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		By: Whitmire  | 
        S.B. No. 1235 | 
      
      
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               (In the Senate - Filed March 11, 2015; March 17, 2015, read  | 
      
      
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        first time and referred to Committee on Health and Human Services;  | 
      
      
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        March 24, 2015, rereferred to Committee on Criminal Justice;  | 
      
      
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        April 7, 2015, reported favorably by the following vote:  Yeas 7,  | 
      
      
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        Nays 0; April 7, 2015, sent to printer.) | 
| Click here to see the committee vote | 
      
    
    
      
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          A BILL TO BE ENTITLED
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          AN ACT
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        relating to defining the duties and to the penalties concerning  | 
      
      
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        pain management clinics. | 
      
      
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               BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
      
      
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               SECTION 1.  Section 168.001, Occupations Code, is amended to  | 
      
      
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        read as follows: | 
      
      
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               Sec. 168.001.  DEFINITIONS [DEFINITION].  In this chapter: | 
      
      
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                     (1)  [In this chapter,] "Pain [pain] management clinic"  | 
      
      
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        means a publicly or privately owned facility for which a majority of  | 
      
      
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        patients are issued on a monthly basis a prescription for opioids,  | 
      
      
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        benzodiazepines, barbiturates, or carisoprodol, but not including  | 
      
      
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        suboxone. | 
      
      
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                     (2)  "Operator" means an owner, medical director, or  | 
      
      
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        physician affiliated or associated with the pain management clinic  | 
      
      
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        in any capacity.  Each of these individuals is considered to be  | 
      
      
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        operating at the pain management clinic. | 
      
      
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               SECTION 2.  Section 168.201(d), Occupations Code, is amended  | 
      
      
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        to read as follows: | 
      
      
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               (d)  A person who owns or operates a pain management clinic  | 
      
      
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        is engaged in the practice of medicine.  This shall include, but is  | 
      
      
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        not limited to, all supervision and delegation activities related  | 
      
      
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        to the pain management clinic. | 
      
      
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               SECTION 3.  Section 168.202(c), Occupations Code, is amended  | 
      
      
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        by adding Subsection (c) to read as follows: | 
      
      
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               (c)  A violation of this chapter is subject to criminal  | 
      
      
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        prosecution under Section 165.152. | 
      
      
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               SECTION 4.  This Act takes effect September 1, 2015. | 
      
      
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