BILL ANALYSIS

 

 

Senate Research Center	C.S.S.B. 315
85R24274 BEE-D	By: Hinojosa et al.
	Health & Human Services
	5/4/2017
	Committee Report (Substituted)

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

C.S.S.B. 315 contains recommendations adopted by the Sunset Advisory Commission in its review of the Texas Medical Board (TMB) to clarify the agency's authority to regulate pain management clinics.

 

Major Provisions in C.S.S.B. 315:

 

Authorizes TMB to seek court enforcement of its administrative subpoenas for pain management clinic records when a clinic refuses to comply�authority the Dental Board and the Department of Licensing and Regulation already have.

 

Clarifies TMB 's existing authority to inspect unregistered pain management clinics.

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Clarifies the definition of "inappropriate prescribing" to include nontherapeutic prescribing or other conduct as specified by TMB rule.

 

C.S.S.B. 315 only contains provisions relating to TMB's subpoena authority and enforcement of pain management clinic regulations, removing all other recommendations adopted by the Sunset Advisory Commission.

 

C.S.S.B. 315 amends current law relating to the enforcement of subpoenas and the regulation of pain management clinics by the Texas Medical Board.

 

RULEMAKING AUTHORITY

 

Rulemaking authority is expressly granted to the Texas Medical Board in SECTION 4 (Section 168.052, Occupations Code) of this bill.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends the heading of Section 152.007, Occupations Code, to read as follows:

 

Sec. 153.007. AUTHORITY TO ISSUE SUBPOENA OR ADMINISTER OATH; SUBPOENA ENFORCEMENT.

 

SECTION 2. Amends Section 153.007, Occupations Code, by adding Subsections (e) and (f), as follows:

 

(e) Authorizes the Texas Medical Board (TMB), if a person fails to comply with a subpoena issued under this section, acting through the Texas attorney general (attorney general), to file suit to enforce the subpoena in a district court in Travis County or in a county in which a hearing conducted by TMB is authorized to be held.

 

(f) Requires the court, on finding that good cause exists for issuing the subpoena, to order the person to comply with the subpoena.

 

SECTION 3. Amends Subchapter A, Chapter 168, Occupations Code, by adding Section 168.003, as follows:

 

Sec. 168.003. LEGISLATIVE FINDING. Provides that 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 Texas Medical Board (TMB) closely regulating the prescribing of opioids and other controlled substances by physicians and their delegates. Provides that accordingly, the legislature finds that inspections and investigations conducted by TMB, including TMB'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. Amends Section 168.052, Occupations Code, as follows:

 

Sec. 168.052. INSPECTIONS. (a) Authorizes TMB to 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) Authorizes TMB to 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 (Certificate Required). Requires TMB by rule to establish the grounds for conducting an inspection under this subsection, including grounds based on the population of patients served by the clinic or facility, the volume or combination of drugs prescribed to patients served by the clinic or facility, and any other criteria TMB considers sufficient to require an inspection of the clinic or facility.

 

SECTION 5. Amends Section 168.201, Occupations Code, by adding Subsection (a-1), to provide that for purposes of this section, inappropriate prescribing includes nontherapeutic prescribing or other conduct as specified by TMB rule.

 

SECTION 6. Effective date: September 1, 2017.