Bill Text: FL H0671 | 2010 | Regular Session | Introduced

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Bill Title: Pain-Management Clinics

Spectrum: Moderate Partisan Bill (Democrat 8-1)

Status: (Failed) 2010-04-30 - Died in Committee on Health Care Regulation Policy (HFPC), companion bill(s) passed, see CS/CS/SB 2272 (Ch. 2010-211) [H0671 Detail]

Download: Florida-2010-H0671-Introduced.html

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HB 671

1	A bill to be entitled
2	An act relating to pain-management clinics; amending ss.
3	458.309 and 459.005, F.S.; deleting provisions related to
4	pain-management clinics; creating ss. 458.3265 and
5	459.0137, F.S.; requiring privately owned pain-management
6	clinics to be registered with the Department of Health by
7	a specified date; prohibiting a physician from practicing
8	in a pain-management clinic that is not registered with
9	the department; requiring that the Department of Health
10	refuse to issue a certificate of registration to or revoke
11	the registration of certain pain-management clinics that
12	are owned, directly or indirectly, by a person who has
13	been convicted of a felony; defining the term "convicted"
14	for purposes of this provision; designating persons who
15	are responsible for registering a clinic; providing
16	requirements for a physician who registers a clinic;
17	requiring the department to annually inspect a registered
18	clinic; providing for the automatic expiration of a
19	registration; requiring payment of costs for registration
20	and inspection or accreditation; requiring the Board of
21	Medicine and the Board of Osteopathic Medicine to adopt
22	rules setting forth standards of practice in privately
23	owned pain-management clinics; providing criteria for
24	physicians that practice pain-management; defining the
25	term "chronic nonmalignant pain"; providing that certain
26	pain-management clinics are exempt from registration
27	requirements under certain conditions; defining the term
28	"parties affiliated with a pain-management clinic";
29	providing requirements for registering a pain-management
30	clinic; requiring the Department of Health to submit
31	fingerprints of an applicant for initial registration or
32	renewal of a registration to the Department of Law
33	Enforcement and the Federal Bureau of Investigation for a
34	criminal record check; providing that applicants are not
35	required to submit a set of fingerprints to the Department
36	of Health for a criminal record check under certain
37	conditions; providing an effective date.
38
39	Be It Enacted by the Legislature of the State of Florida:
40
41	Section 1. Section 458.309, Florida Statutes, is amended
42	to read:
43	458.309 Rulemaking authority.-
44	(1) The board may has authority to adopt rules pursuant to
45	ss. 120.536(1) and 120.54 to implement the provisions of this
46	chapter conferring duties upon it.
47	(2)(a) Any rules which the board adopts relating to the
48	classroom phase of medical education shall not apply to any
49	person who is enrolled in the classroom phase of medical
50	education or has graduated prior to or at the time the rule
51	becomes effective, so long as such person does not interrupt his
52	or her medical education.
53	(b)1. Any rules which the board adopts relating to the
54	clinical clerkship phase of medical education shall not apply to
55	any person who is enrolled in the clinical clerkship phase of
56	medical education prior to or at the time the rule becomes
57	effective, so long as such person does not interrupt his or her
58	medical education.
59	2. Rules adopted by the Florida Board of Medical Examiners
60	prior to October 1, 1986, and relating to clinical clerkships
61	for graduates of foreign medical schools do not apply to any
62	such graduate who:
63	a. Had completed a clinical clerkship prior to the
64	effective date of the rule; or
65	b. Had begun a clinical clerkship but had not completed
66	the clinical clerkship prior to the effective date of the rule,
67	so long as the clinical clerkship took no longer than 3 years to
68	complete.
69	(c) Any rules which the board adopts relating to residency
70	shall not apply to any person who has begun his or her residency
71	prior to or at the time the rule becomes effective, so long as
72	such person does not interrupt the residency.
73	(3) All physicians who perform level 2 procedures lasting
74	more than 5 minutes and all level 3 surgical procedures in an
75	office setting must register the office with the department
76	unless that office is licensed as a facility pursuant to chapter
77	395. The department shall inspect the physician's office
78	annually unless the office is accredited by a nationally
79	recognized accrediting agency or an accrediting organization
80	subsequently approved by the Board of Medicine. The actual costs
81	for registration and inspection or accreditation shall be paid
82	by the person seeking to register and operate the office setting
83	in which office surgery is performed.
