Tex.
Occ. Code Section 168.201
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 (Definitions)(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.
Source:
Section 168.201 — Regulation of Person Affiliated with Clinic, https://statutes.capitol.texas.gov/Docs/OC/htm/OC.168.htm#168.201 (accessed May 4, 2024).
