(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.     
     Source Note:        The provisions of this §195.3 adopted to be effective November 9, 2022, 47 TexReg 7412