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.