(a) A center must adopt and enforce a written policy describing protocols and procedures the center must follow when receiving physician orders. A center's written policy must comply with this section. The center's written policy must ensure the center's compliance with THSC Chapter 248A, applicable rules in this chapter, and applicable state and federal regulations relating to receiving physician orders. If there is a conflict between this chapter and other applicable state and federal laws and regulations, a center must comply with the more stringent requirement.
(b) A center's written policy describing protocols and procedures for receiving physician orders must address:
  (1) receipt of a physician order before providing basic services;
  (2) the licensed staff authorized to accept physician verbal orders;
  (3) the recording and signing of verbal physician orders by licensed staff;
  (4) the time frame for a physician to sign and date verbal orders; and
  (5) whether the center accepts an electronically signed physician order or a physician order submitted via a facsimile machine.
(c) A center may accept signed facsimile copies of physician orders. A center must be able to obtain an original signature to verify a signature on a facsimile copy. If signed physician orders are accepted by this method, the written policy must describe:
  (1) safeguards to ensure that transmitted information is sent to the appropriate individual; and
  (2) the procedure to be followed in the case of misdirected transmission.
(d) A center may accept electronically signed physician orders submitted electronically. If signed physician orders are accepted by this method, the written policy must describe the center's method for verifying that the system and software product the physician uses provides protection against:
  (1) modification of the physician order, including the physician's signature and date of signature; and
  (2) the unauthorized use of the physician's electronic signature.

Source Note: The provisions of this §550.702 adopted to be effective September 1, 2014, 39 TexReg 6569; transferred effective May 1, 2019, as published in the Texas Register April 12, 2019, 44 TexReg 1875