Bill Text: TX HB3960 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the enforcement of subpoenas and the regulation of pain management clinics by the Texas Medical Board.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-04-03 - Referred to Public Health [HB3960 Detail]
Download: Texas-2017-HB3960-Introduced.html
| 85R11743 BEE-D | ||
| By: Gonzales of Williamson | H.B. No. 3960 | |
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| 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. | ||
