CHAPTER 167. REGULATION OF PAIN MANAGEMENT CLINICS

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OCCUPATIONS CODE

TITLE 3. HEALTH PROFESSIONS

SUBTITLE B. PHYSICIANS

CHAPTER 167. REGULATION OF PAIN MANAGEMENT CLINICS

Chapter 167, consisting of Secs. 167.001 to 167.202, was added by

Acts 2009, 81st Leg., R.S., Ch.

775, Sec. 1.

For another Chapter 167, consisting of Secs. 167.001 to 167.011,

added by Acts 2009, 81st Leg., R.S., Ch.

1345, Sec. 2(a), see Sec. 167.001 et seq., post.

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 167.001. DEFINITION. In this chapter, "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.

Added by Acts 2009, 81st Leg., R.S., Ch.

775, Sec. 1, eff. September 1, 2009.

Sec. 167.002. 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.

Added by Acts 2009, 81st Leg., R.S., Ch.

775, Sec. 1, eff. September 1, 2009.

SUBCHAPTER B. POWERS AND DUTIES OF BOARD

Sec. 167.051. ADOPTION OF RULES. The board shall adopt rules

necessary to implement this chapter, including rules to address,

for a pain management clinic:

(1) the operation of the clinic;

(2) personnel requirements for the clinic, including

requirements for a physician who practices at a clinic;

(3) standards to ensure quality of patient care;

(4) certificate application and renewal procedures and

requirements;

(5) inspections and complaint investigations; and

(6) patient billing procedures.

Added by Acts 2009, 81st Leg., R.S., Ch.

775, Sec. 1, eff. September 1, 2009.

Sec. 167.052. INSPECTIONS. The board may inspect a pain

management clinic, including the documents of a physician

practicing at the clinic, as necessary to ensure compliance with

this chapter.

Added by Acts 2009, 81st Leg., R.S., Ch.

775, Sec. 1, eff. September 1, 2009.

Sec. 167.053. COMPLAINTS. The board shall investigate a

complaint alleging a violation of this chapter or a rule adopted

under this chapter by a pain management clinic certified under

this chapter or a physician who owns or operates a clinic in the

same manner as other complaints under this subtitle.

Added by Acts 2009, 81st Leg., R.S., Ch.

775, Sec. 1, eff. September 1, 2009.

SUBCHAPTER C. CERTIFICATION OF CLINIC

Section 167.101 takes effect September 1, 2010.

Sec. 167.101. CERTIFICATE REQUIRED. (a) A pain management

clinic may not operate in this state unless the clinic is

certified under this chapter.

(b) A certificate issued under this chapter is not transferable

or assignable.

Added by Acts 2009, 81st Leg., R.S., Ch.

775, Sec. 1, eff. September 1, 2009.

Sec. 167.102. CERTIFICATE APPLICATION AND ISSUANCE. (a) A

physician who owns or operates a pain management clinic shall

apply for a certificate for the clinic under this chapter. A

pain management clinic must be owned and operated by a medical

director who is a physician who practices in this state under an

unrestricted license.

(b) An applicant for a certificate under this chapter must

submit an application to the board on a form prescribed by the

board.

the pain management clinic meets the requirements of this chapter

and the standards adopted by the board under this chapter.

Added by Acts 2009, 81st Leg., R.S., Ch.

775, Sec. 1, eff. September 1, 2009.

SUBCHAPTER D. CERTIFICATE RENEWAL

Sec. 167.151. EXPIRATION OF CERTIFICATE. (a) A certificate

issued under this chapter expires on the second anniversary of

the date it is issued.

(b) The board shall grant a 180-day grace period from the

expiration date of a certificate to renew the certificate.

a certificate has expired may not continue to operate the clinic

until the clinic's certificate is renewed.

Added by Acts 2009, 81st Leg., R.S., Ch.

775, Sec. 1, eff. September 1, 2009.

Sec. 167.152. REQUIREMENTS FOR RENEWAL. (a) The owner or

operator of a pain management clinic may apply to renew a

certificate issued to the clinic under this chapter by:

(1) submitting a renewal application to the board on the form

prescribed by the board before the expiration of the grace period

under Section 167.151; and

(2) complying with any other requirements adopted by board rule.

(b) If a certificate is not renewed before the expiration of the

grace period under Section 167.151, the pain management clinic

must reapply for an original certificate to operate the clinic.

Added by Acts 2009, 81st Leg., R.S., Ch.

775, Sec. 1, eff. September 1, 2009.

SUBCHAPTER E. REGULATION OF CLINICS; ENFORCEMENT

Sec. 167.201. REGULATION OF PERSON AFFILIATED WITH CLINIC. (a)

The owner or operator of a pain management clinic, an employee of

the clinic, or a person with whom a clinic contracts for services

may not:

(1) have been denied, by any jurisdiction, a license under which

the person may prescribe, dispense, administer, supply, or sell a

controlled substance;

(2) have held a license issued by any jurisdiction, under which

the person may prescribe, dispense, administer, supply, or sell a

controlled substance, that has been restricted; or

(3) have been subject to disciplinary action by any licensing

entity for conduct that was a result of inappropriately

prescribing, dispensing, administering, supplying, or selling a

controlled substance.

(b) A pain management clinic may not be owned wholly or partly

by a person who has been convicted of, pled nolo contendere to,

or received deferred adjudication for:

(1) an offense that constitutes a felony; or

(2) an offense that constitutes a misdemeanor, the facts of

which relate to the distribution of illegal prescription drugs or

a controlled substance as defined by Section 551.003(11).

(1) be on-site at the clinic at least 33 percent of the clinic's

total number of operating hours; and

(2) review at least 33 percent of the total number of patient

files of the clinic, including the patient files of a clinic

employee or contractor to whom authority for patient care has

been delegated by the clinic.

Added by Acts 2009, 81st Leg., R.S., Ch.

775, Sec. 1, eff. September 1, 2009.

Sec. 167.202. DISCIPLINARY ACTION. (a) A violation of this

chapter or a rule adopted under this chapter is grounds for

disciplinary action against a pain management clinic certified

under this chapter or an owner or operator of a clinic certified

under this chapter.

(b) A violation of this chapter may be enforced in the same

manner as any other violation of this subtitle.

Added by Acts 2009, 81st Leg., R.S., Ch.

775, Sec. 1, eff. September 1, 2009.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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