S.B. No. 315         AN ACT   relating to the enforcement of subpoenas, the regulation of pain   management clinics, and the adoption of guidelines for prescribing   certain opioids 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.  Subtitle B, Title 3, Occupations Code, is   amended by adding Chapter 170 to read as follows:   CHAPTER 170. PRESCRIPTION OF OPIOID ANTAGONISTS          Sec. 170.001.  DEFINITIONS. In this chapter, "opioid   antagonist" and "opioid-related drug overdose" have the meanings   assigned by Section 483.101, Health and Safety Code.          Sec. 170.002.  GUIDELINES. (a)  The board shall adopt   guidelines for the prescription of opioid antagonists.          (b)  The guidelines must address:                (1)  prescribing an opioid antagonist to a patient to   whom an opioid medication is also prescribed; and                (2)  identifying patients at risk of an opioid-related   drug overdose and prescribing an opioid antagonist to that patient   or to a person in a position to administer the opioid antagonist to   that patient.          (c)  In adopting guidelines under this section, the board:                (1)  shall consult materials published by the Substance   Abuse and Mental Health Services Administration of the United   States Department of Health and Human Services; and                (2)  may consult other appropriate materials,   including medical journals subject to peer review and publications   by medical professional associations.          Sec. 170.003.  LIABILITY FOR ACT OR OMISSION WITH RESPECT TO   PRESCRIBING AN OPIOID ANTAGONIST. A physician who acts in good   faith and with reasonable care, regardless of whether the physician   follows the guidelines adopted under this chapter, is not subject   to criminal or civil liability or any professional disciplinary   action for:                (1)  prescribing or failing to prescribe an opioid   antagonist; or                (2)  any outcome resulting from the eventual   administration of an opioid antagonist prescribed by the physician.          SECTION 7.  The change in law made by this Act relating to   Chapter 170, Occupations Code, as added by this Act, and to conduct   that is grounds for imposition of a disciplinary sanction applies   only to conduct that occurs on or after September 1, 2017. Conduct   that occurs before September 1, 2017, is governed by the law in   effect on the date the conduct occurred, and the former law is   continued in effect for that purpose.          SECTION 8.  The change in law made by this Act relating to   Chapter 170, Occupations Code, as added by this Act, and to conduct   that is the basis for civil liability applies only to conduct that   occurs on or after September 1, 2017. Conduct that occurs before   September 1, 2017, is governed by the law in effect on the date the   conduct occurred, and the former law is continued in effect for that   purpose.          SECTION 9.  The change in law made by this Act relating to   Chapter 170, Occupations Code, as added by this Act, and to conduct   that constitutes a criminal offense applies only to an offense   committed on or after September 1, 2017. For purposes of this   section, an offense is committed before September 1, 2017, if any   element of the offense occurs before that date. An offense   committed before September 1, 2017, is governed by the law in effect   on the date the offense was committed, and the former law is   continued in effect for that purpose.          SECTION 10.  This Act takes effect September 1, 2017.             ______________________________ ______________________________      President of the Senate Speaker of the House                 I hereby certify that S.B. No. 315 passed the Senate on   May 10, 2017, by the following vote: Yeas 30, Nays 0; and that the   Senate concurred in House amendment on May 26, 2017, by the   following vote: Yeas 31, Nays 0.       ______________________________   Secretary of the Senate                I hereby certify that S.B. No. 315 passed the House, with   amendment, on May 23, 2017, by the following vote: Yeas 129,   Nays 16, two present not voting.       ______________________________   Chief Clerk of the House            Approved:     ______________________________                Date       ______________________________              Governor