Bill Text: FL S0804 | 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) [S0804 Detail]

Download: Florida-2010-S0804-Introduced.html

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Florida Senate - 2010                                     SB 804 
 
By Senator Gelber 
35-00539A-10                                           2010804__ 
1                        A bill to be entitled 
2         An act relating to pain-management clinics; amending 
3         ss. 458.309 and 459.005, F.S.; deleting provisions 
4         related to pain-management clinics; creating ss. 
5         458.3265 and 459.0137, F.S.; requiring privately owned 
6         pain-management clinics to be registered with the 
7         Department of Health by a specified date; prohibiting 
8         a physician from practicing in a pain-management 
9         clinic that is not registered with the department; 
10         requiring that the Department of Health refuse to 
11         issue a certificate of registration to or revoke the 
12         registration of certain pain-management clinics that 
13         are owned, directly or indirectly, by a person who has 
14         been convicted of a felony; defining the term 
15         “convicted” for purposes of this provision; 
16         designating persons who are responsible for 
17         registering a clinic; providing requirements for a 
18         physician who registers a clinic; requiring the 
19         department to annually inspect a registered clinic; 
20         providing for the automatic expiration of a 
21         registration; requiring payment of costs for 
22         registration and inspection or accreditation; 
23         requiring the Board of Medicine and the Board of 
24         Osteopathic Medicine to adopt rules setting forth 
25         standards of practice in privately owned pain 
26         management clinics; providing criteria for physicians 
27         that practice pain-management; defining the term 
28         “chronic nonmalignant pain”; providing that certain 
29         pain-management clinics are exempt from registration 
30         requirements under certain conditions; defining the 
31         term “parties affiliated with a pain-management 
32         clinic”; providing requirements for registering a 
33         pain-management clinic; requiring the Department of 
34         Health to submit fingerprints of an applicant for 
35         initial registration or renewal of a registration to 
36         the Department of Law Enforcement and the Federal 
37         Bureau of Investigation for a criminal record check; 
38         providing that applicants are not required to submit a 
39         set of fingerprints to the Department of Health for a 
40         criminal record check under certain conditions; 
41         providing an effective date. 
42 
43  Be It Enacted by the Legislature of the State of Florida: 
44 
45         Section 1. Section 458.309, Florida Statutes, is amended to 
46  read: 
47         458.309 Rulemaking authority.— 
48         (1) The board may has authority to adopt rules pursuant to 
49  ss. 120.536(1) and 120.54 to implement the provisions of this 
50  chapter conferring duties upon it. 
51         (2)(a) Any rules which the board adopts relating to the 
52  classroom phase of medical education shall not apply to any 
53  person who is enrolled in the classroom phase of medical 
54  education or has graduated prior to or at the time the rule 
55  becomes effective, so long as such person does not interrupt his 
56  or her medical education. 
57         (b)1. Any rules which the board adopts relating to the 
58  clinical clerkship phase of medical education shall not apply to 
59  any person who is enrolled in the clinical clerkship phase of 
60  medical education prior to or at the time the rule becomes 
61  effective, so long as such person does not interrupt his or her 
62  medical education. 
63         2. Rules adopted by the Florida Board of Medical Examiners 
64  prior to October 1, 1986, and relating to clinical clerkships 
65  for graduates of foreign medical schools do not apply to any 
66  such graduate who: 
67         a. Had completed a clinical clerkship prior to the 
68  effective date of the rule; or 
69         b. Had begun a clinical clerkship but had not completed the 
70  clinical clerkship prior to the effective date of the rule, so 
71  long as the clinical clerkship took no longer than 3 years to 
72  complete. 
73         (c) Any rules which the board adopts relating to residency 
74  shall not apply to any person who has begun his or her residency 
75  prior to or at the time the rule becomes effective, so long as 
76  such person does not interrupt the residency. 
77         (3) All physicians who perform level 2 procedures lasting 
78  more than 5 minutes and all level 3 surgical procedures in an 
79  office setting must register the office with the department 
80  unless that office is licensed as a facility pursuant to chapter 
81  395. The department shall inspect the physician’s office 
82  annually unless the office is accredited by a nationally 
83  recognized accrediting agency or an accrediting organization 
84  subsequently approved by the Board of Medicine. The actual costs 
85  for registration and inspection or accreditation shall be paid 
86  by the person seeking to register and operate the office setting 
87  in which office surgery is performed. 
