Texas 2009 - 81st Regular

Texas Senate Bill SB911 Compare Versions

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1	1	S.B. No. 911
2	2
3	3
4	4	AN ACT
5	5	relating to the certification and regulation of pain management
6	6	clinics.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Subtitle B, Title 3, Occupations Code, is
9	9	amended by adding Chapter 167 to read as follows:
10	10	CHAPTER 167. REGULATION OF PAIN MANAGEMENT CLINICS
11	11	SUBCHAPTER A. GENERAL PROVISIONS
12	12	Sec. 167.001. DEFINITION. In this chapter, "pain
13	13	management clinic" means a publicly or privately owned facility for
14	14	which a majority of patients are issued on a monthly basis a
15	15	prescription for opioids, benzodiazepines, barbiturates, or
16	16	carisoprodol, but not including suboxone.
17	17	Sec. 167.002. EXEMPTIONS. This chapter does not apply to:
18	18	(1) a medical or dental school or an outpatient clinic
19	19	associated with a medical or dental school;
20	20	(2) a hospital, including any outpatient facility or
21	21	clinic of a hospital;
22	22	(3) a hospice established under 40 T.A.C. Section
23	23	97.403 or defined by 42 C.F.R. Section 418.3;
24	24	(4) a facility maintained or operated by this state;
25	25	(5) a clinic maintained or operated by the United
26	26	States;
27	27	(6) a health organization certified by the board under
28	28	Section 162.001;
29	29	(7) a clinic owned or operated by a physician who
30	30	treats patients within the physician's area of specialty and who
31	31	uses other forms of treatment, including surgery, with the issuance
32	32	of a prescription for a majority of the patients; or
33	33	(8) a clinic owned or operated by an advanced practice
34	34	nurse licensed in this state who treats patients in the nurse's area
35	35	of specialty and uses other forms of treatment with the issuance of
36	36	a prescription for a majority of the patients.
37	37	[Sections 167.003-167.050 reserved for expansion]
38	38	SUBCHAPTER B. POWERS AND DUTIES OF BOARD
39	39	Sec. 167.051. ADOPTION OF RULES. The board shall adopt
40	40	rules necessary to implement this chapter, including rules to
41	41	address, for a pain management clinic:
42	42	(1) the operation of the clinic;
43	43	(2) personnel requirements for the clinic, including
44	44	requirements for a physician who practices at a clinic;
45	45	(3) standards to ensure quality of patient care;
46	46	(4) certificate application and renewal procedures
47	47	and requirements;
48	48	(5) inspections and complaint investigations; and
49	49	(6) patient billing procedures.
50	50	Sec. 167.052. INSPECTIONS. The board may inspect a pain
51	51	management clinic, including the documents of a physician
52	52	practicing at the clinic, as necessary to ensure compliance with
53	53	this chapter.
54	54	Sec. 167.053. COMPLAINTS. The board shall investigate a
55	55	complaint alleging a violation of this chapter or a rule adopted
56	56	under this chapter by a pain management clinic certified under this
57	57	chapter or a physician who owns or operates a clinic in the same
58	58	manner as other complaints under this subtitle.
59	59	[Sections 167.054-167.100 reserved for expansion]
60	60	SUBCHAPTER C. CERTIFICATION OF CLINIC
61	61	Sec. 167.101. CERTIFICATE REQUIRED. (a) A pain management
62	62	clinic may not operate in this state unless the clinic is certified
63	63	under this chapter.
64	64	(b) A certificate issued under this chapter is not
65	65	transferable or assignable.
66	66	Sec. 167.102. CERTIFICATE APPLICATION AND ISSUANCE. (a) A
67	67	physician who owns or operates a pain management clinic shall apply
68	68	for a certificate for the clinic under this chapter. A pain
69	69	management clinic must be owned and operated by a medical director
70	70	who is a physician who practices in this state under an unrestricted
71	71	license.
72	72	(b) An applicant for a certificate under this chapter must
73	73	submit an application to the board on a form prescribed by the
74	74	board.
75	75	(c) The board shall issue a certificate if the board finds
76	76	that the pain management clinic meets the requirements of this
77	77	chapter and the standards adopted by the board under this chapter.
78	78	[Sections 167.103-167.150 reserved for expansion]
79	79	SUBCHAPTER D. CERTIFICATE RENEWAL
80	80	Sec. 167.151. EXPIRATION OF CERTIFICATE. (a) A
81	81	certificate issued under this chapter expires on the second
82	82	anniversary of the date it is issued.
