| 6 | 4 | | AN ACT |
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| 7 | 5 | | relating to defining the duties and to the penalties concerning |
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| 8 | 6 | | pain management clinics. |
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| 9 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 8 | | SECTION 1. Section 168.001, Occupations Code, is amended to |
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| 11 | 9 | | read as follows: |
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| 12 | 10 | | Sec. 168.001. DEFINITIONS [DEFINITION]. In this chapter: |
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| 13 | 11 | | (1) [In this chapter,] "Pain [pain] management clinic" |
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| 14 | 12 | | means a publicly or privately owned facility for which a majority of |
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| 15 | 13 | | patients are issued on a monthly basis a prescription for opioids, |
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| 16 | 14 | | benzodiazepines, barbiturates, or carisoprodol, but not including |
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| 17 | 15 | | suboxone. |
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| 18 | 16 | | (2) "Operator" means an owner, medical director, or |
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| 19 | 17 | | physician affiliated or associated with the pain management clinic |
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| 20 | 18 | | in any capacity. Each of these individuals is considered to be |
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| 21 | 19 | | operating at the pain management clinic. |
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| 22 | 20 | | SECTION 2. Section 168.201(d), Occupations Code, is amended |
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| 23 | 21 | | to read as follows: |
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| 24 | 22 | | (d) A person who owns or operates a pain management clinic |
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| 25 | 23 | | is engaged in the practice of medicine. This shall include, but is |
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| 26 | 24 | | not limited to, all supervision and delegation activities related |
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| 27 | 25 | | to the pain management clinic. |
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| 28 | 26 | | SECTION 3. Section 168.202(c), Occupations Code, is amended |
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| 29 | 27 | | by adding Subsection (c) to read as follows: |
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| 30 | 28 | | (c) A violation of this chapter is subject to criminal |
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| 31 | 29 | | prosecution under Section 165.152. |
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| 32 | 30 | | SECTION 4. This Act takes effect September 1, 2015. |
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| 31 | + | ______________________________ ______________________________ |
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| 32 | + | President of the Senate Speaker of the House |
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| 33 | + | I hereby certify that S.B. No. 1235 passed the Senate on |
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| 34 | + | April 13, 2015, by the following vote: Yeas 31, Nays 0. |
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| 35 | + | ______________________________ |
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| 36 | + | Secretary of the Senate |
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| 37 | + | I hereby certify that S.B. No. 1235 passed the House on |
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| 38 | + | May 19, 2015, by the following vote: Yeas 144, Nays 2, |
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| 39 | + | two present not voting. |
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| 40 | + | ______________________________ |
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| 41 | + | Chief Clerk of the House |
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| 42 | + | Approved: |
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| 43 | + | ______________________________ |
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| 44 | + | Date |
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| 45 | + | ______________________________ |
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| 46 | + | Governor |
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