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A BILL TO BE ENTITLED
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AN ACT
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relating to the enforcement of subpoenas and the regulation of pain |
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management clinics by the Texas Medical Board. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 153.007, Occupations |
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Code, is amended to read as follows: |
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Sec. 153.007. AUTHORITY TO ISSUE SUBPOENA OR ADMINISTER |
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OATH; SUBPOENA ENFORCEMENT. |
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SECTION 2. Section 153.007, Occupations Code, is amended by |
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adding Subsections (e) and (f) to read as follows: |
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(e) If a person fails to comply with a subpoena issued under |
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this section, the board, acting through the attorney general, may |
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file suit to enforce the subpoena in a district court in Travis |
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County or in a county in which a hearing conducted by the board may |
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be held. |
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(f) On finding that good cause exists for issuing the |
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subpoena, the court shall order the person to comply with the |
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subpoena. |
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SECTION 3. Subchapter A, Chapter 168, Occupations Code, is |
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amended by adding Section 168.003 to read as follows: |
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Sec. 168.003. LEGISLATIVE FINDING. The legislature finds |
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that deaths resulting from the use of opioids and other controlled |
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substances constitute a public health crisis and that there is a |
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compelling state interest in the board closely regulating the |
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prescribing of opioids and other controlled substances by |
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physicians and their delegates. Accordingly, the legislature finds |
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that inspections and investigations conducted by the board, |
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including the board's use of subpoenas for immediate production, |
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inspection, and copying of medical and billing records, are |
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necessary to adequately regulate the prescribing of opioids and |
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other controlled substances in order to protect the public health |
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and welfare. |
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SECTION 4. Section 168.052, Occupations Code, is amended to |
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read as follows: |
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Sec. 168.052. INSPECTIONS. (a) The board may inspect a |
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pain management clinic certified under this chapter, including the |
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documents of a physician practicing at the clinic, as necessary to |
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ensure compliance with this chapter. |
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(b) The board may inspect a clinic or facility that is not |
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certified under this chapter to determine whether the clinic or |
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facility is required to be certified under Section 168.101. The |
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board by rule shall establish the grounds for conducting an |
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inspection under this subsection, including grounds based on: |
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(1) the population of patients served by the clinic or |
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facility; |
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(2) the volume or combination of drugs prescribed to |
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patients served by the clinic or facility; and |
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(3) any other criteria the board considers sufficient |
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to require an inspection of the clinic or facility. |
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SECTION 5. Section 168.201, Occupations Code, is amended by |
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adding Subsection (a-1) to read as follows: |
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(a-1) For the purposes of this section, inappropriate |
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prescribing includes nontherapeutic prescribing or other conduct |
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as specified by board rule. |
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SECTION 6. This Act takes effect September 1, 2017. |