A Guide to State Opioid Prescribing Policies

Pain Policy and Regulation: Texas

Official citation:

Texas Administrative Code, Title 21, Part 9, Chapter 170

General Nature of the Rule

This rule is part of the Texas Medical Board's Rules governing the practice of medicine in Texas. Although the title of the rule is "Pain Management," the more specific focus of the rule is the use of controlled (or dangerous and scheduled drugs in Texas) for the treatment of pain. The rule contains general practice guidance and board directives for Texas physicians when treating pain with controlled substances — both acute and chronic pain. This rule has the force of law, meaning that if a Texas-licensed physician's behavior is challenged under this or any other practice rule, the Texas Medical Board may take action against the physician's license if the board finds that he or she failed to follow the rule or to provide a solid basis for not doing so.

Key Components of the Rule

Table 1 is intended to serve as a quick reference source for the Texas Medical Board's Rule on Pain Management. You should read the entire rule and check for licensing board updates and other commentary about the rule and pain management in general.

Key Definitions Used in the Rule

The Texas Medical Board's Pain Management Rule contains several key definitions, all of which should be reviewed and incorporated into the medical practice (Table 2). Some terms have been omitted from this summary, so be sure to read the rule and review the board's Web site for updates. In addition, make sure your forms use definitions that are consistent with your state board's definition.

Checklist of Items the Texas Medical Board Uses to Evaluate a Physician's Treatment of Pain

Figure 1 provides an idea of items the board will use to evaluate a physician's compliance with this rule. Use it for self-assessment. Be sure to read the entire rule and check the board's Web site for updates.

Figure 1.  (click image to zoom) Texas Pain Management Rule Reference Guide.

Checklist for Medical Records Required by Texas Pain Management Rule

Figure 2 provides a summary of what is required in a thorough history and physical by the Texas Pain Management Rule.

Figure 2.  (click image to zoom) History and Physical Requirements by the Texas Pain Management Rule.

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Author Information

Jennifer Bolen, JD, Founder, The Legal Side of Pain, Lenoir City, Tennessee

Disclosure: Jennifer Bolen, JD, has disclosed no relevant financial relationships.