Bill Text: TX SB315 | 2017-2018 | 85th Legislature | Enrolled


Bill Title: 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.

Spectrum: Bipartisan Bill

Status: (Passed) 2017-06-09 - Effective on 9/1/17 [SB315 Detail]

Download: Texas-2017-SB315-Enrolled.html
 
 
  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
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