Section 195.4 - Minimum Operational Standards for the Treatment of Pain Patients(a) Physicians treating a pain patient must:(1) Operate in compliance with provisions of all applicable federal and state laws;(2) Follow the standard of care;(3) Maintain complete, contemporaneous and legible medical records, in the manner as a non-pain patient, and include documentation of:(A) monitoring efficacy, daily functionality, description of pain relief;(B) mandatory PMP checks;(C) pain contracts, if applicable;(D) support for billing; and(E) drug testing results and other forms of monitoring for patient compliance with treatment recommendations.(b) For pain patients transferring their care to a new treating physician at a Gold Designated Practice, the following applies:(1) The new treating physician must:(A) document an initial problem focused exam;(B) document a PMP check; and(C) request medical records from the prior treating physician(s) within 15 business days of seeing the patient.(2) The new physician may provide only a one-time 30-day maximum non-refillable prescription of pain medication at the initial visit.(3) If the requested medical records are not received within 15 business days after the initial request, the physician must perform the following before issuing any other prescriptions for pain treatment to the patient: (A) a complete history and physical, including assessment of abuse or diversion potential;(B) diagnostic testing and obtain the results to verify pain sources or etiology, if applicable;22 Tex. Admin. Code § 195.4
The provisions of this §195.4 adopted to be effective May 2, 2010, 35 TexReg 3281; amended to be effective June 28, 2011, 36 TexReg 3922; amended to be effective December 4, 2011, 36 TexReg 8033; amended to be effective January 23, 2014, 39 TexReg 298; Amended by Texas Register, Volume 45, Number 26, June 26, 2020, TexReg 4339, eff. 7/2/2020; Adopted by Texas Register, Volume 47, Number 44, November 4, 2022, TexReg 7420, eff. 11/9/2022