H.B. No. 1803
AN ACT
relating to controlled substance registration by physicians and the
regulation of persons engaged in pain management; changing the
payment schedule for a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 481.061(c), Health and Safety Code, is
amended to read as follows:
(c) A separate registration is required at each principal
place of business or professional practice where the applicant
manufactures, distributes, analyzes, dispenses, or possesses a
controlled substance[. However], except that the director may not
require separate registration for:
(1) a physician licensed under Subtitle B, Title 3,
Occupations Code; or
(2) a practitioner engaged in research with a
nonnarcotic controlled substance listed in Schedules II through V
if the registrant is already registered under this subchapter in
another capacity.
SECTION 2. Section 481.063(g), Health and Safety Code, is
amended to read as follows:
(g) Except as otherwise provided by Section 481.0645 for a
physician licensed under Subtitle B, Title 3, Occupations Code,
a [A] registration is valid until the first anniversary of the date
of issuance and may be renewed annually under rules adopted by the
director, unless a rule provides for a longer period of validity or
renewal.
SECTION 3. Section 481.064, Health and Safety Code, is
amended by amending Subsection (a) and adding Subsection (a-1) to
read as follows:
(a) Except as otherwise provided by Section 481.0645 for a
physician licensed under Subtitle B, Title 3, Occupations Code, the
[The] director may charge a nonrefundable fee of not more than $25
before processing an application for annual registration and may
charge a late fee of not more than $50 for each application for
renewal the department receives after the date the registration
expires. The director by rule shall set the amounts of the fees at
the amounts that are necessary to cover the cost of administering
and enforcing this subchapter. Except as provided by Subsection
(b) or Section 156.004, Occupations Code, registrants shall pay the
fees to the director. Not later than 60 days before the date the
registration expires, the director shall send a renewal notice to
the registrant at the last known address of the registrant
according to department records, unless the registrant is a
physician to whom notice of expiration is provided under Section
156.004, Occupations Code.
(a-1) Notwithstanding Subsection (a), the director shall
continue to send renewal notices to registrants who are physicians.
This subsection expires January 1, 2016.
SECTION 4. Subchapter C, Chapter 481, Health and Safety
Code, is amended by adding Section 481.0645 to read as follows:
Sec. 481.0645. REGISTRATION, RENEWAL, AND FEES FOR
PHYSICIANS. (a) The registration under this chapter of a physician
licensed under Subtitle B, Title 3, Occupations Code, is valid for a
period of not less than two years and expires on the same date the
physician's registration permit issued by the Texas Medical Board
under Chapter 156, Occupations Code, expires.
(a-1) Notwithstanding Subsection (a), a registration of a
physician licensed under Subtitle B, Title 3, Occupations Code,
that is in effect on January 1, 2014, expires on the date on which
the physician's registration permit issued by the Texas Medical
Board under Chapter 156, Occupations Code, expires. This
subsection expires January 1, 2017.
(b) The director may charge a physician registered under
this section a nonrefundable registration fee of not more than $50
and a late fee for each application submitted after the expiration
of the grace period described by Section 156.004(b), Occupations
Code.
(c) A physician may request the renewal of the physician's
registration under this chapter by remitting the information
required under Section 481.063 and the fee required under
Subsection (b) to the Texas Medical Board. The Texas Medical Board
must allow a physician to submit the information and pay the fee
electronically.
(d) A physician requesting renewal under this section must
meet all eligibility requirements under Section 481.063(e).
(e) The director shall adopt any rules necessary to
administer this section. The director shall coordinate with the
Texas Medical Board in the adoption of rules necessary under this
section to prevent any conflicts between rules adopted by the
agencies and to ensure that administrative burden to physicians is
minimized.
SECTION 5. Subchapter A, Chapter 156, Occupations Code, is
amended by adding Section 156.0035 to read as follows:
Sec. 156.0035. RENEWAL OF CONTROLLED SUBSTANCE
REGISTRATION. (a) The board shall accept the renewal application
and fee submitted by a physician under Section 481.0645, Health and
Safety Code, for a registration under Subchapter C, Chapter 481,
Health and Safety Code.
(b) The board by rule shall adopt a procedure for submitting
a registration renewal application and remitting the registration
fee to the Department of Public Safety.
(c) The board shall coordinate a physician's controlled
substance registration renewal with the registration required
under this chapter so that the times of registration, payment, and
notice are the same and provide a minimum of administrative burden
to the board and to physicians.
SECTION 6. Section 156.004, Occupations Code, is amended to
read as follows:
Sec. 156.004. NOTICE OF EXPIRATION. (a) At least 60 days
before the date on which a physician's registration permit expires,
the [The] board shall send [a registration permit renewal
application notice] to each physician at the physician's last known
address according to the board's records:
(1) a [at least 30 days before the expiration date of
the] registration permit renewal application notice; and
(2) a renewal notice for the physician's registration
with the Department of Public Safety under Subchapter C, Chapter
481, Health and Safety Code.
(b) The board shall provide for a 30-day grace period for
renewing the registration permit from the date of the expiration of
the permit.
SECTION 7. 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.
SECTION 8. 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 9. (a) The changes in law made to Subchapter C,
Chapter 481, Health and Safety Code, by this Act apply only to a
registration under that subchapter that expires on or after the
effective date of this Act.
(b) The changes in law made to Chapter 156, Occupations
Code, by this Act apply only to a registration permit under that
chapter that expires on or after the effective date of this Act.
(c) An unexpired registration under Subchapter C, Chapter
481, Health and Safety Code, held by a physician on the effective
date of this Act expires on the date on which the registration
permit issued to the physician under Chapter 156, Occupations Code,
expires.
SECTION 10. This Act takes effect January 1, 2014.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1803 was passed by the House on May 2,
2013, by the following vote: Yeas 145, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1803 on May 24, 2013, by the following vote: Yeas 144, Nays 0,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1803 was passed by the Senate, with
amendments, on May 22, 2013, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor