Texas 2009 - 81st Regular

Texas House Bill HB4334 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R7037 SJM-D
2	2	By: Hamilton H.B. No. 4334
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the licensing and regulation of pain management
8	8	clinics.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle B, Title 3, Occupations Code, is
11	11	amended by adding Chapter 167 to read as follows:
12	12	CHAPTER 167. REGULATION OF PAIN MANAGEMENT CLINICS
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 167.001. DEFINITION. In this chapter, "pain
15	15	management clinic" means a publicly or privately owned facility for
16	16	which a majority of patients are issued a prescription for opioids,
17	17	benzodiazepines, or barbiturates, including carisoprodol.
18	18	Sec. 167.002. EXEMPTIONS. This chapter does not apply to:
19	19	(1) a medical or dental school or an outpatient clinic
20	20	associated with a medical or dental school;
21	21	(2) a hospital, including any outpatient facility or
22	22	clinic of a hospital;
23	23	(3) a hospice established under 40 T.A.C. Section
24	24	97.403 or defined by 42 C.F.R. Section 418.3;
25	25	(4) a facility maintained or operated by this state;
26	26	(5) a clinic maintained or operated by the United
27	27	States; or
28	28	(6) a medical facility otherwise licensed and
29	29	regulated by the board.
30	30	[Sections 167.003-167.050 reserved for expansion]
31	31	SUBCHAPTER B. POWERS AND DUTIES OF BOARD
32	32	Sec. 167.051. ADOPTION OF RULES. (a) The board shall adopt
33	33	rules necessary to implement this chapter, including rules to
34	34	address, for a pain management clinic:
35	35	(1) the operation of the clinic;
36	36	(2) personnel requirements for the clinic, including
37	37	requirements for a physician who practices at a clinic;
38	38	(3) standards to ensure quality of patient care;
39	39	(4) licensing application and renewal procedures and
40	40	requirements;
41	41	(5) inspections and complaint investigations; and
42	42	(6) patient billing procedures.
43	43	(b) The board by rule shall prescribe fees under this
44	44	chapter in amounts sufficient to administer the requirements of
45	45	this chapter.
46	46	Sec. 167.052. INSPECTIONS. The board may inspect a pain
47	47	management clinic, including the documents of a physician
48	48	practicing at the clinic, at reasonable times as necessary to
49	49	ensure compliance with this chapter.
50	50	Sec. 167.053. COMPLAINTS. The board shall investigate a
51	51	complaint alleging a violation of this chapter or a rule adopted
52	52	under this chapter by a pain management clinic licensed under this
53	53	chapter or a physician who owns or operates a clinic in the same
54	54	manner as other complaints under this subtitle.
55	55	[Sections 167.054-167.100 reserved for expansion]
56	56	SUBCHAPTER C. LICENSING OF CLINIC
57	57	Sec. 167.101. LICENSE REQUIRED. (a) A pain management
58	58	clinic may not operate in this state unless the clinic is licensed
59	59	under this chapter.
60	60	(b) A license issued under this chapter is not transferable
61	61	or assignable.
62	62	Sec. 167.102. LICENSE APPLICATION AND ISSUANCE. (a) A
63	63	physician who owns or operates a pain management clinic shall apply
64	64	for a license for the clinic under this chapter. A pain management
65	65	clinic must be owned and operated by a medical director who is a
66	66	physician who practices in this state under an unrestricted
67	67	license.
68	68	(b) An applicant for a license under this chapter must
69	69	submit an application to the board on a form prescribed by the
70	70	board.
71	71	(c) Each application must be accompanied by a nonrefundable
72	72	license fee, not to exceed $1,000, in an amount set by the board.
73	73	(d) The board shall issue a license if, after inspection and
74	74	investigation, it finds that the clinic meets the requirements of
75	75	this chapter and the standards adopted by the board under this
76	76	chapter.
77	77	[Sections 167.103-167.150 reserved for expansion]
78	78	SUBCHAPTER D. LICENSE RENEWAL
79	79	Sec. 167.151. EXPIRATION OF LICENSE. (a) A license issued
80	80	under this chapter expires on the second anniversary of the date it
81	81	is issued.
82	82	(b) The board shall grant a 180-day grace period from the
83	83	expiration date of a license to renew the license.