88         (4) All privately owned pain-management clinics, 
89  facilities, or offices, hereinafter referred to as “clinics,” 
90  which advertise in any medium for any type of pain-management 
91  services, or employ a physician who is primarily engaged in the 
92  treatment of pain by prescribing or dispensing controlled 
93  substance medications, must register with the department by 
94  January 4, 2010, unless that clinic is licensed as a facility 
95  pursuant to chapter 395. A physician may not practice medicine 
96  in a pain-management clinic that is required to but has not 
97  registered with the department. Each clinic location shall be 
98  registered separately regardless of whether the clinic is 
99  operated under the same business name or management as another 
100  clinic. If the clinic is licensed as a health care clinic under 
101  chapter 400, the medical director is responsible for registering 
102  the facility with the department. If the clinic is not 
103  registered pursuant to chapter 395 or chapter 400, the clinic 
104  shall, upon registration with the department, designate a 
105  physician who is responsible for complying with all requirements 
106  related to registration of the clinic. The designated physician 
107  shall be licensed under this chapter or chapter 459 and shall 
108  practice at the office location for which the physician has 
109  assumed responsibility. The department shall inspect the clinic 
110  annually to ensure that it complies with rules of the Board of 
111  Medicine adopted pursuant to this subsection and subsection (5) 
112  unless the office is accredited by a nationally recognized 
113  accrediting agency approved by the Board of Medicine. The actual 
114  costs for registration and inspection or accreditation shall be 
115  paid by the physician seeking to register the clinic. 
116         (5) The Board of Medicine shall adopt rules setting forth 
117  standards of practice for physicians practicing in privately 
118  owned pain-management clinics that primarily engage in the 
119  treatment of pain by prescribing or dispensing controlled 
120  substance medications. Such rules shall address, but need not be 
121  limited to, the following subjects: 
122         (a) Facility operations; 
123         (b) Physical operations; 
124         (c) Infection control requirements; 
125         (d) Health and safety requirements; 
126         (e) Quality assurance requirements; 
127         (f) Patient records; 
128         (g) Training requirements for all facility health care 
129  practitioners who are not regulated by another board; 
130         (h) Inspections; and 
131         (i) Data collection and reporting requirements. 
132 
133  A physician is primarily engaged in the treatment of pain by 
134  prescribing or dispensing controlled substance medications when 
135  the majority of the patients seen are prescribed or dispensed 
136  controlled substance medications for the treatment of chronic 
137  nonmalignant pain. Chronic nonmalignant pain is pain unrelated 
138  to cancer which persists beyond the usual course of the disease 
139  or the injury that is the cause of the pain or more than 90 days 
140  after surgery. 
141         (6) A privately owned clinic, facility, or office that 
142  advertises in any medium for any type of pain-management 
143  services or employs one or more physicians who are primarily 
144  engaged in the treatment of pain by prescribing or dispensing 
145  controlled substances is exempt from the registration provisions 
146  in subsection (4) if the majority of the physicians who provide 
147  services in the clinic, facility, or office primarily provide 
148  surgical services. 
149         Section 2. Section 459.005, Florida Statutes, is amended to 
150  read: 
151         459.005 Rulemaking authority.— 
152         (1) The board may has authority to adopt rules pursuant to 
153  ss. 120.536(1) and 120.54 to implement the provisions of this 
154  chapter conferring duties upon it. 
155         (2) All physicians who perform level 2 procedures lasting 
156  more than 5 minutes and all level 3 surgical procedures in an 
157  office setting must register the office with the department 
158  unless that office is licensed as a facility pursuant to chapter 
159  395. The department shall inspect the physician’s office 
160  annually unless the office is accredited by a nationally 
161  recognized accrediting agency or an accrediting organization 
162  subsequently approved by the Board of Osteopathic Medicine. The 
163  actual costs for registration and inspection or accreditation 
164  shall be paid by the person seeking to register and operate the 
165  office setting in which office surgery is performed. 
166         (3) All privately owned pain-management clinics, 
167  facilities, or offices, hereinafter referred to as “clinics,” 
168  which advertise in any medium for any type of pain-management 
169  services, or employ a physician who is licensed under this 
170  chapter and who is primarily engaged in the treatment of pain by 
171  prescribing or dispensing controlled substance medications, must 
172  register with the department by January 4, 2010, unless that 
173  clinic is licensed as a facility under chapter 395. A physician 
174  may not practice osteopathic medicine in a pain-management 
175  clinic that is required to but has not registered with the 
176  department. Each clinic location shall be registered separately 
177  regardless of whether the clinic is operated under the same 
178  business name or management as another clinic. If the clinic is 
179  licensed as a health care clinic under chapter 400, the medical 
180  director is responsible for registering the facility with the 
181  department. If the clinic is not registered under chapter 395 or 
182  chapter 400, the clinic shall, upon registration with the 
183  department, designate a physician who is responsible for 
184  complying with all requirements related to registration of the 
185  clinic. The designated physician shall be licensed under chapter 
186  458 or this chapter and shall practice at the office location 
187  for which the physician has assumed responsibility. The 
188  department shall inspect the clinic annually to ensure that it 
189  complies with rules of the Board of Osteopathic Medicine adopted 
190  pursuant to this subsection and subsection (4) unless the office 
191  is accredited by a nationally recognized accrediting agency 
192  approved by the Board of Osteopathic Medicine. The actual costs 
193  for registration and inspection or accreditation shall be paid 
194  by the physician seeking to register the clinic. 