84	(4) All privately owned pain-management clinics,
85	facilities, or offices, hereinafter referred to as "clinics,"
86	which advertise in any medium for any type of pain-management
87	services, or employ a physician who is primarily engaged in the
88	treatment of pain by prescribing or dispensing controlled
89	substance medications, must register with the department by
90	January 4, 2010, unless that clinic is licensed as a facility
91	pursuant to chapter 395. A physician may not practice medicine
92	in a pain-management clinic that is required to but has not
93	registered with the department. Each clinic location shall be
94	registered separately regardless of whether the clinic is
95	operated under the same business name or management as another
96	clinic. If the clinic is licensed as a health care clinic under
97	chapter 400, the medical director is responsible for registering
98	the facility with the department. If the clinic is not
99	registered pursuant to chapter 395 or chapter 400, the clinic
100	shall, upon registration with the department, designate a
101	physician who is responsible for complying with all requirements
102	related to registration of the clinic. The designated physician
103	shall be licensed under this chapter or chapter 459 and shall
104	practice at the office location for which the physician has
105	assumed responsibility. The department shall inspect the clinic
106	annually to ensure that it complies with rules of the Board of
107	Medicine adopted pursuant to this subsection and subsection (5)
108	unless the office is accredited by a nationally recognized
109	accrediting agency approved by the Board of Medicine. The actual
110	costs for registration and inspection or accreditation shall be
111	paid by the physician seeking to register the clinic.
112	(5) The Board of Medicine shall adopt rules setting forth
113	standards of practice for physicians practicing in privately
114	owned pain-management clinics that primarily engage in the
115	treatment of pain by prescribing or dispensing controlled
116	substance medications. Such rules shall address, but need not be
117	limited to, the following subjects:
118	(a) Facility operations;
119	(b) Physical operations;
120	(c) Infection control requirements;
121	(d) Health and safety requirements;
122	(e) Quality assurance requirements;
123	(f) Patient records;
124	(g) Training requirements for all facility health care
125	practitioners who are not regulated by another board;
126	(h) Inspections; and
127	(i) Data collection and reporting requirements.
128
129	A physician is primarily engaged in the treatment of pain by
130	prescribing or dispensing controlled substance medications when
131	the majority of the patients seen are prescribed or dispensed
132	controlled substance medications for the treatment of chronic
133	nonmalignant pain. Chronic nonmalignant pain is pain unrelated
134	to cancer which persists beyond the usual course of the disease
135	or the injury that is the cause of the pain or more than 90 days
136	after surgery.
137	(6) A privately owned clinic, facility, or office that
138	advertises in any medium for any type of pain-management
139	services or employs one or more physicians who are primarily
140	engaged in the treatment of pain by prescribing or dispensing
141	controlled substances is exempt from the registration provisions
142	in subsection (4) if the majority of the physicians who provide
143	services in the clinic, facility, or office primarily provide
144	surgical services.
145	Section 2. Section 459.005, Florida Statutes, is amended
146	to read:
147	459.005 Rulemaking authority.-
148	(1) The board may has authority to adopt rules pursuant to
149	ss. 120.536(1) and 120.54 to implement the provisions of this
150	chapter conferring duties upon it.
151	(2) All physicians who perform level 2 procedures lasting
152	more than 5 minutes and all level 3 surgical procedures in an
153	office setting must register the office with the department
154	unless that office is licensed as a facility pursuant to chapter
155	395. The department shall inspect the physician's office
156	annually unless the office is accredited by a nationally
157	recognized accrediting agency or an accrediting organization
158	subsequently approved by the Board of Osteopathic Medicine. The
159	actual costs for registration and inspection or accreditation
160	shall be paid by the person seeking to register and operate the
161	office setting in which office surgery is performed.