84	84	(c) The owner or operator of a pain management clinic for
85	85	which a license has expired may not continue to operate the clinic
86	86	until the clinic's license is renewed.
87	87	Sec. 167.152. REQUIREMENTS FOR RENEWAL. (a) The owner or
88	88	operator of a pain management clinic may apply to renew a license
89	89	issued to the clinic under this chapter by:
90	90	(1) submitting a renewal application to the board on
91	91	the form prescribed by the board before the expiration of the grace
92	92	period under Section 167.151;
93	93	(2) paying the renewal fee, not to exceed $1,000, set
94	94	by the board;
95	95	(3) passing an inspection of the pain management
96	96	clinic to ensure compliance with this chapter; and
97	97	(4) complying with any other requirements adopted by
98	98	board rule.
99	99	(b) The board may waive the renewal fee for a clinic if no
100	100	complaints against the clinic exist in the board's records.
101	101	(c) The board may waive a license renewal inspection for a
102	102	clinic if no complaints against the clinic exist in the board's
103	103	records.
104	104	(d) If a license is not renewed before the expiration of the
105	105	grace period under Section 167.151, the clinic must reapply for an
106	106	original license to operate the clinic.
107	107	Sec. 167.153. RENEWAL FEE FOR LATE RENEWAL. A pain
108	108	management clinic with a license that has been expired for 90 days
109	109	or less may renew the license by paying to the board a fee that is
110	110	equal to 1-1/4 times the amount of the renewal fee for the license.
111	111	If a license has been expired for more than 90 days but less than 180
112	112	days, the clinic may renew the license by paying to the board a fee
113	113	that is equal to 1-1/2 times the amount of the renewal fee for the
114	114	license.
115	115	[Sections 167.154-167.200 reserved for expansion]
116	116	SUBCHAPTER E. REGULATION OF CLINICS; ENFORCEMENT
117	117	Sec. 167.201. REGULATION OF PERSON AFFILIATED WITH CLINIC.
118	118	(a) The owner or operator of a pain management clinic, an employee
119	119	of the clinic, or a person with whom a clinic contracts for services
120	120	may not:
121	121	(1) have been denied, by any jurisdiction, a license
122	122	under which the person may prescribe, dispense, administer, supply,
123	123	or sell a controlled substance;
124	124	(2) have held a license issued by any jurisdiction,
125	125	under which the person may prescribe, dispense, administer, supply,
126	126	or sell a controlled substance, that has been restricted; or
127	127	(3) have been subject to disciplinary action by any
128	128	licensing entity for conduct that was a result of dependency on
129	129	drugs or alcohol.
130	130	(b) A clinic may not be owned wholly or partly by a person
131	131	who has been convicted of or pled nolo contendere to:
132	132	(1) an offense that constitutes a felony; or
133	133	(2) an offense that constitutes a misdemeanor, the
134	134	facts of which relate to the distribution of illegal prescription
135	135	drugs or a controlled substance as defined by Section 551.003(11).
136	136	(c) The owner or operator of a pain management clinic shall:
137	137	(1) be on-site at the clinic at least 33 percent of the
138	138	clinic's total number of operating hours; and
139	139	(2) review at least 33 percent of the total number of
140	140	patient files of the clinic, including the patient files of a clinic
141	141	employee or contractor to whom authority for patient care has been
142	142	delegated by the clinic.
143	143	Sec. 167.202. DISCIPLINARY ACTION. (a) A violation of this
144	144	chapter or a rule adopted under this chapter is grounds for
145	145	disciplinary action against a pain management clinic licensed under
146	146	this chapter or an owner or operator of a clinic licensed under this
147	147	chapter.
148	148	(b) A violation of this chapter may be enforced in the same
149	149	manner as any other violation of this subtitle.
150	150	SECTION 2. (a) Not later than March 1, 2010, the Texas
151	151	Medical Board shall adopt the rules required by Chapter 167,
152	152	Occupations Code, as added by this Act.
153	153	(b) Notwithstanding Section 167.101, Occupations Code, as
154	154	added by this Act, a pain management clinic must obtain a license
155	155	required by that section not later than September 1, 2010.
156	156	SECTION 3. (a) Except as provided by Subsection (b) of this
157	157	section, this Act takes effect September 1, 2009.
158	158	(b) Section 167.101, Occupations Code, as added by this Act,
159	159	takes effect September 1, 2010.