85R11743 BEE-D
 
  By: Gonzales of Williamson H.B. No. 3960
 
 
 
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 Subsection (e) 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.
         SECTION 3.  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 4.  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 5.  This Act takes effect September 1, 2017.