Bill Text: TX SB1646 | 2013-2014 | 83rd Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
83R10913 SLB-F | ||
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 | ||
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 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. 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 | ||
may adopt rules regarding the provision of pain management services | ||
by advanced practice nurses. | ||
SECTION 5. Section 168.102(d), 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 6. This Act takes effect September 1, 2013. |