By: Hinojosa, et al.  S.B. No. 315          (In the Senate - Filed March 7, 2017; March 9, 2017, read   first time and referred to Committee on Health & Human Services;   May 8, 2017, reported adversely, with favorable Committee   Substitute by the following vote:  Yeas 9, Nays 0; May 8, 2017,   sent to printer.)Click here to see the committee vote     COMMITTEE SUBSTITUTE FOR S.B. No. 315 By:  Uresti     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 Subsections (e) and (f) 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.          (f)  On finding that good cause exists for issuing the   subpoena, the court shall order the person to comply with the   subpoena.          SECTION 3.  Subchapter A, Chapter 168, Occupations Code, is   amended by adding Section 168.003 to read as follows:          Sec. 168.003.  LEGISLATIVE FINDING. 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 board closely regulating the   prescribing of opioids and other controlled substances by   physicians and their delegates. Accordingly, the legislature finds   that inspections and investigations conducted by the board,   including the board'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.  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 5.  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 6.  This Act takes effect September 1, 2017.     * * * * *