Texas § OC.168.201 - REGULATION OF PERSON AFFILIATED WITH CLINIC

§ OC.168.201. REGULATION OF PERSON AFFILIATED WITH CLINIC

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. (a-1) For the purposes of this section, inappropriate prescribing includes nontherapeutic prescribing or other conduct as specified by board rule. (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. (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. Redesignated from Occupations Code, Chapter 167 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303 ), Sec. 27.001(45), eff. September 1, 2011. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 956 (H.B. 1803 ), Sec. 8, eff. January 1, 2014. Acts 2015, 84th Leg., R.S., Ch. 478 (S.B. 1235 ), Sec. 2, eff. September 1, 2015. Acts 2017, 85th Leg., R.S., Ch. 534 (S.B. 315 ), Sec. 5, eff. September 1, 2017.