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A BILL TO BE ENTITLED
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AN ACT
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relating to the licensing and regulation of pain management |
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clinics. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 3, Occupations Code, is |
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amended by adding Chapter 167 to read as follows: |
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CHAPTER 167. REGULATION OF PAIN MANAGEMENT CLINICS |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 167.001. DEFINITION. In this chapter, "pain |
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management clinic" means a publicly or privately owned facility for |
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which a majority of patients are issued a prescription for opioids, |
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benzodiazepines, or barbiturates, including carisoprodol. |
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Sec. 167.002. EXEMPTIONS. This chapter does not apply to: |
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(1) a medical or dental school or an outpatient clinic |
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associated with a medical or dental school; |
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(2) a hospital, including any outpatient facility or |
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clinic of a hospital; |
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(3) a hospice established under 40 T.A.C. Section |
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97.403 or defined by 42 C.F.R. Section 418.3; |
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(4) a facility maintained or operated by this state; |
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(5) a clinic maintained or operated by the United |
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States; or |
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(6) a medical facility otherwise licensed and |
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regulated by the board. |
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[Sections 167.003-167.050 reserved for expansion] |
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SUBCHAPTER B. POWERS AND DUTIES OF BOARD |
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Sec. 167.051. ADOPTION OF RULES. (a) The board shall adopt |
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rules necessary to implement this chapter, including rules to |
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address, for a pain management clinic: |
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(1) the operation of the clinic; |
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(2) personnel requirements for the clinic, including |
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requirements for a physician who practices at a clinic; |
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(3) standards to ensure quality of patient care; |
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(4) licensing application and renewal procedures and |
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requirements; |
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(5) inspections and complaint investigations; and |
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(6) patient billing procedures. |
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(b) The board by rule shall prescribe fees under this |
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chapter in amounts sufficient to administer the requirements of |
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this chapter. |
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Sec. 167.052. INSPECTIONS. The board may inspect a pain |
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management clinic, including the documents of a physician |
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practicing at the clinic, at reasonable times as necessary to |
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ensure compliance with this chapter. |
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Sec. 167.053. COMPLAINTS. The board shall investigate a |
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complaint alleging a violation of this chapter or a rule adopted |
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under this chapter by a pain management clinic licensed under this |
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chapter or a physician who owns or operates a clinic in the same |
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manner as other complaints under this subtitle. |
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[Sections 167.054-167.100 reserved for expansion] |
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SUBCHAPTER C. LICENSING OF CLINIC |
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Sec. 167.101. LICENSE REQUIRED. (a) A pain management |
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clinic may not operate in this state unless the clinic is licensed |
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under this chapter. |
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(b) A license issued under this chapter is not transferable |
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or assignable. |
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Sec. 167.102. LICENSE APPLICATION AND ISSUANCE. (a) A |
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physician who owns or operates a pain management clinic shall apply |
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for a license for the clinic under this chapter. A pain management |
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clinic must be owned and operated by a medical director who is a |
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physician who practices in this state under an unrestricted |
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license. |
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(b) An applicant for a license under this chapter must |
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submit an application to the board on a form prescribed by the |
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board. |
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(c) Each application must be accompanied by a nonrefundable |
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license fee, not to exceed $1,000, in an amount set by the board. |
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(d) The board shall issue a license if, after inspection and |
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investigation, it finds that the clinic meets the requirements of |
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this chapter and the standards adopted by the board under this |
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chapter. |
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[Sections 167.103-167.150 reserved for expansion] |
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SUBCHAPTER D. LICENSE RENEWAL |
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Sec. 167.151. EXPIRATION OF LICENSE. (a) A license issued |
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under this chapter expires on the second anniversary of the date it |
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is issued. |
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(b) The board shall grant a 180-day grace period from the |
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expiration date of a license to renew the license. |
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(c) The owner or operator of a pain management clinic for |
