| |
|
|
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 |
|
|
personally 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 who personally 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. Subsection (a), Section 168.202, Occupations |
|
|
Code, is amended to read as follows: |
|
|
(a) A violation of this chapter or a rule adopted under this |
|
|
chapter is grounds for disciplinary action, including a temporary |
|
|
suspension or restriction under Section 164.059, against a pain |
|
|
management clinic certified under this chapter or an owner or |
|
|
operator of a clinic certified under this chapter. |
|
|
SECTION 5. 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 |
|
|
shall adopt rules regarding the provision of pain management |
|
|
services by advanced practice nurses. |
|
|
SECTION 6. The changes in law made by this Act to Section |
|
|
168.002, Occupations Code, apply only to services provided by a |
|
|
physician or advanced practice nurse on or after the effective date |
|
|
of this Act. Services provided before the effective date of this |
|
|
Act are governed by the law in effect when the services were |
|
|
provided, and the former law is continued in effect for that |
|
|
purpose. |
|
|
SECTION 7. Subsection (d), Section 168.102, 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 8. This Act takes effect September 1, 2013. |
|
|
|
|
|
* * * * * |