S.B. No. 315
AN ACT
relating to the enforcement of subpoenas, the regulation of pain
management clinics, and the adoption of guidelines for prescribing
certain opioids 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. Subtitle B, Title 3, Occupations Code, is
amended by adding Chapter 170 to read as follows:
CHAPTER 170. PRESCRIPTION OF OPIOID ANTAGONISTS
Sec. 170.001. DEFINITIONS. In this chapter, "opioid
antagonist" and "opioid-related drug overdose" have the meanings
assigned by Section 483.101, Health and Safety Code.
Sec. 170.002. GUIDELINES. (a) The board shall adopt
guidelines for the prescription of opioid antagonists.
(b) The guidelines must address:
(1) prescribing an opioid antagonist to a patient to
whom an opioid medication is also prescribed; and
(2) identifying patients at risk of an opioid-related
drug overdose and prescribing an opioid antagonist to that patient
or to a person in a position to administer the opioid antagonist to
that patient.
(c) In adopting guidelines under this section, the board:
(1) shall consult materials published by the Substance
Abuse and Mental Health Services Administration of the United
States Department of Health and Human Services; and
(2) may consult other appropriate materials,
including medical journals subject to peer review and publications
by medical professional associations.
Sec. 170.003. LIABILITY FOR ACT OR OMISSION WITH RESPECT TO
PRESCRIBING AN OPIOID ANTAGONIST. A physician who acts in good
faith and with reasonable care, regardless of whether the physician
follows the guidelines adopted under this chapter, is not subject
to criminal or civil liability or any professional disciplinary
action for:
(1) prescribing or failing to prescribe an opioid
antagonist; or
(2) any outcome resulting from the eventual
administration of an opioid antagonist prescribed by the physician.
SECTION 7. The change in law made by this Act relating to
Chapter 170, Occupations Code, as added by this Act, and to conduct
that is grounds for imposition of a disciplinary sanction applies
only to conduct that occurs on or after September 1, 2017. Conduct
that occurs before September 1, 2017, is governed by the law in
effect on the date the conduct occurred, and the former law is
continued in effect for that purpose.
SECTION 8. The change in law made by this Act relating to
Chapter 170, Occupations Code, as added by this Act, and to conduct
that is the basis for civil liability applies only to conduct that
occurs on or after September 1, 2017. Conduct that occurs before
September 1, 2017, is governed by the law in effect on the date the
conduct occurred, and the former law is continued in effect for that
purpose.
SECTION 9. The change in law made by this Act relating to
Chapter 170, Occupations Code, as added by this Act, and to conduct
that constitutes a criminal offense applies only to an offense
committed on or after September 1, 2017. For purposes of this
section, an offense is committed before September 1, 2017, if any
element of the offense occurs before that date. An offense
committed before September 1, 2017, is governed by the law in effect
on the date the offense was committed, and the former law is
continued in effect for that purpose.
SECTION 10. This Act takes effect September 1, 2017.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 315 passed the Senate on
May 10, 2017, by the following vote: Yeas 30, Nays 0; and that the
Senate concurred in House amendment on May 26, 2017, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 315 passed the House, with
amendment, on May 23, 2017, by the following vote: Yeas 129,
Nays 16, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor