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management clinic" means a publicly or privately owned facility for carisoprodol, but not including suboxone.
Redesignated from Occupations Code, Chapter 167 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. ), Sec. 27.001(45), eff. September 1, Sec. 168.002.AAEXEMPTIONS.AAThis chapter does not apply to: (1)AAa medical or dental school or an outpatient clinic associated with a medical or dental school; (2)AAa hospital, including any outpatient facility or 97.403 or defined by 42 C.F.R. Section 418.3; (4)AAa facility maintained or operated by this state; (6)AAa health organization certified by the board under 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)AAa 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.
Redesignated from Occupations Code, Chapter 167 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. ), Sec. 27.001(45), eff. September 1, Acts 2013, 83rd Leg., R.S., Ch. 956 (H.B. ), Sec. 7, eff.
(2)AApersonnel requirements for the clinic, including requirements for a physician who practices at a clinic; (3)AAstandards to ensure quality of patient care; (5)AAinspections and complaint investigations; and Redesignated from Occupations Code, Chapter 167 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. ), Sec. 27.001(45), eff. September 1, practicing at the clinic, as necessary to ensure compliance with Redesignated from Occupations Code, Chapter 167 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. ), Sec. 27.001(45), eff. September 1, 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.
Redesignated from Occupations Code, Chapter 167 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. ), Sec. 27.001(45), eff. September 1, Sec. 168.101.AACERTIFICATE REQUIRED.
clinic may not operate in this state unless the clinic is certified Redesignated from Occupations Code, Chapter 167 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. ), Sec. 27.001(45), eff. September 1, Sec. 168.102.AACERTIFICATE APPLICATION AND ISSUANCE.
physician who owns or operates a pain management clinic shall apply management clinic must be owned and operated by a medical director who is a physician who practices in this state under an unrestricted (b)AAAn applicant for a certificate under this chapter must submit an application to the board on a form prescribed by the (c)AAThe 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.
(d)AAIf an applicant for a certificate under this chapter is under investigation by the board for a violation of this subtitle, substance, the board may not make a decision on the application until the board has reached a final decision on the matter under Redesignated from Occupations Code, Chapter 167 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. ), Sec. 27.001(45), eff. September 1, Acts 2013, 83rd Leg., R.S., Ch. 1226 (S.B. ), Sec. 5, eff.
Sec. 168.151.AAEXPIRATION OF CERTIFICATE.
issued under this chapter expires on the second anniversary of the (b)AAThe board shall grant a 180-day grace period from the expiration date of a certificate to renew the certificate.
(c)AAThe 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.
Redesignated from Occupations Code, Chapter 167 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. ), Sec. 27.001(45), eff. September 1, Sec. 168.152.AAREQUIREMENTS FOR RENEWAL.
certificate issued to the clinic under this chapter by: (1)AAsubmitting a renewal application to the board on the form prescribed by the board before the expiration of the grace (2)AAcomplying with any other requirements adopted by (b)AAIf a certificate is not renewed before the expiration of the grace period under Section 168.151, the pain management clinic must reapply for an original certificate to operate the clinic.
Redesignated from Occupations Code, Chapter 167 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. ), Sec. 27.001(45), eff. September 1, SUBCHAPTER E. REGULATION OF CLINICS; ENFORCEMENT Sec. 168.201.AAREGULATION OF PERSON AFFILIATED WITH CLINIC.
The owner or operator of a pain management clinic, an employee of the clinic, or a person with whom a clinic contracts for services (1)AAhave been denied, by any jurisdiction, a license under which the person may prescribe, dispense, administer, supply, (2)AAhave 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)AAhave been subject to disciplinary action by any licensing entity for conduct that was a result of inappropriately prescribing, dispensing, administering, supplying, or selling a (b)AAA 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)AAan offense that constitutes a felony; or facts of which relate to the distribution of illegal prescription drugs or a controlled substance as defined by Section 551.003(11).
(c)AAThe owner or operator of a pain management clinic shall: (1)AAbe on-site at the clinic at least 33 percent of the clinic ’s total number of operating hours; and (2)AAreview 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 (d)AAA person who owns or operates a pain management clinic is engaged in the practice of medicine.
Redesignated from Occupations Code, Chapter 167 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. ), Sec. 27.001(45), eff. September 1, Acts 2013, 83rd Leg., R.S., Ch. 956 (H.B. ), Sec. 8, eff.
this chapter or a rule adopted under this chapter is grounds for restriction under Section 164.059, against a pain management clinic certified under this chapter or an owner or operator of a clinic (b)AAA violation of this chapter may be enforced in the same manner as any other violation of this subtitle.
Redesignated from Occupations Code, Chapter 167 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. ), Sec. 27.001(45), eff. September 1, Acts 2013, 83rd Leg., R.S., Ch. 1226 (S.B. ), Sec. 6, eff.

Source: http://www.statutes.legis.state.tx.us/Docs/OC/pdf/OC.168.pdf

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