162	(3) All privately owned pain-management clinics,
163	facilities, or offices, hereinafter referred to as "clinics,"
164	which advertise in any medium for any type of pain-management
165	services, or employ a physician who is licensed under this
166	chapter and who is primarily engaged in the treatment of pain by
167	prescribing or dispensing controlled substance medications, must
168	register with the department by January 4, 2010, unless that
169	clinic is licensed as a facility under chapter 395. A physician
170	may not practice osteopathic medicine in a pain-management
171	clinic that is required to but has not registered with the
172	department. Each clinic location shall be registered separately
173	regardless of whether the clinic is operated under the same
174	business name or management as another clinic. If the clinic is
175	licensed as a health care clinic under chapter 400, the medical
176	director is responsible for registering the facility with the
177	department. If the clinic is not registered under chapter 395 or
178	chapter 400, the clinic shall, upon registration with the
179	department, designate a physician who is responsible for
180	complying with all requirements related to registration of the
181	clinic. The designated physician shall be licensed under chapter
182	458 or this chapter and shall practice at the office location
183	for which the physician has assumed responsibility. The
184	department shall inspect the clinic annually to ensure that it
185	complies with rules of the Board of Osteopathic Medicine adopted
186	pursuant to this subsection and subsection (4) unless the office
187	is accredited by a nationally recognized accrediting agency
188	approved by the Board of Osteopathic Medicine. The actual costs
189	for registration and inspection or accreditation shall be paid
190	by the physician seeking to register the clinic.
191	(4) The Board of Osteopathic Medicine shall adopt rules
192	setting forth standards of practice for physicians who practice
193	in privately owned pain-management clinics that primarily engage
194	in the treatment of pain by prescribing or dispensing controlled
195	substance medications. Such rules shall address, but need not be
196	limited to, the following subjects:
197	(a) Facility operations;
198	(b) Physical operations;
199	(c) Infection control requirements;
200	(d) Health and safety requirements;
201	(e) Quality assurance requirements;
202	(f) Patient records;
203	(g) Training requirements for all facility health care
204	practitioners who are not regulated by another board;
205	(h) Inspections; and
206	(i) Data collection and reporting requirements.
207
208	A physician is primarily engaged in the treatment of pain by
209	prescribing or dispensing controlled substance medications when
210	the majority of the patients seen are prescribed or dispensed
211	controlled substance medications for the treatment of chronic
212	nonmalignant pain. Chronic nonmalignant pain is pain unrelated
213	to cancer which persists beyond the usual course of the disease
214	or the injury that is the cause of the pain or more than 90 days
215	after surgery.
216	(5) A privately owned clinic, facility, or office that
217	advertises in any medium for any type of pain-management
218	services or employs one or more physicians who are primarily
219	engaged in the treatment of pain by prescribing or dispensing
220	controlled substances is exempt from the registration provisions
221	in subsection (3) if the majority of the physicians who provide
222	services in the clinic, facility, or office primarily provide
223	surgical services.
224	Section 3. Section 458.3265, Florida Statutes, is created
225	to read:
226	458.3265 Pain-management clinics.-
227	(1) With the exception of facilities licensed under
228	chapter 395, all privately owned pain-management clinics,
229	facilities, or offices that are primarily engaged in the
230	treatment of pain by prescribing or dispensing controlled
231	substance medications, referred to as "clinics" in this section,
232	and advertise in any medium for any type of pain-management
233	services, or that employ a physician who is primarily engaged in
234	the treatment of pain by prescribing or dispensing controlled
235	substance medications, must register with the department by
236	January 4, 2010. A physician may not practice medicine in a
237	pain-management clinic that is not registered with the
238	department as required in this section. If the department finds
239	that a privately owned pain-management clinic is owned, directly
240	or indirectly, by a person who has been convicted of any felony
241	in this state or any other state or the United States, the
242	department shall refuse to issue a certificate of registration
243	to the clinic or shall revoke a certificate of registration
244	previously issued by the department. As used in this subsection,
245	the term "convicted" includes an adjudication of guilt on a plea
246	of guilty or nolo contendere, or the forfeiture of a bond when
247	charged with a crime. Each clinic location shall be registered
248	separately regardless of whether the clinic is operated under
249	the same business name or management as another clinic. If the
250	clinic is licensed as a health care clinic under chapter 400,
251	the medical director is responsible for registering the facility
252	with the department. If the clinic is not registered pursuant to
253	chapter 395 or chapter 400, the clinic shall, upon registration
254	with the department, designate a physician who is responsible
255	for complying with all requirements related to registration of
256	the clinic. The designated physician shall be licensed under
257	this chapter or chapter 459 and shall practice at the office
258	location for which the physician has assumed responsibility. The
259	department shall inspect the clinic annually to ensure that it
260	complies with rules of the board adopted pursuant to this
261	subsection and subsection (2) unless the clinic is accredited by
262	a nationally recognized accrediting agency approved by the
263	board. Registration under this section automatically expires
264	after 2 years without further action by the board or the
265	department unless an application for renewal is approved by the
266	board. The actual costs for registration and inspection or
267	accreditation shall be paid by the physician seeking to register
268	the clinic.
269	(2) The board shall adopt rules setting forth standards of
270	practice for physicians practicing in privately owned pain-
271	management clinics that primarily engage in the treatment of
272	pain by prescribing or dispensing controlled substance
273	medications. Such rules shall address, but need not be limited
274	to, the following:
275	(a) Facility operations;
276	(b) Physical operations;
277	(c) Infection control requirements;
278	(d) Health and safety requirements;
279	(e) Quality assurance requirements;
280	(f) Patient records;
281	(g) Training requirements for all facility health care
282	practitioners who are not regulated by another board;
283	(h) Inspections; and
284	(i) Data collection and reporting requirements.
285
286	A physician is primarily engaged in the treatment of pain by
287	prescribing or dispensing controlled substance medications when
288	the majority of the patients seen are prescribed or dispensed
289	controlled substance medications for the treatment of chronic
290	nonmalignant pain. Chronic nonmalignant pain is pain unrelated
291	to cancer which persists beyond the usual course of the disease
292	or the injury that is the cause of the pain or more than 90 days
293	after surgery.
294	(3) A privately owned clinic, facility, or office that is
295	primarily engaged in the treatment of pain by prescribing or
296	dispensing controlled substance medications and advertises in
297	any medium for any type of pain-management services, or that
298	employs one or more physicians who are primarily engaged in the
299	treatment of pain by prescribing or dispensing controlled
300	substance medications, is exempt from the registration
301	provisions in subsection (1) if the majority of the physicians
302	who provide services in the clinic, facility, or office
303	primarily provide surgical services.
304	(4) As used in this section, the term "parties affiliated
305	with a pain-management clinic" means:
306	(a) A director, officer, trustee, partner, or committee
307	member of a pain-management clinic or applicant or a subsidiary
308	or service corporation of the pain-management clinic or
309	applicant; or
310	(b) A person who, directly or indirectly, manages,
311	controls, or oversees the operation of a pain-management clinic
312	or applicant, regardless of whether the person is a partner,
313	shareholder, manager, member, officer, director, independent
314	contractor, or employee of the pain-management clinic or
315	applicant.
316	(5) An application for initial or renewal registration of
317	a pain-management clinic submitted to the department must
318	include:
319	(a) The name, full business address, and telephone number
320	of the applicant.
321	(b) All trade or business names used by the applicant.
322	(c) The address, telephone numbers, and names of contact
323	persons for each facility used by the applicant for the
324	prescribing or dispensing of controlled substance medications in
325	the treatment of pain.
326	(d) The type of ownership or operation, such as a
327	partnership, corporation, or sole proprietorship.
328	(e) The names of the owner and the operator of the pain-
329	management clinic, including:
330	1. If an individual, the name of the individual.
331	2. If a partnership, the name of each partner and the name
332	of the partnership.
333	3. If a corporation:
334	a. The name, address, and title of each corporate officer
335	and director.
336	b. The name and address of the corporation and the
337	resident agent of the corporation, the resident agent's address,
338	and the corporation's state of incorporation.
339	c. The name and address of each shareholder of the
340	corporation that owns 5 percent or more of the outstanding stock
341	of the corporation.
342	4. If a sole proprietorship, the full name of the sole
343	proprietor and the name of the business entity.
344	5. If a limited liability company:
345	a. The name and address of each member.
346	b. The name and address of each manager.
347	c. The name and address of the limited liability company,
348	the resident agent of the limited liability company, and the
349	name of the state in which the limited liability company was
350	organized.
351	(f) The tax year of the applicant.
352	(g) A copy of the deed for the property on which the
353	applicant's pain-management clinic is located, if the clinic is
354	owned by the applicant, or a copy of the applicant's lease for
355	the property on which the applicant's pain-management clinic is
356	located, which must have an original term of not less than 1
357	calendar year, if the pain-management clinic is not owned by the
358	applicant.
359	(h) A list of all licenses and permits issued to the
360	applicant by any other state which authorize the applicant to
361	purchase or possess prescription drugs.
362	(i) The name of the manager of the pain-management clinic
363	that is applying for the initial or renewal registration, the
364	next four highest ranking employees responsible for operations
365	of the pain-management clinic, the name of all parties
366	affiliated with the pain-management clinic, and the personal
367	information statement and fingerprints required under subsection
368	(6) for each of these persons.
