Bill Text: FL S0646 | 2010 | Regular Session | Introduced

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Bill Title: Pain-management Clinics [SPSC]

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Health Regulation, companion bill(s) passed, see CS/CS/SB 2272 (Ch. 2010-211) [S0646 Detail]

Download: Florida-2010-S0646-Introduced.html

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Florida Senate - 2010                                     SB 646 
 
By Senator Aronberg 
27-00656B-10                                           2010646__ 
1                        A bill to be entitled 
2         An act relating to pain-management clinics; amending 
3         ss. 458.309 and 459.005, F.S.; prohibiting a person 
4         from owning or operating a pain-management clinic 
5         unless he or she is a physician licensed in this 
6         state; requiring a physician’s license to be clear and 
7         active to own or operate a pain-management clinic; 
8         providing that a pain-management clinic may not be 
9         owned by or employ a physician who has been 
10         disciplined by the Board of Medicine or the Board of 
11         Osteopathic Medicine for dependency on drugs or 
12         alcohol; providing that a pain-management clinic may 
13         not be owned by or employ a person who has been 
14         convicted of or who has pled guilty or nolo contendere 
15         to a felony; defining the term “controlled substance”; 
16         prohibiting a person from prescribing or dispensing 
17         any medication on the premises of a pain-management 
18         clinic unless he or she is a physician licensed under 
19         ch. 458 or ch. 459, F.S.; providing an exception for a 
20         pharmacist licensed under ch. 465, F.S., to dispense 
21         medications on the premises of a pain-management 
22         clinic; providing an effective date. 
23 
24  Be It Enacted by the Legislature of the State of Florida: 
25 
26         Section 1. Subsections (4) and (5) of section 458.309, 
27  Florida Statutes, are amended to read: 
28         458.309 Rulemaking authority.— 
29         (4)(a) All privately owned pain-management clinics, 
30  facilities, or offices, hereinafter referred to as “clinics,” 
31  which advertise in any medium for any type of pain-management 
32  services, or employ a physician who is primarily engaged in the 
33  treatment of pain by prescribing or dispensing controlled 
34  substances substance medications, must register with the 
35  department by January 4, 2010, unless that clinic is licensed as 
36  a facility pursuant to chapter 395. A person may not own or 
37  operate a pain-management clinic in this state unless he or she 
38  is a physician licensed under this chapter or chapter 459. The 
39  status of the physician’s license must be clear and active 
40  according to the Division of Medical Quality Assurance within 
41  the Department of Health in order to own or operate a pain 
42  management clinic. A physician may not practice medicine in a 
43  pain-management clinic that is required to but has not 
44  registered with the department. Each clinic location shall be 
45  registered separately regardless of whether the clinic is 
46  operated under the same business name or management as another 
47  clinic. If the clinic is licensed as a health care clinic under 
48  chapter 400, the medical director is responsible for registering 
49  the facility with the department. If the clinic is not 
50  registered pursuant to chapter 395 or chapter 400, the clinic 
51  shall, upon registration with the department, designate a 
52  physician who is responsible for complying with all requirements 
53  related to registration of the clinic. The designated physician 
54  shall be licensed under this chapter or chapter 459 and shall 
55  practice at the office location for which the physician has 
56  assumed responsibility. The department shall inspect the clinic 
57  annually to ensure that it complies with rules of the Board of 
58  Medicine adopted pursuant to this subsection and subsection (5) 
59  unless the office is accredited by a nationally recognized 
60  accrediting agency approved by the Board of Medicine. The actual 
61  costs for registration and inspection or accreditation shall be 
62  paid by the physician seeking to register the clinic. 
63         (b) A pain-management clinic may not be owned, either in 
64  whole or in part, by or have any contractual relationship, 
65  whether through employment or by independent contract, with: 
66         1. A physician who during the course of his or her practice 
67  has been denied the privilege of prescribing, dispensing, 
68  administering, supplying, or selling any controlled substance 
69  and who has, during the course of his or her practice, had the 
70  board take disciplinary action against his or her medical 
71  license as a result of dependency on drugs or alcohol. 
72         2. A person who has been convicted of or who has pled 
73  guilty or nolo contendere, regardless of whether adjudication 
74  was withheld, to an offense that constitutes a felony. 
75 
76  As used in this section, the term “controlled substance” means a 
77  controlled substance listed in Schedule II, Schedule III, or 
78  Schedule IV in s. 893.03. 
79         (5) The Board of Medicine shall adopt rules setting forth 
80  standards of practice for physicians practicing in privately 
81  owned pain-management clinics that primarily engage in the 
82  treatment of pain by prescribing or dispensing controlled 
83  substance medications. Such rules shall address, but need not be 
84  limited to, the following subjects: 
85         (a) Facility operations; 
86         (b) Physical operations; 
87         (c) Infection control requirements; 
88         (d) Health and safety requirements; 
89         (e) Quality assurance requirements; 
90         (f) Patient records; 
91         (g) Training requirements for all facility health care 
92  practitioners who are not regulated by another board; 
93         (h) Inspections; and 
94         (i) Data collection and reporting requirements. 
95 
96  A person may not prescribe or dispense any medication, including 
97  a controlled substance, on the premises of a pain-management 
98  clinic unless he or she is a physician licensed under this 
99  chapter or chapter 459; however, a pharmacist licensed under 
100  chapter 465 may dispense any medication, including a controlled 
101  substance, on the premises of a pain-management clinic. A 
102  physician is primarily engaged in the treatment of pain by 
103  prescribing or dispensing controlled substance medications when 
104  the majority of the patients seen are prescribed or dispensed 
105  controlled substance medications for the treatment of chronic 
106  nonmalignant pain. Chronic nonmalignant pain is pain unrelated 
107  to cancer which persists beyond the usual course of the disease 
108  or the injury that is the cause of the pain or more than 90 days 
109  after surgery. 
110         Section 2. Subsections (3) and (4) of section 459.005, 
111  Florida Statutes, are amended to read: 
112         459.005 Rulemaking authority.— 
113         (3)(a) All privately owned pain-management clinics, 
114  facilities, or offices, hereinafter referred to as “clinics,” 
115  which advertise in any medium for any type of pain-management 
116  services, or employ a physician who is licensed under this 
117  chapter and who is primarily engaged in the treatment of pain by 
118  prescribing or dispensing controlled substances substance 
119  medications, must register with the department by January 4, 
120  2010, unless that clinic is licensed as a facility under chapter 
121  395. A person may not own or operate a pain-management clinic in 
122  this state unless he or she is a physician licensed under this 
123  chapter or chapter 458. The status of the physician’s license 
124  must be clear and active according to the Division of Medical 
125  Quality Assurance within the Department of Health in order to 
126  own or operate a pain-management clinic. A physician may not 
127  practice osteopathic medicine in a pain-management clinic that 
128  is required to but has not registered with the department. Each 
129  clinic location shall be registered separately regardless of 
130  whether the clinic is operated under the same business name or 
131  management as another clinic. If the clinic is licensed as a 
132  health care clinic under chapter 400, the medical director is 
133  responsible for registering the facility with the department. If 
134  the clinic is not registered under chapter 395 or chapter 400, 
135  the clinic shall, upon registration with the department, 
136  designate a physician who is responsible for complying with all 
137  requirements related to registration of the clinic. The 
138  designated physician shall be licensed under chapter 458 or this 
139  chapter and shall practice at the office location for which the 
140  physician has assumed responsibility. The department shall 
141  inspect the clinic annually to ensure that it complies with 
142  rules of the Board of Osteopathic Medicine adopted pursuant to 
143  this subsection and subsection (4) unless the office is 
144  accredited by a nationally recognized accrediting agency 
145  approved by the Board of Osteopathic Medicine. The actual costs 
146  for registration and inspection or accreditation shall be paid 
147  by the physician seeking to register the clinic. 
148         (b) A pain-management clinic may not be owned, either in 
149  whole or in part, by or have any contractual relationship, 
150  whether through employment or by independent contract, with: 
151         1. A physician who during the course of his or her practice 
152  has been denied the privilege of prescribing, dispensing, 
153  administering, supplying, or selling any controlled substance 
154  and who has, during the course of his or her practice, had the 
155  board take disciplinary action against his or her medical 
156  license as a result of dependency on drugs or alcohol. 
157         2. A person who has been convicted of or who has pled 
158  guilty or nolo contendere, regardless of whether adjudication 
159  was withheld, to an offense that constitutes a felony. 
160 
161  As used in this section, the term “controlled substance” means a 
162  controlled substance listed in Schedule II, Schedule III, or 
163  Schedule IV in s. 893.03. 
164         (4) The Board of Osteopathic Medicine shall adopt rules 
165  setting forth standards of practice for physicians who practice 
166  in privately owned pain-management clinics that primarily engage 
167  in the treatment of pain by prescribing or dispensing controlled 
168  substance medications. Such rules shall address, but need not be 
169  limited to, the following subjects: 
170         (a) Facility operations; 
171         (b) Physical operations; 
172         (c) Infection control requirements; 
173         (d) Health and safety requirements; 
174         (e) Quality assurance requirements; 
175         (f) Patient records; 
176         (g) Training requirements for all facility health care 
177  practitioners who are not regulated by another board; 
178         (h) Inspections; and 
179         (i) Data collection and reporting requirements. 
180 
181  A person may not prescribe or dispense any medication, including 
182  a controlled substance, on the premises of a pain-management 
183  clinic unless he or she is a physician licensed under this 
184  chapter or chapter 458; however, a pharmacist licensed under 
185  chapter 465 may dispense any medication, including a controlled 
186  substance, on the premises of a pain-management clinic. A 
187  physician is primarily engaged in the treatment of pain by 
188  prescribing or dispensing controlled substance medications when 
189  the majority of the patients seen are prescribed or dispensed 
190  controlled substance medications for the treatment of chronic 
191  nonmalignant pain. Chronic nonmalignant pain is pain unrelated 
192  to cancer which persists beyond the usual course of the disease 
193  or the injury that is the cause of the pain or more than 90 days 
194  after surgery. 
195         Section 3. This act shall take effect July 1, 2010.