Bill Text: TX SB1646 | 2013-2014 | 83rd Legislature | Engrossed
Bill Title: Relating to the regulation of pain management services.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2013-05-16 - Comm. report sent to Local & Consent Calendar [SB1646 Detail]
Download: Texas-2013-SB1646-Engrossed.html
By: Williams | S.B. No. 1646 |
|
||
|
||
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. |