369	(6)(a) Each person required by paragraph (5)(i) to provide
370	a personal information statement and fingerprints shall provide
371	the following information to the department on forms prescribed
372	by the department:
373	1. The person's places of residence for the past 7 years.
374	2. The person's date and place of birth.
375	3. The person's occupations, positions of employment, and
376	offices held during the past 7 years.
377	4. The principal business and address of any business,
378	corporation, or other organization in which the person:
379	a. Held an office during the past 7 years; or
380	b. Had an occupation or position of employment during the
381	past 7 years.
382	5. Whether the person has been, during the past 7 years,
383	the subject of any proceeding for the revocation of any license
384	and, if so, the nature of the proceeding and the disposition of
385	the proceeding.
386	6. Whether, during the past 7 years, the person has been
387	enjoined, temporarily or permanently, by a court of competent
388	jurisdiction from violating any federal or state law regulating
389	the possession, control, or distribution of prescription drugs,
390	together with details concerning any such event.
391	7. A description of any involvement by the person during
392	the past 7 years, including any investments, other than the
393	ownership of stock in a publicly traded company or mutual fund,
394	with any business that manufactured, administered, prescribed,
395	distributed, or stored pharmaceutical products and any lawsuits
396	in which the businesses were named as a party.
397	8. A description of any felony criminal offense of which
398	the person, as an adult, was found guilty, regardless of whether
399	adjudication of guilt was withheld or whether the person pled
400	guilty or nolo contendere. A criminal offense committed in
401	another jurisdiction which would have been a felony in this
402	state must be reported. If the person indicates that a criminal
403	conviction is under appeal and submits a copy of the notice of
404	appeal of that criminal offense, the applicant shall, within 15
405	days after the disposition of the appeal, submit to the
406	department a copy of the final written order of disposition.
407	9. A photograph of the person taken in the previous 30
408	days.
409	10. A set of fingerprints for the person on a form and
410	under procedures specified by the department and payment of an
411	amount equal to the costs incurred by the department for the
412	criminal record check of the person.
413	11. The name, address, occupation, and date and place of
414	birth for each member of the person's immediate family who is 18
415	years of age or older. As used in this subparagraph, the term
416	"member of the person's immediate family" includes the person's
417	spouse, children, parents, siblings, the spouses of the person's
418	children, and the spouses of the person's siblings.
419	12. Any other relevant information that the department
420	requires.
421	(b) The information required under paragraph (a) shall be
422	provided under oath.
423	(c)1. The department shall submit the fingerprints
424	provided with an application for initial registration to the
425	Department of Law Enforcement for a statewide criminal record
426	check and for forwarding to the Federal Bureau of Investigation
427	for a national criminal record check.
428	2. For the initial renewal of a registration on or after
429	January 1, 2010, the department shall submit the fingerprints
430	provided as a part of a renewal application to the Department of
431	Law Enforcement for a statewide criminal record check, and for
432	forwarding to the Federal Bureau of Investigation for a national
433	criminal record check. For any subsequent renewal of a
434	registration, the department shall submit the required
435	information for a statewide and national criminal record check.
436	3. Any person who submits to the department a set of
437	fingerprints for a criminal record check is not required to
438	provide a subsequent set of fingerprints for a criminal record
439	check if the person has undergone a criminal record check as a
440	condition of the issuance of an initial registration or the
441	initial renewal of a registration on or after January 1, 2010.
442	Section 4. Section 459.0137, Florida Statutes, is created
443	to read:
444	459.0137 Pain-management clinics.-
445	(1) With the exception of facilities licensed under
446	chapter 395, all privately owned pain-management clinics,
447	facilities, or offices that are primarily engaged in the
448	treatment of pain by prescribing or dispensing controlled
449	substance medications, referred to as "clinics" in this section,
450	and advertise in any medium for any type of pain-management
451	services, or that employ a physician who is licensed under this
452	chapter and who is primarily engaged in the treatment of pain by
453	prescribing or dispensing controlled substance medications, must
454	register with the department by January 4, 2010. A physician may
455	not practice osteopathic medicine in a pain-management clinic
456	that is not registered with the department as required in this
457	section. If the department finds that a privately owned pain-
458	management clinic is owned, directly or indirectly, by a person
459	who has been convicted of any felony in this state or any other
460	state or the United States, the department shall refuse to issue
461	a certificate of registration to the clinic or shall revoke a
462	certificate of registration previously issued by the department.
