Information about laws or rules governing medicine, dentistry, etc and prescription writing can be found in the Texas Law. Much of the law is now available through the internet. By clicking on the thumbnail image above you go to a flowchart that represents the relationship between the various sources of information available. New legislation under consideration can be found by clicking Texas State Legislation in the hyperlinked map. Once a bill is passed, it will be added to the Statutory Law which can be found in Vernon's Civil Statutes or one of the Texas Codes. The Civil Statutes are presently being "codified" into codes, e.g. Government Code, Education Code, etc.. Once the law is made, it is administered by various state agencies. Rules and regulations are developed by the state agencies from the laws. The licensing boards are hotlinked to the state agencies box. These rules are first announced in the Texas Register published by the Secretary of State. The after being proposed, and if there are no substantial problems identified through public hearings, then the proposed rules will be "adopted". The collected adopted rules can be found in the Texas Administrative Code (TAC).
| Federal Legal Process Map | Process for Drug Development (Drug Marketing Classes) |
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This is a hyperlinked map that shows the relationship between the federal agencies involved in drug development. |
Information about federal laws related to drugs and drugs of abuse. Click on the thumbnail figure above and you will see a flowchart representing the flow of work through the federal legal process. Each box can be clicked on to take you to additional information resources at the federal level. In the case of the federal government most of this information is supplied by the National Archives and Records Administration. There are specific links to relevant federal agencies, the Food and Drug Administration, the Drug Enforcement Agency and the Patent Office.
The legislature passes Practice Acts, which establish a Board, which
implements necessary rules.
Rules for Boards are found in the Texas
Administrative Code, Title 22, Examining Boards
| Practice Act | Authorized Board | Rules and Regulations |
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Physicians Medical
Practice Act |
State Board of Medical Examiners | Rules Part IX Chpts 161-199 |
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Physicians
Assistants |
Texas State Board of Physician Assistant Examiners. |
Rules Applying |
|
Dental Practice Act |
State
Board of Dental Examiners |
Dental Licensure Rules Part V Chpts 101-125 |
|
Pharmacy
Practice Act |
Texas State Board of Pharmacy |
Rules and Regulations Title 22, Part XV Chpts 281-311 |
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Nursing Practice Act
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Board of Nurse Examiners | Rules and Regulations Part XI Chpts211-225 |
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Other Practice Acts |
Other Boards |
Other
Rules and Regulations |
Drug Enforcement Agency Home Page
Drug Enforcement Administration Rules, See Code of Federal Regulations Title 21, Vol 9, 1300
USAN Council -I. Develop Generic Names for Drugs
USP Dictionary of USAN and International Drug Names-For purchase, if you want to be an expert!
| Legislation or Rules | Notes |
| Medical Practice Act, Vernon's Texas Civil Statutes, Article 4495b, § 3.06(d)(5) and (6) (You will need to search down to find these sections) |
Authorizes prescribing by PA's and APN's. |
| Board of Medical Examiners Rule 193.8, Standing Delegation Orders | Describes the requirements for standing delegation orders. |
| Nursing Practice Act, Chapter 7 VTCS 4513-4528 | Legislation authorizing the nuring borads. |
| Advanced Practice Nursing-Definitions and Titles | Defines APN specialties. |
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Nursing rules related to prescribing |
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Relates to APN's |
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Relates to provding drugs by nurse midwives. |
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Relates to providing and ordering drugs in a facility by nurse anesthetists |
Advanced Practice Nurse- may prescribe dangerous drugs under a physicians protocol or order in a particular place under particular kinds of supervision.
The APN carries out or signs prescription drug orders under physician supervision which consists of the following and the additional supervision requirements set out in Board of Medical Examiners (BME) Rule 193.8 (relating to Delegation of the Carrying Out or Signing of Prescription Drug Orders to Physician Assistants and Advanced Practice Nurses):
(A) at a site serving medically underserved populations, the physician visits the site at least once every ten business days during which the APN is on site providing care; the physician receives daily reports from the APN regarding complications encountered; and the physician is available for consultation by direct telecommunications; (11/98)
(B) at a physician's primary practice site, the physician is limited to delegation to three full time equivalent APNs; the physician may delegate the carrying out or signing of a prescription drug order for patients with whom the physician has established or will establish a physician-patient relationship but no time period to establish this relationship is required;
(C) at a facility-based practice, where the delegating physician is the medical director, chief of staff, credentialing committee chair, department chair or physician who consents to a request by the medical director or chief of staff; protocols or other orders must be developed in accordance with policies approved by the medical staff; the APN writing prescriptions for patients of physicians, other than the delegating physician, must have the approval of the patient's physician; delegation in long term care facilities is limited to three full time equivalent APNs; and the physician must have the approval of the BME to delegate at more than one licensed hospital or more than two long term care facilities.
Other professionals who prescribe