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 Updated: 12/8/2004 |
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Delegated Prescriptive Authority for Scheduled/Controlled Substances
Description and Process
In 2003 the Texas Legislature passed a law that allows the supervising physician the option to delegate prescriptive authority of scheduled/controlled medications to the PA. The essentials of the law include:
The supervising physician may:
1. Delegate prescriptive authority to a Physician Assistant for Schedule/Controlled III-V medications;
2. The prescription may be for no more than 30 days;
3. Refills of a scheduled/controlled medication requires consultation with the supervising physician and documentation in the patient's chart of such consultation;
4 A prescription for a Schedule/Controlled medication to a child less than two years of age requires consultation with the supervising physician and documentation in the patient's chart of such consultation.
Rules for the scheduled medication authority are in Standing Delegation Orders 193.6 (n) and are posted at the web site of the TSBME at http://www.tsbme.state.tx.us/. Delegation of this authority should not occur until you have registered with the Texas Department of Safety (DPS) and the Drug Enforcement Administration (DEA). As well as understanding this delegatory authority and this new responsibility, it is important to also review Chapter 481 of the Texas Administrative Code known as The Texas Controlled Substance Act. This provides additional statutory information in regard to prescribing scheduled medications. Essentially a must see! You should be able to access this health and safety code site at http://www.capitol.state.tx.us/statutes/hstoc.html.
The process for pursuing delegated prescriptive authority of Scheduled/Controlled substances are as follows:
1. There should be mutual consensus between you and your supervising physician on the delegation of this authority.
2. Your protocol, collaborative practice agreement, etc. should be updated to reflect this delegation authority.
3. The process first requires that you have prescriptive authority from your supervising physician registered with the TSBME/TSBPAE. The form and instructions for registering supervision and prescriptive delegation are available on the TSBME web site at www.tsbme.state.tx.us. If you have registered already, you do not need to register again.
4. Next you must obtain an application from the DPS for a Controlled Substance Registration Certificate. (The DEA will not process your application until the DPS has approved your registration). You can request an application by calling the Austin DPS office at 512-424-2188 or send an e-mail request for an application to tppcsr@txdps.state.tx.us.
Your request must include your full name, your professional title, mailing address, and a telephone number. The application fee is $25.00. There is no on-line application
and the original application and fee must be mailed to the DPS.
This application will require the signature of every supervising physician who will be delegating you prescriptive authority for scheduled/controlled substances. DPS will require you to designate one supervising physician as your primary physician. If you have more than one supervising physician you must decide who will be listed as your primary physician on the certificate.
The application process will require checking the credentials of the PA and each delegating, supervising physician. Be sure the supervising physicians who will be delegating are registered at the TSBME as delegating to you prescriptive authority. You can check this by going to the TSBME web site for information on health professionals at www.tsbme.state.tx.us/verification/docfdr.htm.
5.Once you have received your Controlled Substance Registration Certificate by the DPS you will next need to register with the DEA. The DEA applications can be accessed at www.deadiversion.usdoj.gov/ or you can call the Dallas office at 888-336-4704 or Houston office 800-743-0595. The application fee for registering will cost $230.00 and both the application original and fee must be mailed in. It is anticipated the application process may also take up to 2 months to complete but hopefully less.
If you currently have a DEA number you will not have to apply for a new number. You still must register with DPS for a Controlled Substance Registration Certificate.
This document and any updates will be posted on the TAPA web site at http://www.tapa.org/. The Texas Academy of Physician Assistants provides this notice as a service to its members.
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Prescriptive Authority Information 