463	As used in this subsection, the term "convicted" includes an
464	adjudication of guilt on a plea of guilty or nolo contendere or
465	the forfeiture of a bond when charged with a crime. Each clinic
466	location shall be registered separately regardless of whether
467	the clinic is operated under the same business name or
468	management as another clinic. If the clinic is licensed as a
469	health care clinic under chapter 400, the medical director is
470	responsible for registering the facility with the department. If
471	the clinic is not registered under chapter 395 or chapter 400,
472	the clinic shall, upon registration with the department,
473	designate a physician who is responsible for complying with all
474	requirements related to registration of the clinic. The
475	designated physician shall be licensed under chapter 458 or this
476	chapter and shall practice at the office location for which the
477	physician has assumed responsibility. The department shall
478	inspect the clinic annually to ensure that it complies with
479	rules of the board of adopted pursuant to this subsection and
480	subsection (2) unless the clinic is accredited by a nationally
481	recognized accrediting agency approved by the board.
482	Registration under this section automatically expires after 2
483	years without further action by the board or the department
484	unless an application for renewal is approved by the board. The
485	actual costs for registration and inspection or accreditation
486	shall be paid by the physician seeking to register the clinic.
487	(2) The board shall adopt rules setting forth standards of
488	practice for physicians who practice in privately owned pain-
489	management clinics that primarily engage in the treatment of
490	pain by prescribing or dispensing controlled substance
491	medications. Such rules shall address, but need not be limited
492	to, the following:
493	(a) Facility operations;
494	(b) Physical operations;
495	(c) Infection control requirements;
496	(d) Health and safety requirements;
497	(e) Quality assurance requirements;
498	(f) Patient records;
499	(g) Training requirements for all facility health care
500	practitioners who are not regulated by another board;
501	(h) Inspections; and
502	(i) Data collection and reporting requirements.
503
504	A physician is primarily engaged in the treatment of pain by
505	prescribing or dispensing controlled substance medications when
506	the majority of the patients seen are prescribed or dispensed
507	controlled substance medications for the treatment of chronic
508	nonmalignant pain. Chronic nonmalignant pain is pain unrelated
509	to cancer which persists beyond the usual course of the disease
510	or the injury that is the cause of the pain or more than 90 days
511	after surgery.
512	(3) A privately owned clinic, facility, or office that is
513	primarily engaged in the treatment of pain by prescribing or
514	dispensing controlled substance medications and advertises in
515	any medium for any type of pain-management services, or that
516	employs one or more physicians who are primarily engaged in the
517	treatment of pain by prescribing or dispensing controlled
518	substance medications, is exempt from the registration
519	provisions in subsection (1) if the majority of the physicians
520	who provide services in the clinic, facility, or office
521	primarily provide surgical services.
522	(4) As used in this section, the term "parties affiliated
523	with a pain-management clinic" means:
524	(a) A director, officer, trustee, partner, or committee
525	member of a pain-management clinic or applicant, or a subsidiary
526	or service corporation of the pain-management clinic or
527	applicant;
528	(b) A person who, directly or indirectly, manages,
529	controls, or oversees the operation of a pain-management clinic
530	or applicant, regardless of whether the person is a partner,
531	shareholder, manager, member, officer, director, independent
532	contractor, or employee of the pain-management clinic or
533	applicant.
534	(5) An application for initial or renewal registration as
535	a pain-management clinic submitted to the department must
536	include:
537	(a) The name, full business address, and telephone number
538	of the applicant.
539	(b) All trade or business names used by the applicant.
540	(c) The address, telephone numbers, and names of contact
541	persons for each facility used by the applicant for the
542	prescribing or dispensing of controlled substance medications in
543	the treatment of pain.
544	(d) The type of ownership or operation, such as a
545	partnership, corporation, or sole proprietorship.
546	(e) The names of the owner and the operator of the pain-
547	management clinic, including:
548	1. If an individual, the name of the individual.
549	2. If a partnership, the name of each partner and the name
550	of the partnership.
551	3. If a corporation:
552	a. The name, address, and title of each corporate officer
553	and director.
554	b. The name and address of the corporation and the
555	resident agent of the corporation, the resident agent's address,
556	and the corporation's state of incorporation.
557	c. The name and address of each shareholder of the
558	corporation that owns 5 percent or more of the outstanding stock
559	of the corporation.
560	4. If a sole proprietorship, the full name of the sole
561	proprietor and the name of the business entity.
562	5. If a limited liability company:
563	a. The name and address of each member.
