By: Hinojosa, et al. S.B. No. 315
(Burkett, Thompson of Harris, Flynn, Raymond)
A BILL TO BE ENTITLED
AN ACT
relating to the enforcement of subpoenas and the regulation of pain
management clinics by the Texas Medical Board.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 153.007, Occupations
Code, is amended to read as follows:
Sec. 153.007. AUTHORITY TO ISSUE SUBPOENA OR ADMINISTER
OATH; SUBPOENA ENFORCEMENT.
SECTION 2. Section 153.007, Occupations Code, is amended by
adding Subsections (e) and (f) to read as follows:
(e) If a person fails to comply with a subpoena issued under
this section, the board, acting through the attorney general, may
file suit to enforce the subpoena in a district court in Travis
County or in a county in which a hearing conducted by the board may
be held.
(f) On finding that good cause exists for issuing the
subpoena, the court shall order the person to comply with the
subpoena.
SECTION 3. Subchapter A, Chapter 168, Occupations Code, is
amended by adding Section 168.003 to read as follows:
Sec. 168.003. LEGISLATIVE FINDING. The legislature finds
that deaths resulting from the use of opioids and other controlled
substances constitute a public health crisis and that there is a
compelling state interest in the board closely regulating the
prescribing of opioids and other controlled substances by
physicians and their delegates. Accordingly, the legislature finds
that inspections and investigations conducted by the board,
including the board's use of subpoenas for immediate production,
inspection, and copying of medical and billing records, are
necessary to adequately regulate the prescribing of opioids and
other controlled substances in order to protect the public health
and welfare.
SECTION 4. Section 168.052, Occupations Code, is amended to
read as follows:
Sec. 168.052. INSPECTIONS. (a) The board may inspect a
pain management clinic certified under this chapter, including the
documents of a physician practicing at the clinic, as necessary to
ensure compliance with this chapter.
(b) The board may inspect a clinic or facility that is not
certified under this chapter to determine whether the clinic or
facility is required to be certified under Section 168.101. The
board by rule shall establish the grounds for conducting an
inspection under this subsection, including grounds based on:
(1) the population of patients served by the clinic or
facility;
(2) the volume or combination of drugs prescribed to
patients served by the clinic or facility; and
(3) any other criteria the board considers sufficient
to require an inspection of the clinic or facility.
SECTION 5. Section 168.201, Occupations Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) For the purposes of this section, inappropriate
prescribing includes nontherapeutic prescribing or other conduct
as specified by board rule.
SECTION 6. This Act takes effect September 1, 2017.