| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the regulation of pain management services. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 168.002, Occupations Code, is amended to |
|
|
read as follows: |
|
|
Sec. 168.002. EXEMPTIONS. This chapter does not apply to: |
|
|
(1) a medical or dental school or an outpatient clinic |
|
|
associated with a medical or dental school; |
|
|
(2) a hospital, including any outpatient facility or |
|
|
clinic of a hospital; |
|
|
(3) a hospice established under 40 T.A.C. Section |
|
|
97.403 or defined by 42 C.F.R. Section 418.3; |
|
|
(4) a facility maintained or operated by this state; |
|
|
(5) a clinic maintained or operated by the United |
|
|
States; |
|
|
(6) a health organization certified by the board under |
|
|
Section 162.001; |
|
|
(7) a clinic owned or operated by a physician who |
|
|
treats patients within the physician's area of specialty and who |
|
|
uses other forms of treatment, including surgery, with the issuance |
|
|
of a prescription for a majority of the patients; or |
|
|
(8) a clinic owned or operated by an advanced practice |
|
|
nurse licensed in this state who treats patients in the nurse's area |
|
|
of specialty and uses other forms of treatment with the issuance of |
|
|
a prescription for a majority of the patients in compliance with |
|
|
rules adopted by the Texas Board of Nursing. |
|
|
SECTION 2. Section 168.102, Occupations Code, is amended by |
|
|
adding Subsection (d) to read as follows: |
|
|
(d) If an applicant for a certificate under this chapter is |
|
|
under investigation by the board for a violation of this subtitle, |
|
|
board rules, or other law relating to the prescription, |
|
|
dispensation, administration, supply, or sale of a controlled |
|
|
substance, the board may not make a decision on the application |
|
|
until the board has reached a final decision on the matter under |
|
|
investigation. |
|
|
SECTION 3. Section 168.201, Occupations Code, is amended by |
|
|
adding Subsection (d) to read as follows: |
|
|
(d) A person who owns or operates a pain management clinic |
|
|
is engaged in the practice of medicine. |
|
|
SECTION 4. Subchapter D, Chapter 301, Occupations Code, is |
|
|
amended by adding Section 301.1546 to read as follows: |
|
|
Sec. 301.1546. RULES REGARDING PAIN MANAGEMENT. The board |
|
|
may adopt rules regarding the provision of pain management services |
|
|
by advanced practice nurses. |
|
|
SECTION 5. Section 168.102(d), Occupations Code, as added |
|
|
by this Act, applies only to an application for a certificate for a |
|
|
pain management clinic filed with the Texas Medical Board on or |
|
|
after the effective date of this Act. An application for a |
|
|
certificate for a pain management clinic filed before that date is |
|
|
governed by the law in effect on the date the application was filed, |
|
|
and that law is continued in effect for that purpose. |
|
|
SECTION 6. This Act takes effect September 1, 2013. |