83	83	(b) The board shall grant a 180-day grace period from the
84	84	expiration date of a certificate to renew the certificate.
85	85	(c) The owner or operator of a pain management clinic for
86	86	which a certificate has expired may not continue to operate the
87	87	clinic until the clinic's certificate is renewed.
88	88	Sec. 167.152. REQUIREMENTS FOR RENEWAL. (a) The owner or
89	89	operator of a pain management clinic may apply to renew a
90	90	certificate issued to the clinic under this chapter by:
91	91	(1) submitting a renewal application to the board on
92	92	the form prescribed by the board before the expiration of the grace
93	93	period under Section 167.151; and
94	94	(2) complying with any other requirements adopted by
95	95	board rule.
96	96	(b) If a certificate is not renewed before the expiration of
97	97	the grace period under Section 167.151, the pain management clinic
98	98	must reapply for an original certificate to operate the clinic.
99	99	[Sections 167.153-167.200 reserved for expansion]
100	100	SUBCHAPTER E. REGULATION OF CLINICS; ENFORCEMENT
101	101	Sec. 167.201. REGULATION OF PERSON AFFILIATED WITH CLINIC.
102	102	(a) The owner or operator of a pain management clinic, an employee
103	103	of the clinic, or a person with whom a clinic contracts for services
104	104	may not:
105	105	(1) have been denied, by any jurisdiction, a license
106	106	under which the person may prescribe, dispense, administer, supply,
107	107	or sell a controlled substance;
108	108	(2) have held a license issued by any jurisdiction,
109	109	under which the person may prescribe, dispense, administer, supply,
110	110	or sell a controlled substance, that has been restricted; or
111	111	(3) have been subject to disciplinary action by any
112	112	licensing entity for conduct that was a result of inappropriately
113	113	prescribing, dispensing, administering, supplying, or selling a
114	114	controlled substance.
115	115	(b) A pain management clinic may not be owned wholly or
116	116	partly by a person who has been convicted of, pled nolo contendere
117	117	to, or received deferred adjudication for:
118	118	(1) an offense that constitutes a felony; or
119	119	(2) an offense that constitutes a misdemeanor, the
120	120	facts of which relate to the distribution of illegal prescription
121	121	drugs or a controlled substance as defined by Section 551.003(11).
122	122	(c) The owner or operator of a pain management clinic shall:
123	123	(1) be on-site at the clinic at least 33 percent of the
124	124	clinic's total number of operating hours; and
125	125	(2) review at least 33 percent of the total number of
126	126	patient files of the clinic, including the patient files of a clinic
127	127	employee or contractor to whom authority for patient care has been
128	128	delegated by the clinic.
129	129	Sec. 167.202. DISCIPLINARY ACTION. (a) A violation of
130	130	this chapter or a rule adopted under this chapter is grounds for
131	131	disciplinary action against a pain management clinic certified
132	132	under this chapter or an owner or operator of a clinic certified
133	133	under this chapter.
134	134	(b) A violation of this chapter may be enforced in the same
135	135	manner as any other violation of this subtitle.
136	136	SECTION 2. (a) Not later than March 1, 2010, the Texas
137	137	Medical Board shall adopt the rules required by Chapter 167,
138	138	Occupations Code, as added by this Act.
139	139	(b) Notwithstanding Section 167.101, Occupations Code, as
140	140	added by this Act, a pain management clinic must obtain a
141	141	certificate required by that section not later than September 1,
142	142	2010.
143	143	SECTION 3. (a) Except as provided by Subsection (b) of
144	144	this section, this Act takes effect September 1, 2009.
145	145	(b) Section 167.101, Occupations Code, as added by this Act,
146	146	takes effect September 1, 2010.
147	147	______________________________ ______________________________
148	148	President of the Senate Speaker of the House
149	149	I hereby certify that S.B. No. 911 passed the Senate on
150	150	April 16, 2009, by the following vote: Yeas 31, Nays 0; and that
151	151	the Senate concurred in House amendment on May 29, 2009, by the
152	152	following vote: Yeas 31, Nays 0.
153	153	______________________________
154	154	Secretary of the Senate
155	155	I hereby certify that S.B. No. 911 passed the House, with
156	156	amendment, on May 26, 2009, by the following vote: Yeas 142,
157	157	Nays 0, two present not voting.
158	158	______________________________
159	159	Chief Clerk of the House
160	160	Approved:
161	161	______________________________
162	162	Date
163	163	______________________________
164	164	Governor