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 |
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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 |