By: Whitmire S.B. No. 1235
 
  (Fletcher)
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to defining the duties and to the penalties concerning
  pain management clinics.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 168.001, Occupations Code, is amended to
  read as follows:
         Sec. 168.001.  DEFINITIONS [DEFINITION].  In this chapter:
               (1)  [In this chapter,] "Pain [pain] management clinic" 
  means a publicly or privately owned facility for which a majority of
  patients are issued on a monthly basis a prescription for opioids,
  benzodiazepines, barbiturates, or carisoprodol, but not including
  suboxone.
               (2)  "Operator" means an owner, medical director, or
  physician affiliated or associated with the pain management clinic
  in any capacity.  Each of these individuals is considered to be
  operating at the pain management clinic.
         SECTION 2.  Section 168.201(d), Occupations Code, is amended
  to read as follows:
         (d)  A person who owns or operates a pain management clinic
  is engaged in the practice of medicine.  This shall include, but is
  not limited to, all supervision and delegation activities related
  to the pain management clinic.
         SECTION 3.  Section 168.202(c), Occupations Code, is amended
  by adding Subsection (c) to read as follows:
         (c)  A violation of this chapter is subject to criminal
  prosecution under Section 165.152.
         SECTION 4.  This Act takes effect September 1, 2015.