83R10913 SLB-F
By: Williams S.B. No. 1646
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of pain management services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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
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 in compliance with
rules adopted by the Texas Board of Nursing.
SECTION 2. Section 168.102, Occupations Code, is amended by
adding Subsection (d) to read as follows:
(d) If an applicant for a certificate under this chapter is
under investigation by the board for a violation of this subtitle,
board rules, or other law relating to the prescription,
dispensation, administration, supply, or sale of a controlled
substance, the board may not make a decision on the application
until the board has reached a final decision on the matter under
investigation.
SECTION 3. 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 4. Subchapter D, Chapter 301, Occupations Code, is
amended by adding Section 301.1546 to read as follows:
Sec. 301.1546. RULES REGARDING PAIN MANAGEMENT. The board
may adopt rules regarding the provision of pain management services
by advanced practice nurses.
SECTION 5. Section 168.102(d), Occupations Code, as added
by this Act, applies only to an application for a certificate for a
pain management clinic filed with the Texas Medical Board on or
after the effective date of this Act. An application for a
certificate for a pain management clinic filed before that date is
governed by the law in effect on the date the application was filed,
and that law is continued in effect for that purpose.
SECTION 6. This Act takes effect September 1, 2013.