(a) A physician may delegate to an advanced practice registered nurse or physician assistant, acting under adequate physician supervision, the act of prescribing or ordering a drug or device as authorized through a prescriptive authority agreement between the physician and the advanced practice registered nurse or physician assistant, as applicable.
(b) A physician and an advanced practice registered nurse or physician assistant are eligible to enter into or be parties to a prescriptive authority agreement only if:
  (1) if applicable, the Texas Board of Nursing has approved the advanced practice registered nurse's authority to prescribe or order a drug or device as authorized under this chapter;
  (2) the advanced practice registered nurse or physician assistant:
    (A) holds an active license to practice in this state as an advanced practice registered nurse or physician assistant, as applicable, and is in good standing in this state; and
    (B) is not currently prohibited by the Texas Board of Nursing or the Texas Physician Assistant Board, as applicable, from executing a prescriptive authority agreement.
(c) Before executing the prescriptive authority agreement, the physician and the advanced practice registered nurse or physician assistant disclose to the other prospective party to the agreement any prior disciplinary action by the board, the Texas Board of Nursing, or the Texas Physician Assistant Board, as applicable.
(d) Except as provided by subsection (e) of this section, the combined number of advanced practice registered nurses and physician assistants with whom a physician may enter into a prescriptive authority agreement may not exceed seven advanced practice registered nurses and physician assistants or the full-time equivalent of seven advanced practice registered nurses and physician assistants.
(e) Subsection (d) of this section does not apply to a prescriptive authority agreement if the prescriptive authority is being exercised in:
  (1) a practice serving a medically underserved population; or
  (2) a facility-based practice in a hospital under §157.054, subject to the limitations in §157.054(b-1) of the Act and §193.9(c)(5) of this title (relating to Delegation of Prescriptive Authority at a Facility-Based Practice Site).

Source Note: The provisions of this §193.7 adopted to be effective November 7, 2013, 38 TexReg 7711