564	b. The name and address of each manager.
565	c. The name and address of the limited liability company,
566	the resident agent of the limited liability company, and the
567	name of the state in which the limited liability company was
568	organized.
569	(f) The tax year of the applicant.
570	(g) A copy of the deed for the property on which the
571	applicant's pain-management clinic is located, if the clinic is
572	owned by the applicant, or a copy of the applicant's lease for
573	the property on which the applicant's pain-management clinic is
574	located, which must have an original term of not less than 1
575	calendar year, if the pain-management clinic is not owned by the
576	applicant.
577	(h) A list of all licenses and permits issued to the
578	applicant by any other state which authorize the applicant to
579	purchase or possess prescription drugs.
580	(i) The name of the manager of the pain-management clinic
581	that is applying for the initial or renewal registration, the
582	next four highest ranking employees responsible for operations
583	of the pain-management clinic, and the name of all parties
584	affiliated with the pain-management clinic, and the personal
585	information statement and fingerprints required under subsection
586	(6) for each of these persons.
587	(6)(a) Each person required by paragraph (5)(i) to provide
588	a personal information statement and fingerprints must provide
589	the following information to the department on forms prescribed
590	by the department:
591	1. The person's places of residence for the past 7 years.
592	2. The person's date and place of birth.
593	3. The person's occupations, positions of employment, and
594	offices held during the past 7 years.
595	4. The principal business and address of any business,
596	corporation, or other organization in which the person:
597	a. Held an office during the past 7 years; or
598	b. Had an occupation or position of employment during the
599	past 7 years.
600	5. Whether the person has been, during the past 7 years,
601	the subject of any proceeding for the revocation of any license
602	and, if so, the nature of the proceeding and the disposition of
603	the proceeding.
604	6. Whether, during the past 7 years, the person has been
605	temporarily or permanently enjoined by a court of competent
606	jurisdiction from violating any federal or state law regulating
607	the possession, control, or distribution of prescription drugs,
608	together with details concerning any such event.
609	7. A description of any involvement by the person during
610	the past 7 years, including any investments, other than the
611	ownership of stock in a publicly traded company or mutual fund,
612	with any business that manufactured, administered, prescribed,
613	distributed, or stored pharmaceutical products and any lawsuits
614	in which the businesses were named as a party.
615	8. A description of any felony criminal offense of which
616	the person, as an adult, was found guilty, regardless of whether
617	adjudication of guilt was withheld or whether the person pled
618	guilty or nolo contendere. A criminal offense committed in
619	another jurisdiction which would have been a felony in this
620	state must be reported. If the person indicates that a criminal
621	conviction is under appeal and submits a copy of the notice of
622	appeal of that criminal offense, the applicant must, within 15
623	days after the disposition of the appeal, submit to the
624	department a copy of the final written order of disposition.
625	9. A photograph of the person taken in the previous 30
626	days.
627	10. A set of fingerprints for the person on a form and
628	under procedures specified by the department, together with
629	payment of an amount equal to the costs incurred by the
630	department for the criminal record check of the person.
631	11. The name, address, occupation, and date and place of
632	birth for each member of the person's immediate family who is 18
633	years of age or older. As used in this subparagraph, the term
634	"member of the person's immediate family" includes the person's
635	spouse, children, parents, siblings, the spouses of the person's
636	children, and the spouses of the person's siblings.
637	12. Any other relevant information that the department
638	requires.
639	(b) The information required under paragraph (a) shall be
640	provided under oath.
641	(c)1. The department shall submit the fingerprints
642	provided with an application for initial registration to the
643	Department of Law Enforcement for a statewide criminal record
644	check and for forwarding to the Federal Bureau of Investigation
645	for a national criminal record check.
646	2. For the initial renewal of a registration on or after
647	January 1, 2010, the department shall submit the fingerprints
648	provided as a part of a renewal application to the Department of
649	Law Enforcement for a statewide criminal record check, and for
650	forwarding to the Federal Bureau of Investigation for a national
651	criminal record check. For any subsequent renewal of a permit,
652	the department shall submit the required information for a
653	statewide and national criminal record check.
654	3. Any person who submits to the department a set of
655	fingerprints for a criminal record check is not required to
656	provide a subsequent set of fingerprints for a criminal record
657	check if the person has undergone a criminal record check as a
658	condition of the issuance of an initial registration or the
659	initial renewal of a registration on or after January 1, 2010.
660	Section 5. This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.