| 1 | 1 | | By: Williams S.B. No. 1646 |
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| 2 | 2 | | (King of Taylor) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the regulation of pain management services. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 168.002, Occupations Code, is amended to |
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| 10 | 10 | | read as follows: |
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| 11 | 11 | | Sec. 168.002. EXEMPTIONS. This chapter does not apply to: |
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| 12 | 12 | | (1) a medical or dental school or an outpatient clinic |
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| 13 | 13 | | associated with a medical or dental school; |
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| 14 | 14 | | (2) a hospital, including any outpatient facility or |
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| 15 | 15 | | clinic of a hospital; |
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| 16 | 16 | | (3) a hospice established under 40 T.A.C. Section |
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| 17 | 17 | | 97.403 or defined by 42 C.F.R. Section 418.3; |
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| 18 | 18 | | (4) a facility maintained or operated by this state; |
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| 19 | 19 | | (5) a clinic maintained or operated by the United |
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| 20 | 20 | | States; |
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| 21 | 21 | | (6) a health organization certified by the board under |
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| 22 | 22 | | Section 162.001; |
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| 23 | 23 | | (7) a clinic owned or operated by a physician who |
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| 24 | 24 | | treats patients within the physician's area of specialty and who |
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| 25 | 25 | | personally uses other forms of treatment, including surgery, with |
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| 26 | 26 | | the issuance of a prescription for a majority of the patients; or |
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| 27 | 27 | | (8) a clinic owned or operated by an advanced practice |
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| 28 | 28 | | nurse licensed in this state who treats patients in the nurse's area |
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| 29 | 29 | | of specialty and who personally uses other forms of treatment with |
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| 30 | 30 | | the issuance of a prescription for a majority of the patients in |
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| 31 | 31 | | compliance with rules adopted by the Texas Board of Nursing. |
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| 32 | 32 | | SECTION 2. Section 168.102, Occupations Code, is amended by |
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| 33 | 33 | | adding Subsection (d) to read as follows: |
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| 34 | 34 | | (d) If an applicant for a certificate under this chapter is |
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| 35 | 35 | | under investigation by the board for a violation of this subtitle, |
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| 36 | 36 | | board rules, or other law relating to the prescription, |
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| 37 | 37 | | dispensation, administration, supply, or sale of a controlled |
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| 38 | 38 | | substance, the board may not make a decision on the application |
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| 39 | 39 | | until the board has reached a final decision on the matter under |
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| 40 | 40 | | investigation. |
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| 41 | 41 | | SECTION 3. Section 168.201, Occupations Code, is amended by |
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| 42 | 42 | | adding Subsection (d) to read as follows: |
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| 43 | 43 | | (d) A person who owns or operates a pain management clinic |
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| 44 | 44 | | is engaged in the practice of medicine. |
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| 45 | 45 | | SECTION 4. Subsection (a), Section 168.202, Occupations |
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| 46 | 46 | | Code, is amended to read as follows: |
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| 47 | 47 | | (a) A violation of this chapter or a rule adopted under this |
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| 48 | 48 | | chapter is grounds for disciplinary action, including a temporary |
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| 49 | 49 | | suspension or restriction under Section 164.059, against a pain |
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| 50 | 50 | | management clinic certified under this chapter or an owner or |
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| 51 | 51 | | operator of a clinic certified under this chapter. |
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| 52 | 52 | | SECTION 5. Subchapter D, Chapter 301, Occupations Code, is |
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| 53 | 53 | | amended by adding Section 301.1546 to read as follows: |
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| 54 | 54 | | Sec. 301.1546. RULES REGARDING PAIN MANAGEMENT. The board |
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| 55 | 55 | | shall adopt rules regarding the provision of pain management |
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| 56 | 56 | | services by advanced practice nurses. |
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| 57 | 57 | | SECTION 6. The changes in law made by this Act to Section |
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| 58 | 58 | | 168.002, Occupations Code, apply only to services provided by a |
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| 59 | 59 | | physician or advanced practice nurse on or after the effective date |
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| 60 | 60 | | of this Act. Services provided before the effective date of this |
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| 61 | 61 | | Act are governed by the law in effect when the services were |
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| 62 | 62 | | provided, and the former law is continued in effect for that |
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| 63 | 63 | | purpose. |
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| 64 | 64 | | SECTION 7. Subsection (d), Section 168.102, Occupations |
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| 65 | 65 | | Code, as added by this Act, applies only to an application for a |
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| 66 | 66 | | certificate for a pain management clinic filed with the Texas |
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| 67 | 67 | | Medical Board on or after the effective date of this Act. An |
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| 68 | 68 | | application for a certificate for a pain management clinic filed |
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| 69 | 69 | | before that date is governed by the law in effect on the date the |
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| 70 | 70 | | application was filed, and that law is continued in effect for that |
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| 71 | 71 | | purpose. |
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| 72 | 72 | | SECTION 8. This Act takes effect September 1, 2013. |
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