(a) All state facilities and LAs will establish and implement written policies and procedures as approved by their medical staff in accordance with this subchapter.
(b) The prescribing professional will practice within the scope of his or her license with supervision as appropriate to that license.
(c) The prescribing of psychoactive medication will be in accordance with accepted guidelines. Use of psychoactive medication that falls outside accepted guidelines may be permissible if the clinical rationale is documented in the patient record.
(d) In no case will psychoactive medication be used for punishment, for convenience of staff, as a substitute for appropriate psychosocial treatments, or in amounts that interfere with a patient's quality of life or plan of care.
(e) The patient's plan of care will reflect any use of psychoactive medication as part of an integrated treatment approach aimed at increasing the patient's functioning and quality of life.
(f) The prescribing professional will document the rationale for initiating, continuing, or discontinuing psychoactive medication in the clinical record.
(g) Medications traditionally considered psychoactive may be prescribed for nonpsychiatric indications if such use is supported by accepted guidelines and the provisions of this subchapter would not apply.
(h) If a service setting must meet other standards (external or otherwise), the more stringent standards will prevail.
(i) The service setting will have policies and procedures governing the scope of practice regarding prescription of psychoactive medications when the prescribing professional is not a psychiatrist. These policies and procedures must require involvement of a psychiatrist and describe the nature, extent, and time frame of this involvement regarding the following:
  (1) initiation of any psychoactive medication;
  (2) significant changes in the medication regimen other than simple titration or substitution of equivalent medications;
  (3) institution of polypharmacy under §415.7(e)(4) of this title (relating to Prescribing Parameters); and
  (4) prescription of any regimen that falls outside accepted guidelines, including dosing guidelines.
(j) Each service setting must ensure psychiatric consultation is available at all times.

Source Note: The provisions of this §5.5 adopted to be effective August 31, 2004, 29 TexReg 8325; transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8841