By: Williams S.B. No. 1646
(In the Senate - Filed March 8, 2013; March 20, 2013, read
first time and referred to Committee on Health and Human Services;
April 22, 2013, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; April 22, 2013,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1646 By: Huffman
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
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 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. Subsection (a), Section 168.202, Occupations
Code, is amended to read as follows:
(a) A violation of this chapter or a rule adopted under this
chapter is grounds for disciplinary action, including a temporary
suspension or restriction under Section 164.059, against a pain
management clinic certified under this chapter or an owner or
operator of a clinic certified under this chapter.
SECTION 5. 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
shall adopt rules regarding the provision of pain management
services by advanced practice nurses.
SECTION 6. The changes in law made by this Act to Section
168.002, Occupations Code, apply only to services provided by a
physician or advanced practice nurse on or after the effective date
of this Act. Services provided before the effective date of this
Act are governed by the law in effect when the services were
provided, and the former law is continued in effect for that
purpose.
SECTION 7. Subsection (d), Section 168.102, 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 8. This Act takes effect September 1, 2013.
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