The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Act--The Medical Practice Act of Texas, Title 3 Subtitle B Tex. Occ. Code Ann.

(2) Administer--The direct application of a drug by injection, inhalation, ingestion, or any other means to the body of a physician's patient.

(3) Board--The Texas Medical Board.

(4) Dispense--Preparing, packing, compounding, or labeling for delivery a prescription drug or device in the course of professional practice to an ultimate user or his or her agent by or pursuant to the lawful order of a physician.

(5) Distribute--The delivery of a prescription drug or device other than by administering or dispensing.

(6) Immediate needs--The amount of a prescription drug needed for the proper treatment of a patient until access to a pharmacy is possible. "Immediate needs" shall be considered the amount of medication deemed necessary for a 72-hour period.

(7) Physician--A licensee of the Texas Medical Board.

(8) Provision--To supply one or more unit doses of a dangerous drug or controlled substance.

(9) Reimbursed for cost--An additional charge separate from that made for the physician's professional services which includes the cost of the drug product and all other actual costs to the physician incidental to providing the dispensing service, but not including a separate fee for the act of dispensing the drug product itself.

(10) Rural area--An area in which there is no pharmacy within a 15-mile radius of the physician's office and which is within either a county with a total population of 5,000 or less according to the most recent federal census; or a city or town, incorporated or unincorporated, with a population of less than 2,500 according to the most recent federal census, but not including a city or town, incorporated or unincorporated, whose boundaries are adjacent to an incorporated city or town with an equal or greater population.

(11) Sample--A prescription drug which is prepackaged by the original manufacturer, provided to the physician at no cost by the manufacturer, and is either marked as a sample on the original container or is included in the physician's records as a sample.

(12) Standing delegation order--Written instructions, orders, rules, regulations, or procedures prepared by a physician and designed for a patient population with specific diseases, disorders, health problems, or sets of symptoms. Such written instructions, orders, rules, regulations, or procedures shall delineate under what set of conditions and circumstances action should be instituted. These instructions, orders, rules, regulations, or procedures are to provide authority of and a plan for use with patients presenting themselves prior to being examined or evaluated by a physician to assure that such acts are carried out correctly and are distinct from specific orders written for a particular patient.

(13) Standing medical orders--Orders, rules, regulations, or procedures prepared by a physician or approved by a physician or the medical staff of an institution for patients who have been examined or evaluated by a physician and which are used as a guide in preparation for and carrying out medical and/or surgical procedures. These orders, rules, regulations, or procedures are authority and direction for the performance for certain prescribed acts for patients by authorized persons as distinguished from specific orders written for a particular patient.

Source Note: The provisions of this §169.2 adopted to be effective April 27, 1990, 15 TexReg 2167; amended to be effective April 27, 2003, 28 TexReg 3325; amended to be effective August 10, 2008, 33 TexReg 6134