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AN ACT
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relating to the certification 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 on a monthly basis a |
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prescription for opioids, benzodiazepines, barbiturates, or |
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carisoprodol, but not including suboxone. |
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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; |
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(6) a health organization certified by the board under |
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Section 162.001; |
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(7) a clinic owned or operated by a physician who |
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treats patients within the physician's area of specialty and who |
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uses other forms of treatment, including surgery, with the issuance |
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of a prescription for a majority of the patients; or |
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(8) a clinic owned or operated by an advanced practice |
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nurse licensed in this state who treats patients in the nurse's area |
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of specialty and uses other forms of treatment with the issuance of |
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a prescription for a majority of the patients. |
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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. 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) certificate application and renewal procedures |
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and requirements; |
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(5) inspections and complaint investigations; and |
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(6) patient billing procedures. |
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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, as necessary to ensure compliance with |
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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 certified 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. CERTIFICATION OF CLINIC |
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Sec. 167.101. CERTIFICATE REQUIRED. (a) A pain management |
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clinic may not operate in this state unless the clinic is certified |
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under this chapter. |
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(b) A certificate issued under this chapter is not |
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transferable or assignable. |
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Sec. 167.102. CERTIFICATE 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 certificate for the clinic under this chapter. A pain |
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management clinic must be owned and operated by a medical director |
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who is a physician who practices in this state under an unrestricted |
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license. |
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(b) An applicant for a certificate 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) The board shall issue a certificate if the board finds |
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that the pain management clinic meets the requirements of this |
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chapter and the standards adopted by the board under this chapter. |
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[Sections 167.103-167.150 reserved for expansion] |
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SUBCHAPTER D. CERTIFICATE RENEWAL |
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Sec. 167.151. EXPIRATION OF CERTIFICATE. (a) A |
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certificate issued under this chapter expires on the second |
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anniversary of the date it 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 certificate to renew the certificate. |
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(c) The owner or operator of a pain management clinic for |
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which a certificate has expired may not continue to operate the |
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clinic until the clinic's certificate 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 |
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certificate 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; and |
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(2) complying with any other requirements adopted by |
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board rule. |
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(b) If a certificate is not renewed before the expiration of |
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the grace period under Section 167.151, the pain management clinic |
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must reapply for an original certificate to operate the clinic. |
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[Sections 167.153-167.200 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 inappropriately |
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prescribing, dispensing, administering, supplying, or selling a |
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controlled substance. |
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(b) A pain management clinic may not be owned wholly or |
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partly by a person who has been convicted of, pled nolo contendere |
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to, or received deferred adjudication for: |
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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 |
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this chapter or a rule adopted under this chapter is grounds for |
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disciplinary action against a pain management clinic certified |
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under this chapter or an owner or operator of a clinic certified |
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under this 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 |
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certificate required by that section not later than September 1, |
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2010. |
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SECTION 3. (a) Except as provided by Subsection (b) of |
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this 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. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 911 passed the Senate on |
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April 16, 2009, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 29, 2009, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 911 passed the House, with |
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amendment, on May 26, 2009, by the following vote: Yeas 142, |
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Nays 0, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |