CHAPTER 190. DISCIPLINARY GUIDELINES
SUBCHAPTER B. VIOLATION GUIDELINES
The Texas Medical Board (Board) adopts an amendment on an emergency basis to Chapter 190, relating to Disciplinary Guidelines, §190.8, Violation Guidelines.
The emergency amendment to §190.8 adds an exception to the requirement in paragraph (1)(L) that a physician may only prescribe drugs to a person with whom a proper professional relationship has been established, for the prescription of drugs for a partner of a patient who may have a sexually transmitted disease.
The amendment is adopted on an emergency basis under §2001.034 of the Texas Government Code. The Board finds that the amendment will allow for the immediate treatment of sexually transmitted diseases contracted by partners of patients and therefore remove a current peril to the public health, safety or welfare.
Elsewhere in this issue of the Texas Register, the Texas Medical Board contemporaneously proposes this amendment for permanent adoption.
The amendment is adopted on an emergency basis under §2001.034 of the Texas Government Code and under the authority of the Texas Occupations Code Annotated, §153.001, which provides authority for the Board to adopt rules and bylaws as necessary to: govern its own proceedings; perform its duties; regulate the practice of medicine in this state; enforce this subtitle; and establish rules related to licensure.
No other statutes, articles or codes are affected by the emergency adoption of the amendment.
§190.8.Violation Guidelines.
When substantiated by credible evidence, the following acts, practices, and conduct are considered to be violations of the Act. The following shall not be considered an exhaustive or exclusive listing.
(1) Practice Inconsistent with Public Health and Welfare. Failure to practice in an acceptable professional manner consistent with public health and welfare within the meaning of the Act includes, but is not limited to:
(A) - (K) (No change.)
(L) prescription of any dangerous drug or controlled substance without first establishing a proper professional relationship with the patient.
(i) - (ii) (No change.)
(iii) Notwithstanding the provisions of this subparagraph, establishing a professional relationship is not required for a physician to prescribe medications for sexually transmitted diseases for partners of the physician's established patient, if the physician determines that the patient may have been infected with a sexually transmitted disease.
(M) - (N) (No change.)
(2) - (6) (No change.)
This agency hereby certifies that the emergency adoption has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on March 16, 2009.
TRD-200901085
Mari Robinson, J.D.
Interim Executive Director
Texas Medical Board
Effective Date: April 4, 2009
Expiration Date: August 1, 2009
For further information, please call: (512) 305-7016