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which a license has expired may not continue to operate the clinic |
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until the clinic's license is renewed. |
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Sec. 167.152. REQUIREMENTS FOR RENEWAL. (a) The owner or |
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operator of a pain management clinic may apply to renew a license |
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issued to the clinic under this chapter by: |
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(1) submitting a renewal application to the board on |
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the form prescribed by the board before the expiration of the grace |
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period under Section 167.151; |
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(2) paying the renewal fee, not to exceed $1,000, set |
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by the board; |
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(3) passing an inspection of the pain management |
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clinic to ensure compliance with this chapter; and |
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(4) complying with any other requirements adopted by |
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board rule. |
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(b) The board may waive the renewal fee for a clinic if no |
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complaints against the clinic exist in the board's records. |
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(c) The board may waive a license renewal inspection for a |
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clinic if no complaints against the clinic exist in the board's |
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records. |
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(d) If a license is not renewed before the expiration of the |
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grace period under Section 167.151, the clinic must reapply for an |
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original license to operate the clinic. |
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Sec. 167.153. RENEWAL FEE FOR LATE RENEWAL. A pain |
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management clinic with a license that has been expired for 90 days |
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or less may renew the license by paying to the board a fee that is |
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equal to 1-1/4 times the amount of the renewal fee for the license. |
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If a license has been expired for more than 90 days but less than 180 |
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days, the clinic may renew the license by paying to the board a fee |
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that is equal to 1-1/2 times the amount of the renewal fee for the |
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license. |
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[Sections 167.154-167.200 reserved for expansion] |
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SUBCHAPTER E. REGULATION OF CLINICS; ENFORCEMENT |
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Sec. 167.201. REGULATION OF PERSON AFFILIATED WITH CLINIC. |
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(a) The owner or operator of a pain management clinic, an employee |
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of the clinic, or a person with whom a clinic contracts for services |
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may not: |
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(1) have been denied, by any jurisdiction, a license |
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under which the person may prescribe, dispense, administer, supply, |
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or sell a controlled substance; |
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(2) have held a license issued by any jurisdiction, |
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under which the person may prescribe, dispense, administer, supply, |
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or sell a controlled substance, that has been restricted; or |
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(3) have been subject to disciplinary action by any |
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licensing entity for conduct that was a result of dependency on |
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drugs or alcohol. |
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(b) A clinic may not be owned wholly or partly by a person |
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who has been convicted of or pled nolo contendere to: |
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(1) an offense that constitutes a felony; or |
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(2) an offense that constitutes a misdemeanor, the |
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facts of which relate to the distribution of illegal prescription |
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drugs or a controlled substance as defined by Section 551.003(11). |
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(c) The owner or operator of a pain management clinic shall: |
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(1) be on-site at the clinic at least 33 percent of the |
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clinic's total number of operating hours; and |
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(2) review at least 33 percent of the total number of |
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patient files of the clinic, including the patient files of a clinic |
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employee or contractor to whom authority for patient care has been |
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delegated by the clinic. |
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Sec. 167.202. DISCIPLINARY ACTION. (a) A violation of this |
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chapter or a rule adopted under this chapter is grounds for |
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disciplinary action against a pain management clinic licensed under |
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this chapter or an owner or operator of a clinic licensed under this |
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chapter. |
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(b) A violation of this chapter may be enforced in the same |
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manner as any other violation of this subtitle. |
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SECTION 2. (a) Not later than March 1, 2010, the Texas |
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Medical Board shall adopt the rules required by Chapter 167, |
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Occupations Code, as added by this Act. |
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(b) Notwithstanding Section 167.101, Occupations Code, as |
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added by this Act, a pain management clinic must obtain a license |
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required by that section not later than September 1, 2010. |
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SECTION 3. (a) Except as provided by Subsection (b) of this |
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section, this Act takes effect September 1, 2009. |
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(b) Section 167.101, Occupations Code, as added by this Act, |
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takes effect September 1, 2010. |