28; July 12, 2024
(a) The following
				categories of individuals practicing physical therapy in the state are exempt
				from licensure by the board.
(1) A person
				practicing physical therapy in the U.S. armed services, U.S. Public Health
				Service, or Veterans Administration in compliance with federal regulations for
				licensure of health care providers; and
(2) A person who is licensed in another
				jurisdiction of the U.S. and who, by contract or employment, is practicing
				physical therapy in this state for not more than 60 days in a 12 month period
				for an athletic team or organization or a performing arts company temporarily
				competing or performing in this state.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 16 - TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS › Chapter 335 - PROFESSIONAL TITLE › Section 335.1 - Use of Title

Current through Reg. 49, No. 28; July 12, 2024
(a) A licensed
				physical therapist shall use the title physical therapist or the initials PT. A
				licensed physical therapist assistant shall use the title physical therapist
				assistant or the initials PTA. No other titles or initials are conferred by a
				license from this board.
(b) Any
				letters designating other titles, academic degrees, or certifications must
				follow the initials PT or PTA (example: Jane Doe, PT, DPT).
(c) In using the title "doctor" as a trade or
				professional asset or on any manner of professional identification, including a
				sign, pamphlet, stationery, or letterhead, or as a part of a signature, a
				physical therapist shall designate the college or honorary degree that gives
				rise to the use of the title, or the authority under which the title is
				used.
(d) A degree described in
				subsection (b) of this section shall be granted by an institution accredited by
				an accrediting agency recognized by the National Commission on Accrediting or
				the US Department of Education.