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Category Archives: Physician Licenses

prescription monitoring program, Texas Professional License Defense LawyerDue to the alarming rise in prescription drug abuse, especially among high school students, prescription drug distribution is under increased scrutiny by both federal and state law enforcement. While federal agencies overview controlled substances for prescription from creation to distribution, the current prescription drug problem is most critical at the consumer level. This is important information of which Texas physicians should be aware.

Texas Prescription Program Database

The Texas Prescription Program (TPP) allows Texan physicians the ability to search the prescription database and scan for abuse or multiple prescriptions. The TPP is an important tool for monitoring patient prescriptions and maintaining physician integrity. Properly utilization of the database may assist in protecting diligent practitioners from Texas Medical Board complaints for duplicate prescriptions.

How the Database Works

Use of the database allows physicians the ability to cross-reference what prescription drugs have been recently given by other practitioners to certain patients. The TPP provides physicians defense in double-checking whether or not patients are obtaining prescriptions for the same drugs by other practitioners. Information in the TPP is kept restricted to those professionals, such as health care providers and law enforcement, who are querying a patient’s current prescription use and possible abuse.

Keeping Current Information is a State Requirement

Being allowed access to this monitoring program provides practitioners and pharmacies the chance to make more informed decisions regarding prescriptions. Simultaneously, law enforcement with access to the program can then pinpoint those trying to prescribe or acquire these substances either illegally or for illegal use. The information is required to be kept current by having pharmacists load new information every seven days so that all users of the TPP find useful and up-to-date data.

Important Resource for Physicians

The Texas Prescription Program is not a new program, although the amount and type of prescriptions have changed over the decades in which it has been in effect. The program spans all types of drugs and ages. Moreover, the specific article for teenage abuse is an important step toward eliminating prescription drug abuse.

Ultimately, the TPP is an important tool for physicians to protect themselves. Physicians can access the TPP if they hold a current medical license, DPS number, and DEA prescription license ID.

Speak with a Knowledgeable Texas Professional License Defense Attorney Today

If you are a Texas health care professional with questions about how to safeguard your license and medical practice, please do not delay in consulting with a Texas professional license defense attorney. Please contact Oscar San Miguel, Attorney at Law, for an appointment today.

telemedicine, Texas Professional License Defense AttorneyTelemedicine, or the treatment of patients remotely using technology, can be useful in rural areas or when a physician and patient are located across state lines. However, the laws and rules surrounding telemedicine have been changing. Hence, if practicing telemedicine in Texas, it is important for licensed physicians to understand the recent changes in the law and Texas Medical Board rules.

In 2008, Congress passed the Ryan Haight Online Pharmacy Consumer Protection Act in response to concerns about people obtaining prescription medications via the Internet. The law is named after a teen who died from a prescription drug overdose—a drug he purchased online without seeing a physician.

The law mandates that a prescribing physician must assess a patient in person at least once before prescribing a drug. However, the law creates an exemption for a physician who practices telemedicine if the physician is at a location that is remote from a patient and the patient is at a DEA-registered hospital or clinic and the practitioner acts in the course of his or her practice in compliance with state law and is DEA-registered. There are additional exceptions contained in the federal law which are applicable to physicians practicing under a public health emergency, employees of the Veterans Health Administration, or practitioners who have obtained a special registration from the Attorney General, as well as others.

Moreover, the Texas Medical Board’s rules regarding telemedicine practiced by licensed physicians are complex, but are generally less strict than federal law. The rules do not require an “in person” meeting between a physician and his or her patient as long as the patient is:

  • At a hospital or other medical facility,

  • The physician is able to create a relationship with the patient, and

  • There is a qualified presenter who can examine the patient for the prescribing physician.

Recently, the Board enacted an emergency rule that would prohibit the use of telemedicine to prescribe controlled substances and require a physician to assess the patient in person before prescribing any controlled substances. But, a judge issued a temporary restraining order preventing the Board’s emergency rule from taking effect. The Board must decide how it wants to react to the judge’s ruling. Until the matter is finally settled, it is anyone’s guess as to what the rule will be in Texas.

If you practice, or are considering practicing telemedicine in Texas, you should have the assistance of an experienced Texas professional license defense attorney to navigate the federal and state laws and Board rules surrounding the practice of telemedicine. Contact Oscar San Miguel, Attorney at Law, for a consultation today.

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Austin, Texas Professional License Defense Attorney Oscar San Miguel represents clients who are located in Austin, Houston, Dallas, San Antonio, El Paso, Fort Worth, Arlington, Amarillo, Lubbock, Brownsville, Laredo, Harlingen, McAllen, Round Rock, Longview, Travis County, Harris County, Dallas County, Tarrant County, Bexar County, Fort Bend County, Montgomery County, Cameron County, Nueces County, El Paso County, Potter County, Lubbock County, Grayson County, Collin County and throughout Texas.
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