Texas Administrative Code (Last Updated: March 27,2024) |
TITLE 22. EXAMINING BOARDS |
PART 9. TEXAS MEDICAL BOARD |
CHAPTER 192. OFFICE-BASED ANESTHESIA SERVICES |
SECTION 192.1. Definitions
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The following words and terms, when used in this chapter, shall have the following meanings, unless the contents indicate otherwise.
(1) ACLS--Advanced Cardiac Life Support, as defined by the AHA. (2) AED--Automatic External Defibrillator. (3) AHA--American Heart Association. (4) Analgesics--Dangerous or scheduled drugs that alleviate pain, but not including non-opioid based drugs such as acetaminophen or non-steroidal anti-inflammatory drugs (NSAIDs). (5) Anesthesia--Use of local anesthetics (in amounts that generate the effect of general anesthesia, regional anesthesia, or monitored anesthesia care), analgesics, anxiolytics, and/or hypnotics to create a loss of feeling or sensation by interrupting or depressing nerve function. (6) Anesthesia Services--The use of anesthesia for the performance of Level II - IV services. (7) Anxiolytics--Dangerous or scheduled drugs used to provide sedation and/or to treat episodes of anxiety. (8) ASHI--American Safety and Health Institute. (9) ASA--American Society of Anesthesiologists. (10) BLS--Basic Life Support, as defined by the AHA. (11) Certified registered nurse anesthetist (CRNA)--A person licensed by the Texas Board of Nursing (TBN) as a registered professional nurse, authorized by the TBN as an advanced practice nurse in the role of nurse anesthetist, and certified by a national certifying body recognized by the TBN. (12) Dangerous drugs--Medications defined by the Texas Dangerous Drug Act, Chapter 483, Texas Health and Safety Code. Dangerous drugs require a prescription, but are not included in the list of scheduled drugs. A dangerous drug bears the legend "Caution: federal law prohibits dispensing without a prescription" or "Prescription Only." (13) Hypnotics--Dangerous or scheduled drugs used to induce unconsciousness. This includes inhaled anesthetics and nonvolatile anesthetic agents such as Barbiturates, Benzodiazepines, Opioids, Etomidate, Propofol, and Ketamine. (14) Level I services--Delivery of analgesics or anxiolytics by mouth, as prescribed for the patient on order of a physician, at a dose level low enough to allow the patient to remain ambulatory. (15) Level II services-- (A) The administration of tumescent anesthesia; (B) The delivery of analgesics or anxiolytics by mouth in dosages greater than allowed at Level I, as prescribed for the patient on order of a physician; or (C) Except as provided by §192.2(b)(9) of this title (relating to Provision of Anesthesia Services in Outpatient Settings), the administration of local anesthesia, peripheral nerve blocks, or both in a total dosage amount that exceeds 50 percent of the recommended maximum safe dosage per outpatient visit. (16) Level III services--Delivery of analgesics or anxiolytics other than by mouth, including intravenously, intramuscularly, or rectally. (17) Level IV services--Delivery of general anesthetics, including regional anesthetics and monitored anesthesia care; spinal, epidural, or caudal blocks for the purposes of providing anesthesia or monitored anesthesia care. (18) Local Anesthetics--Dangerous drugs administered topically or by injection, which interrupt nerve conduction, temporarily creating a loss of sensation to an affected area and that generate the effect of general anesthesia, regional anesthesia, or monitored anesthesia care. (19) Monitored anesthesia care--Includes all aspects of anesthesia care by an anesthesiologist or member of the anesthesia care team including the administration of sedatives, analgesics, hypnotics and other anesthesia agents or medications necessary to ensure patient safety and comfort. May include situations where a patient undergoing a diagnostic or therapeutic procedure receives doses of medication that create a risk of loss of normal protective reflexes or loss of consciousness and the patient remains able to protect the airway during the procedure. If the patient is rendered unconscious and loses normal protective reflexes, then anesthesia care shall be considered a general anesthetic. (20) Outpatient setting--Any facility, clinic, center, office, or other setting that is not a part of a licensed hospital or a licensed ambulatory surgical center with the exception of the following: (A) a clinic located on land recognized as tribal land by the federal government and maintained or operated by a federally recognized Indian tribe or tribal organization as listed by the United States secretary of the interior under 25 U.S.C. §479-1 or as listed under a successor federal statute or regulation; (B) a facility maintained or operated by a state or governmental entity; (C) a clinic directly maintained or operated by the United States or by any of its departments, officers, or agencies; and (D) an outpatient setting where the facility itself is accredited by either The Joint Commission relating to ambulatory surgical centers, the American Association for Accreditation of Ambulatory Surgery Facilities, or the Accreditation Association for Ambulatory Health Care. (21) Board--The Texas Medical Board. (22) PALS--Pediatric Advanced Life Support, as defined by the AHA. (23) Peripheral nerve block--The injection of local anesthetics into an area of the body directly adjacent to a peripheral nerve, for the purpose of blocking the response to pain in the distribution of sensation of that nerve. (24) Physician--A person licensed by the Texas Medical Board as a medical doctor or doctor of osteopathic medicine who diagnoses, treats, or offers to treat any disease or disorder, mental or physical, or any physical deformity or injury by any system or method or effects cures thereof and charges therefore, directly or indirectly, money or other compensation. "Physician" and "surgeon" shall be construed as synonymous. (25) Scheduled Drugs--Medications defined by the Texas Controlled Substances Act, Chapter 481, Texas Health and Safety Code. This Act establishes five categories, or schedules of drugs, based on risk of abuse and addiction. (Schedule I includes drugs that carry an extremely high risk of abuse and addiction and have no legitimate medical use. Schedule V includes drugs that have the lowest abuse/addiction risk.) (26) Tumescent Anesthesia--A specialized type of subcutaneous infiltration of a dilute mixture of local anesthetic and epinephrine known as tumescent solution. Source Note: The provisions of this §192.1 adopted to be effective May 21, 2000, 25 TexReg 4350; amended to be effective June 29, 2006, 31 TexReg 5107; amended to be effective November 30, 2009, 34 TexReg 8539; amended to be effective May 2, 2010, 35 TexReg 3281; amended to be effective May 15, 2012, 37 TexReg 3583; amended to be effective March 18, 2013, 38 TexReg 1875; amended to be effective January 20, 2014, 39 TexReg 284