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Most practitioners and businesses that handle controlled substances are required to hold a controlled substances registration with the Drug Enforcement Administration. This includes physicians, pharmacies, dentists, hospitals, manufacturers, reverse-distributors, nurse practitioners, and virtually everyone else who possesses, prescribes, manufactures, or dispenses controlled substances.  Depending on the state, the practitioner or entity may also be required to hold a state-level registration issued by the applicable state entity. For example, until 2016 practitioners and entities in Texas…
Most pharmacies and pharmacists targeted for an investigation by the Texas State Board of Pharmacy can expect to receive an invitation to an informal conference at some point during their case. At the informal conference, the license holder and their attorney meet with a Board panel to answer questions and present their defense to any alleged violations of the Texas Pharmacy Act. From the perspective of the pharmacy or pharmacist, the goal of the informal…
One of the most important healthcare bills to come out of the 85th regular Texas legislative session is Senate Bill 1107. This bill, which has been signed by Governor Abbott, resets the playing field for telemedicine and brings Texas law more in line with other states. Previously, the scope of telemedicine in Texas had been restricted by statutes and Texas Medical Board rules which required a practitioner who wanted to treat a patient via telemedicine…
Since the start of the new year, Governor Abbott has appointed six new members to the Texas Medical Board. The new members, whose terms are set to expire in April 2021, include five physicians and one public member. One of the new appointees, Sherif Zaafran, M.D., has also been named the Board’s new president. Dr. Zaafran, an anesthesiologist, takes over from Michael Arambula, M.D., Pharm.D., who has severed as the Board’s president for the last…
Prior to being admitted to the Texas Bar, applicants must first demonstrate present good moral character. The agency in charge of making this determination, as well as ensuring applicants meet all other eligibility criteria, is the Texas Board of Law Examiners. The Board of Law Examiners, also referred to as the “BLE,” consists of nine attorneys appointed by the Texas Supreme Court. The ultimate decision on whether to admit an applicant to the Texas Bar…
  Some notable legislation came out of the 84th Legislative Session, at least as it relates to the practice of medicine in the state, and specifically the state’s efforts to fight prescription abuse. Senate Bill 195, passed in the most recent legislative session, serves up some significant changes to the Department of Public Safety’s (DPS) role in regulating the prescribing of controlled substances.  Effective September 1, 2016, a physician or practitioner in the state of Texas…
  It should go without saying given the Texas Medical Board’s recent aggressive regulatory stance on the treatment of chronic pain, Texas physicians involved in the practice of testosterone and hormone replacement therapy should be made aware of a discussion by the Board at a recent Board meeting regarding a U.S. Food and Drug Association (FDA) safety announcement. On January 31, 2014, the FDA issued a safety announcement alerting the public the FDA was investigating…
  The processing of complaints filed with the State Board of Dental Examiners (“Board”) is governed by Chapter 255, Title 3, Occupations Code and Rules 107.00 through 107.103 of the Board’s Rules. After deciding that the complaint involves potential violations, Board Staff has the authority to schedule an informal settlement conference, draw up a proposed board order, or file a formal complaint with the State Office of Administrative Hearings. As the informal settlement conference track gives…
In the past year-and-a-half there have been several changes to the Texas Peer Assistance Program for Nurses (TPAPN). First, the length of participation has been increased from two years to three years for RNs and LVNs and three to five years for nurse practitioners and CRNAs. This change brings TPAPN more in line with the other official peer assistance programs for health care professionals in Texas such as the Texas Physician Health Program and Professional…
  Since its inception several years ago, the Texas Physician Health Program has provided a valuable option for physicians suffering from chemical dependency, serious mental illness, or physical impairment. For appropriate Texas physicians, the Physician Health Program (also known by its acronym “PHP”) can help a practitioner set up a structured recovery or monitoring program based on recommendations by qualified medical and mental health professionals. Additionally, in most instances participation in PHP is confidential and…