CHAPTER 167. REGULATION OF PAIN MANAGEMENT CLINICS
OCCUPATIONS CODE
TITLE 3. HEALTH PROFESSIONS
SUBTITLE B. PHYSICIANS
CHAPTER 167. REGULATION OF PAIN MANAGEMENT CLINICS
Chapter 167, consisting of Secs. 167.001 to 167.202, was added by
Acts 2009, 81st Leg., R.S., Ch.
775, Sec. 1.
For another Chapter 167, consisting of Secs. 167.001 to 167.011,
added by Acts 2009, 81st Leg., R.S., Ch.
1345, Sec. 2(a), see Sec. 167.001 et seq., post.
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 167.001. DEFINITION. In this chapter, "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.
Added by Acts 2009, 81st Leg., R.S., Ch.
775, Sec. 1, eff. September 1, 2009.
Sec. 167.002. 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.
Added by Acts 2009, 81st Leg., R.S., Ch.
775, Sec. 1, eff. September 1, 2009.
SUBCHAPTER B. POWERS AND DUTIES OF BOARD
Sec. 167.051. ADOPTION OF RULES. The board shall adopt rules
necessary to implement this chapter, including rules to address,
for a pain management clinic:
(1) the operation of the clinic;
(2) personnel requirements for the clinic, including
requirements for a physician who practices at a clinic;
(3) standards to ensure quality of patient care;
(4) certificate application and renewal procedures and
requirements;
(5) inspections and complaint investigations; and
(6) patient billing procedures.
Added by Acts 2009, 81st Leg., R.S., Ch.
775, Sec. 1, eff. September 1, 2009.
Sec. 167.052. INSPECTIONS. The board may inspect a pain
management clinic, including the documents of a physician
practicing at the clinic, as necessary to ensure compliance with
this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch.
775, Sec. 1, eff. September 1, 2009.
Sec. 167.053. COMPLAINTS. The board shall investigate a
complaint alleging a violation of this chapter or a rule adopted
under this chapter by a pain management clinic certified under
this chapter or a physician who owns or operates a clinic in the
same manner as other complaints under this subtitle.
Added by Acts 2009, 81st Leg., R.S., Ch.
775, Sec. 1, eff. September 1, 2009.
SUBCHAPTER C. CERTIFICATION OF CLINIC
Section 167.101 takes effect September 1, 2010.
Sec. 167.101. CERTIFICATE REQUIRED. (a) A pain management
clinic may not operate in this state unless the clinic is
certified under this chapter.
(b) A certificate issued under this chapter is not transferable
or assignable.
Added by Acts 2009, 81st Leg., R.S., Ch.
775, Sec. 1, eff. September 1, 2009.
Sec. 167.102. CERTIFICATE APPLICATION AND ISSUANCE. (a) A
physician who owns or operates a pain management clinic shall
apply for a certificate for the clinic under this chapter. A
pain management clinic must be owned and operated by a medical
director who is a physician who practices in this state under an
unrestricted license.
(b) An applicant for a certificate under this chapter must
submit an application to the board on a form prescribed by the
board.
(c) The board shall issue a certificate if the board finds that
the pain management clinic meets the requirements of this chapter
and the standards adopted by the board under this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch.
775, Sec. 1, eff. September 1, 2009.
SUBCHAPTER D. CERTIFICATE RENEWAL
Sec. 167.151. EXPIRATION OF CERTIFICATE. (a) A certificate
issued under this chapter expires on the second anniversary of
the date it is issued.
(b) The board shall grant a 180-day grace period from the
expiration date of a certificate to renew the certificate.
(c) The owner or operator of a pain management clinic for which
a certificate has expired may not continue to operate the clinic
until the clinic's certificate is renewed.
Added by Acts 2009, 81st Leg., R.S., Ch.
775, Sec. 1, eff. September 1, 2009.
Sec. 167.152. REQUIREMENTS FOR RENEWAL. (a) The owner or
operator of a pain management clinic may apply to renew a
certificate issued to the clinic under this chapter by:
(1) submitting a renewal application to the board on the form
prescribed by the board before the expiration of the grace period
under Section 167.151; and
(2) complying with any other requirements adopted by board rule.
(b) If a certificate is not renewed before the expiration of the
grace period under Section 167.151, the pain management clinic
must reapply for an original certificate to operate the clinic.
Added by Acts 2009, 81st Leg., R.S., Ch.
775, Sec. 1, eff. September 1, 2009.
SUBCHAPTER E. REGULATION OF CLINICS; ENFORCEMENT
Sec. 167.201. REGULATION OF PERSON AFFILIATED WITH CLINIC. (a)
The owner or operator of a pain management clinic, an employee of
the clinic, or a person with whom a clinic contracts for services
may not:
(1) have been denied, by any jurisdiction, a license under which
the person may prescribe, dispense, administer, supply, or sell a
controlled substance;
(2) have held a license issued by any jurisdiction, under which
the person may prescribe, dispense, administer, supply, or sell a
controlled substance, that has been restricted; or
(3) have been subject to disciplinary action by any licensing
entity for conduct that was a result of inappropriately
prescribing, dispensing, administering, supplying, or selling a
controlled substance.
(b) A pain management clinic may not be owned wholly or partly
by a person who has been convicted of, pled nolo contendere to,
or received deferred adjudication for:
(1) an offense that constitutes a felony; or
(2) an offense that constitutes a misdemeanor, the facts of
which relate to the distribution of illegal prescription drugs or
a controlled substance as defined by Section 551.003(11).
(c) The owner or operator of a pain management clinic shall:
(1) be on-site at the clinic at least 33 percent of the clinic's
total number of operating hours; and
(2) review at least 33 percent of the total number of patient
files of the clinic, including the patient files of a clinic
employee or contractor to whom authority for patient care has
been delegated by the clinic.
Added by Acts 2009, 81st Leg., R.S., Ch.
775, Sec. 1, eff. September 1, 2009.
Sec. 167.202. DISCIPLINARY ACTION. (a) A violation of this
chapter or a rule adopted under this chapter is grounds for
disciplinary action against a pain management clinic certified
under this chapter or an owner or operator of a clinic certified
under this chapter.
(b) A violation of this chapter may be enforced in the same
manner as any other violation of this subtitle.
Added by Acts 2009, 81st Leg., R.S., Ch.
775, Sec. 1, eff. September 1, 2009.