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Clarification Regarding Physician Delegation Authority

On Jan. 6, 2025, HHSC adopted a new rule in Texas Administrative Code Title 26 (26 TAC) Section 568.42, Responding to a Psychiatric Emergency.

The rule requires hospitals to engage in certain protocols when administering emergency psychoactive medication to a patient. 26 TAC Section 568.42(b) states that "only a treating physician may issue an order to administer emergency psychoactive medication without a patient's consent."

This GovDelivery is to clarify that except as provided for in 26 TAC §568.22(h)(3), no rule in the Texas Administrative Code impacting HHSC Health Care Regulation licensed facilities, including 26 TAC Section 568.42, shall be interpreted to limit or override physician delegation authority authorized under Texas Occupations Code Chapter 157 and applicable Texas Medical Board (TMB) rules.

If you have questions about this clarification, email HCR_PRU@hhs.texas.gov.