Friday, November 1, 2013

Texas Board of Pharmacy Information Regarding Certified Pain Management Clinics


Certified Pain Management Clinics
Recently, the Texas Medical Board (TMB) and Texas State Board of Pharmacy have received
numerous questions regarding the certification of pain management clinics. Some pharmacists
assume that after September 1, 2010, a physician must be certified before prescribing pain
management drugs. This is NOT the case.
Pharmacists are required to assess each individual prescription and determine if it has been
issued for a legitimate medical purpose. The fact that a physician who issues the prescription
works in a certified pain management clinic does not automatically make the prescription valid
or relieve a pharmacist of the responsibility to determine that the prescription is valid and has
been issued for a legitimate medical purpose. The requirements for the certification of pain
management clinics are as follows:
A pain management clinic is defined in §167.001 of the Texas Medical Practices Act as a
publicly or privately owned facility for which a majority of patients are issued on a monthly basis,
prescriptions for opioids, benzodiazepines, barbiturates, or carisoprodol, but not suboxone.
The physician owner/operator of a pain management clinic must register with the TMB.
Certificates are not transferable or assignable. Only the primary physician owner is required to
register with the board if there is more than one physician owner of the clinic.  Each clinic
requires a separate certificate.
A pain management clinic may not operate in Texas unless the clinic is owned and operated by
a medical director who:
• is a physician who practices in Texas
• has an unrestricted medical license

Texas State Board of Pharmacy Job Openings

Second Question of Day November 1, 2013 Texas Board of Pharmacy is Considering an Amendment to the Pharmacist to Technician Ratio? Is this amendment a good idea? Bad idea?


Amendments Concerning Pharmacist to Technician Ratio
§291.32 Concerning Class A Pharmacies
§291.53 Concerning Class B Pharmacies
§291.153 Concerning Class G Pharmacies

I am trying to figure out an analogy.  In legal world we have paralegals and "legal assistants."  We aren't required to have either but couldn't do job without them.  However, no ratio requirements because the bottom line is as an attorney I am responsible. It is my signature and name on line (although some courts will allow paralegals to sign appellate briefs etc. and this is not without controversy).  So I am going to have enough common sense to know I don't want to supervise and be responsible for more than I can handle which is going to be a very small number.  You might say but this doesn't depend on life or death or health and safety...in some cases you would be wrong....death penalty cases involve whether a person lives or dies...but still probably not the right analogy...Dr. Woliner I am counting on you to point me in the right direction of an apology......

Reminder: Texas Board of Pharmacy Public Hearing and Board Meeting on November 4-5, 2013 Agenda and Materials Available

Public Hearing and Board Business Meeting
Monday, November 4, 2013
1:00 p.m. 
Tuesday, November 5, 2013
9:00 a.m.

The Board will commence in open session to hear public testimony followed by the Board business meeting.  The hearing and  meeting will be held at the William P. Hobby Building, 333 Guadalupe, Tower 2, Room 225, Austin, Texas. Click here to view the public hearing agenda and click here to view the meeting agenda and supporting materials.