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AN ACT
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relating to controlled substance registration by physicians and the |
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regulation of persons engaged in pain management; changing the |
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payment schedule for a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 481.061(c), Health and Safety Code, is |
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amended to read as follows: |
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(c) A separate registration is required at each principal |
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place of business or professional practice where the applicant |
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manufactures, distributes, analyzes, dispenses, or possesses a |
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controlled substance[. However], except that the director may not |
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require separate registration for: |
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(1) a physician licensed under Subtitle B, Title 3, |
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Occupations Code; or |
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(2) a practitioner engaged in research with a |
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nonnarcotic controlled substance listed in Schedules II through V |
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if the registrant is already registered under this subchapter in |
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another capacity. |
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SECTION 2. Section 481.063(g), Health and Safety Code, is |
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amended to read as follows: |
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(g) Except as otherwise provided by Section 481.0645 for a |
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physician licensed under Subtitle B, Title 3, Occupations Code, |
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a [A] registration is valid until the first anniversary of the date |
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of issuance and may be renewed annually under rules adopted by the |
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director, unless a rule provides for a longer period of validity or |
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renewal. |
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SECTION 3. Section 481.064, Health and Safety Code, is |
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amended by amending Subsection (a) and adding Subsection (a-1) to |
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read as follows: |
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(a) Except as otherwise provided by Section 481.0645 for a |
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physician licensed under Subtitle B, Title 3, Occupations Code, the |
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[The] director may charge a nonrefundable fee of not more than $25 |
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before processing an application for annual registration and may |
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charge a late fee of not more than $50 for each application for |
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renewal the department receives after the date the registration |
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expires. The director by rule shall set the amounts of the fees at |
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the amounts that are necessary to cover the cost of administering |
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and enforcing this subchapter. Except as provided by Subsection |
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(b) or Section 156.004, Occupations Code, registrants shall pay the |
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fees to the director. Not later than 60 days before the date the |
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registration expires, the director shall send a renewal notice to |
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the registrant at the last known address of the registrant |
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according to department records, unless the registrant is a |
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physician to whom notice of expiration is provided under Section |
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156.004, Occupations Code. |
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(a-1) Notwithstanding Subsection (a), the director shall |
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continue to send renewal notices to registrants who are physicians. |
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This subsection expires January 1, 2016. |
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SECTION 4. Subchapter C, Chapter 481, Health and Safety |
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Code, is amended by adding Section 481.0645 to read as follows: |
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Sec. 481.0645. REGISTRATION, RENEWAL, AND FEES FOR |
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PHYSICIANS. (a) The registration under this chapter of a physician |
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licensed under Subtitle B, Title 3, Occupations Code, is valid for a |
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period of not less than two years and expires on the same date the |
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physician's registration permit issued by the Texas Medical Board |
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under Chapter 156, Occupations Code, expires. |
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(a-1) Notwithstanding Subsection (a), a registration of a |
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physician licensed under Subtitle B, Title 3, Occupations Code, |
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that is in effect on January 1, 2014, expires on the date on which |
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the physician's registration permit issued by the Texas Medical |
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Board under Chapter 156, Occupations Code, expires. This |
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subsection expires January 1, 2017. |
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(b) The director may charge a physician registered under |
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this section a nonrefundable registration fee of not more than $50 |
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and a late fee for each application submitted after the expiration |
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of the grace period described by Section 156.004(b), Occupations |
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Code. |
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(c) A physician may request the renewal of the physician's |
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registration under this chapter by remitting the information |
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required under Section 481.063 and the fee required under |
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Subsection (b) to the Texas Medical Board. The Texas Medical Board |
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must allow a physician to submit the information and pay the fee |
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electronically. |
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(d) A physician requesting renewal under this section must |
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meet all eligibility requirements under Section 481.063(e). |
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(e) The director shall adopt any rules necessary to |
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administer this section. The director shall coordinate with the |
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Texas Medical Board in the adoption of rules necessary under this |
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section to prevent any conflicts between rules adopted by the |
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agencies and to ensure that administrative burden to physicians is |
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minimized. |
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SECTION 5. Subchapter A, Chapter 156, Occupations Code, is |
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amended by adding Section 156.0035 to read as follows: |
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Sec. 156.0035. RENEWAL OF CONTROLLED SUBSTANCE |
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REGISTRATION. (a) The board shall accept the renewal application |
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and fee submitted by a physician under Section 481.0645, Health and |
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Safety Code, for a registration under Subchapter C, Chapter 481, |
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Health and Safety Code. |
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(b) The board by rule shall adopt a procedure for submitting |
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a registration renewal application and remitting the registration |
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fee to the Department of Public Safety. |
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(c) The board shall coordinate a physician's controlled |
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substance registration renewal with the registration required |
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under this chapter so that the times of registration, payment, and |
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notice are the same and provide a minimum of administrative burden |
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to the board and to physicians. |
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SECTION 6. Section 156.004, Occupations Code, is amended to |
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read as follows: |
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Sec. 156.004. NOTICE OF EXPIRATION. (a) At least 60 days |
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before the date on which a physician's registration permit expires, |
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the [The] board shall send [a registration permit renewal
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application notice] to each physician at the physician's last known |
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address according to the board's records: |
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(1) a [at least 30 days before the expiration date of
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the] registration permit renewal application notice; and |
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(2) a renewal notice for the physician's registration |
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with the Department of Public Safety under Subchapter C, Chapter |
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481, Health and Safety Code. |
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(b) The board shall provide for a 30-day grace period for |
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renewing the registration permit from the date of the expiration of |
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the permit. |
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SECTION 7. Section 168.002, Occupations Code, is amended to |
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read as follows: |
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Sec. 168.002. 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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personally uses other forms of treatment, including surgery, with |
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the issuance 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 who personally uses other forms of treatment with |
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the issuance of a prescription for a majority of the patients. |
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SECTION 8. Section 168.201, Occupations Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) A person who owns or operates a pain management clinic |
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is engaged in the practice of medicine. |
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SECTION 9. (a) The changes in law made to Subchapter C, |
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Chapter 481, Health and Safety Code, by this Act apply only to a |
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registration under that subchapter that expires on or after the |
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effective date of this Act. |
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(b) The changes in law made to Chapter 156, Occupations |
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Code, by this Act apply only to a registration permit under that |
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chapter that expires on or after the effective date of this Act. |
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(c) An unexpired registration under Subchapter C, Chapter |
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481, Health and Safety Code, held by a physician on the effective |
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date of this Act expires on the date on which the registration |
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permit issued to the physician under Chapter 156, Occupations Code, |
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expires. |
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SECTION 10. This Act takes effect January 1, 2014. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1803 was passed by the House on May 2, |
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2013, by the following vote: Yeas 145, Nays 0, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1803 on May 24, 2013, by the following vote: Yeas 144, Nays 0, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1803 was passed by the Senate, with |
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amendments, on May 22, 2013, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |