By: Whitmire S.B. No. 1235
(Fletcher)
A BILL TO BE ENTITLED
AN ACT
relating to defining the duties and to the penalties concerning
pain management clinics.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 168.001, Occupations Code, is amended to
read as follows:
Sec. 168.001. DEFINITIONS [DEFINITION]. In this chapter:
(1) [In this chapter,] "Pain [pain] management clinic"
means a publicly or privately owned facility for which a majority of
patients are issued on a monthly basis a prescription for opioids,
benzodiazepines, barbiturates, or carisoprodol, but not including
suboxone.
(2) "Operator" means an owner, medical director, or
physician affiliated or associated with the pain management clinic
in any capacity. Each of these individuals is considered to be
operating at the pain management clinic.
SECTION 2. Section 168.201(d), Occupations Code, is amended
to read as follows:
(d) A person who owns or operates a pain management clinic
is engaged in the practice of medicine. This shall include, but is
not limited to, all supervision and delegation activities related
to the pain management clinic.
SECTION 3. Section 168.202(c), Occupations Code, is amended
by adding Subsection (c) to read as follows:
(c) A violation of this chapter is subject to criminal
prosecution under Section 165.152.
SECTION 4. This Act takes effect September 1, 2015.