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