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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of pain management services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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 in |
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compliance with rules adopted by the Texas Board of Nursing. |
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SECTION 2. Section 168.102, Occupations Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) If an applicant for a certificate under this chapter is |
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under investigation by the board for a violation of this subtitle, |
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board rules, or other law relating to the prescription, |
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dispensation, administration, supply, or sale of a controlled |
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substance, the board may not make a decision on the application |
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until the board has reached a final decision on the matter under |
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investigation. |
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SECTION 3. 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 4. Subsection (a), Section 168.202, Occupations |
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Code, is amended to read as follows: |
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(a) A violation of this chapter or a rule adopted under this |
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chapter is grounds for disciplinary action, including a temporary |
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suspension or restriction under Section 164.059, against a pain |
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management clinic certified under this chapter or an owner or |
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operator of a clinic certified under this chapter. |
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SECTION 5. Subchapter D, Chapter 301, Occupations Code, is |
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amended by adding Section 301.1546 to read as follows: |
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Sec. 301.1546. RULES REGARDING PAIN MANAGEMENT. The board |
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shall adopt rules regarding the provision of pain management |
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services by advanced practice nurses. |
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SECTION 6. The changes in law made by this Act to Section |
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168.002, Occupations Code, apply only to services provided by a |
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physician or advanced practice nurse on or after the effective date |
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of this Act. Services provided before the effective date of this |
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Act are governed by the law in effect when the services were |
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provided, and the former law is continued in effect for that |
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purpose. |
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SECTION 7. Subsection (d), Section 168.102, Occupations |
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Code, as added by this Act, applies only to an application for a |
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certificate for a pain management clinic filed with the Texas |
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Medical Board on or after the effective date of this Act. An |
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application for a certificate for a pain management clinic filed |
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before that date is governed by the law in effect on the date the |
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application was filed, and that law is continued in effect for that |
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purpose. |
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SECTION 8. This Act takes effect September 1, 2013. |