(a) Any clinic meeting the definition of a pain management
clinic under Section 168.001 of the Act must be certified.
(b) Certification requires:
(1) a Board approved application filed by a physician
owner of the clinic. If there are multiple physician owners, the application
must be filed by one of the majority of owners, or if there are no
majority owners, then each physician owner is responsible for designating
one physician owner to file an application.
(2) providing the following documentation:
(A) proof of ownership of the clinic, which may include
filing with county clerks, the Comptroller and Secretary of State,
as applicable;
(B) days and hours of operation;
(C) name of medical director;
(D) list of employees, including contract physicians
and other healthcare providers, and their applicable education, qualifications,
training and professional licenses;
(E) protocols and standing delegation orders issued
by licensed physicians to healthcare providers; and
(F) proof of payment of the required filing fee.
(c) The Executive Director (ED) or the ED's designee
reviews all applications. After reviewing the applications, the ED
will send a notice of determination to the applicant which includes
the ED's determination. If the application is denied, then the ED
will provide the information regarding the right to appeal.
(d) Before 180 days after the expiration of the clinic's
certificate, a clinic seeking renewal must submit:
(1) a Board approved application;
(2) documentation that establishes all providers at
the clinic involved in any part of patient care have completed at
least ten hours of continuing education related to pain management
in the preceding two years; and
(3) the required renewal fees.
(e) if there is any investigation pending with the
Board against any owner or certificate holder at the time of renewal,
then a provisional renewal will be issued until the investigation
is resolved.
(f) Initial applications are valid for one year from
the date filed, unless expressly extended by Board staff.
(g) All records relating to an application or renewal
of certification are considered investigative information and are
confidential under §164.007 of the Act.
(h) A request to cancel a certificate must be accompanied
by proof that the clinic no longer meets the definition of a pain
management clinic under §168.001 of the Act.
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