Health License Defense » PA

New Rules for Website

Jon Porter — Thu, 01 Jul 2010 22:09:26 +0000

For Physicians, Physician Assistants and Acupuncturist, if you have a website for yourself or your practice effect July 1, 2010, the Board has instituted new rules that directly affect you. The rule, I believe is some what onerous and vague. I think it may be difficult for some people to comply with; but if you want to keep the Board off your back, you best attempt to adjust your website accordingly.
The rule is 164.6.Required Disclosures on Websites.
(a) Disclosure. A licensee that maintains a website in relation to the license’s professional practice must clearly disclose:
(1) ownership of the website;
(2) specific services provided;
(3) office address and contact information;
(4) licensure and qualifications of physician(s) and associated health care providers;
(5) fees for online consultation and services and how payment is to be made;
(6) financial interest in any information, products, or services;
(7) appropriate uses and limitations of the site, including providing health advice and emergency health situations;
(8) uses and response times for e-mails, electronic messages, and other communications transmitted via the site;
(9) to whom patient health information may be disclosed and for what purpose;
(10) rights of patients with respect to patient health information; and
(11) information collected and any passive tracking mechanisms utilized.
(b) Accountability. Licensees must provide patients with a clear mechanism to:
(1) access, supplement, and amend patient-provided personal health information;
(2) provide feedback regarding the site and the quality of information and services; and
(3) register complaints, including information regarding filing a complaint with the Texas Medical Board as provided for in Chapter 178 of this title (relating to Complaints).
(c) Advertising/Promotion of Goods or Products. Advertising or promotion of goods or products that a licensee sells outside the normal course of business from which the physician receives direct remuneration or incentives is prohibited.
I would strongly advise you to review your website to ensure it complies with this rule and the information demanded of it is complied with. You may want to consult a professional to ensure compliance.

New rules for APRNs and PAs by the Texas Medical Board

Taralynn Mackay — Wed, 09 Jun 2010 22:18:16 +0000

There are new prescriptive delegation rules drafted by the Texas Medical Board and many physicians, APRNs or PAs may not be aware of the changes. The rules apply to prescriptions, delegation by physicians, practice sites, and review of charts. One of the big areas that can impact an APRN or PA is the requirement for registration (the forms and further info can be found on the Medical Board’s website). Physicians that delegate prescriptive authority to PAs or APNs are required to register with the Texas Medical Board. This became effective on 1/31/2010.

New Proposed Reporting Rules for Physician Assistants

Jon Porter — Thu, 03 Jun 2010 13:15:25 +0000

The Texas Board of Physician Assistants has proposed new rules on information that a Physician Assistant is required to affirmatively report to the Board within 30 days. The proposed rule is:

New §185.27, relating to Duty to Report Certain Conduct to the Board, sets out requirements for physician assistants to report certain events to the PA Board within 30 days of their occurrence.
Rule 185.27 requires reporting within 30 days of:
A) address change,
B) incarceration in a state or federal penitentiary,
C) Any activity concerning a felony offense,
D) Misdemeanors relating to
a. PA responsibilities,
b. morale turpitude,
c. assaultive offenses (except fine only offenses),
d. registering as a sex offender,
e. violating a protective order, including offenses involving bias or prejudice.
f. Being found guilty of offenses involving
i. controlled substances & dangerous drugs
ii. inhalant paraphernalia
iii. guilty of felony under Drug Abuse Prevention & Control Act

If you support or oppose this rule change, you may voice your opinion to the Board as these rules currently are in its comment period.

Changes Coming in Delegation of Prescriptive Authority?

Jon Porter — Thu, 12 Nov 2009 15:37:26 +0000

Texas Medical Board staff met with the representatives of the Texas Nursing Board and the Department of Public Safety regarding prescriptive delegation for mid-level providers. They discussed the two methods that mid-level providers to prescribe scheduled drugs:

(1) The mid-level providers can obtain there own certification with the DEA and DPS. Their individual certification number must appear on their prescription pad and they are required to have a supervisor relationship with a licensed physician. This person is viewed as a “sponsor.”

(2) There must be a standing protocol for the mid-level provider to prescribe using the physician’s prescription pad for the listed symptoms and only prescribe medications that are listed in the protocol for the symptoms.

The parties meet to discuss creating a field on the Texas Medical Board’s Physician Profile that will list all of the mid-level providers under the physician’s sponsorship who have prescriptive authority.

The Texas Medical Board’s Standing Delegation Committee voted to create a sub-committee with the Physician Assistant Board and the Nursing Board to look into the guidelines for supervising physicians over PA’s and APN’s who have prescriptive authority under the physician’s supervision. Their goal is to have everyone on the same page as to what the rules are and the risks involved in prescriptive delegation.

My Take: First, physicians and mid-levels need to be sure they are in full compliance with current level and the correct paper work is in the Board denoting the supervisor relationship. Second, look for the rules to be changed in the future. If you have three boards get together, I can assure you the rules will change. Given the current regulatory climate, I suspect that rules will tighten-up. I just hope that before the Boards publish any rule changes, they talk and meet with “stake holders” in this area as any changes to mid-level prescriptive authority will have significant affect over thousands of providers. Please continue to monitor this blog for changes.