195         (4) The Board of Osteopathic Medicine shall adopt rules 
196  setting forth standards of practice for physicians who practice 
197  in privately owned pain-management clinics that primarily engage 
198  in the treatment of pain by prescribing or dispensing controlled 
199  substance medications. Such rules shall address, but need not be 
200  limited to, the following subjects: 
201         (a) Facility operations; 
202         (b) Physical operations; 
203         (c) Infection control requirements; 
204         (d) Health and safety requirements; 
205         (e) Quality assurance requirements; 
206         (f) Patient records; 
207         (g) Training requirements for all facility health care 
208  practitioners who are not regulated by another board; 
209         (h) Inspections; and 
210         (i) Data collection and reporting requirements. 
211 
212  A physician is primarily engaged in the treatment of pain by 
213  prescribing or dispensing controlled substance medications when 
214  the majority of the patients seen are prescribed or dispensed 
215  controlled substance medications for the treatment of chronic 
216  nonmalignant pain. Chronic nonmalignant pain is pain unrelated 
217  to cancer which persists beyond the usual course of the disease 
218  or the injury that is the cause of the pain or more than 90 days 
219  after surgery. 
220         (5) A privately owned clinic, facility, or office that 
221  advertises in any medium for any type of pain-management 
222  services or employs one or more physicians who are primarily 
223  engaged in the treatment of pain by prescribing or dispensing 
224  controlled substances is exempt from the registration provisions 
225  in subsection (3) if the majority of the physicians who provide 
226  services in the clinic, facility, or office primarily provide 
227  surgical services. 
228         Section 3. Section 458.3265, Florida Statutes, is created 
229  to read: 
230         458.3265 Pain-management clinics.— 
231         (1) With the exception of facilities licensed under chapter 
232  395, all privately owned pain-management clinics, facilities, or 
233  offices, referred to as “clinics” in this section, which 
234  advertise in any medium for any type of pain-management 
235  services, or employ a physician who is primarily engaged in the 
236  treatment of pain by prescribing or dispensing controlled 
237  substance medications, must register with the department by 
238  January 4, 2010. A physician may not practice medicine in a 
239  pain-management clinic that is not registered with the 
240  department as required in this section. If the department finds 
241  that a privately owned pain-management clinic is owned, directly 
242  or indirectly, by a person who has been convicted of any felony 
243  in this state or any other state or the United States, the 
244  department shall refuse to issue a certificate of registration 
245  to the clinic or shall revoke a certificate of registration 
246  previously issued by the department. As used in this subsection, 
247  the term “convicted” includes an adjudication of guilt on a plea 
248  of guilty or nolo contendere, or the forfeiture of a bond when 
249  charged with a crime. Each clinic location shall be registered 
250  separately regardless of whether the clinic is operated under 
251  the same business name or management as another clinic. If the 
252  clinic is licensed as a health care clinic under chapter 400, 
253  the medical director is responsible for registering the facility 
254  with the department. If the clinic is not registered pursuant to 
255  chapter 395 or chapter 400, the clinic shall, upon registration 
256  with the department, designate a physician who is responsible 
257  for complying with all requirements related to registration of 
258  the clinic. The designated physician shall be licensed under 
259  this chapter or chapter 459 and shall practice at the office 
260  location for which the physician has assumed responsibility. The 
261  department shall inspect the clinic annually to ensure that it 
262  complies with rules of the board adopted pursuant to this 
263  subsection and subsection (2) unless the clinic is accredited by 
264  a nationally recognized accrediting agency approved by the 
265  board. Registration under this section automatically expires 
266  after 2 years without further action by the board or the 
267  department unless an application for renewal is approved by the 
268  board. The actual costs for registration and inspection or 
269  accreditation shall be paid by the physician seeking to register 
270  the clinic. 
271         (2) The board shall adopt rules setting forth standards of 
272  practice for physicians practicing in privately owned pain 
273  management clinics that primarily engage in the treatment of 
274  pain by prescribing or dispensing controlled substance 
275  medications. Such rules shall address, but need not be limited 
276  to, the following: 
277         (a) Facility operations; 
278         (b) Physical operations; 
279         (c) Infection control requirements; 
280         (d) Health and safety requirements; 
281         (e) Quality assurance requirements; 
282         (f) Patient records; 
283         (g) Training requirements for all facility health care 
284  practitioners who are not regulated by another board; 
285         (h) Inspections; and 
286         (i) Data collection and reporting requirements. 
287 
288  A physician is primarily engaged in the treatment of pain by 
289  prescribing or dispensing controlled substance medications when 
290  the majority of the patients seen are prescribed or dispensed 
291  controlled substance medications for the treatment of chronic 
292  nonmalignant pain. Chronic nonmalignant pain is pain unrelated 
293  to cancer which persists beyond the usual course of the disease 
294  or the injury that is the cause of the pain or more than 90 days 
295  after surgery. 
296         (3) A privately owned clinic, facility, or office that 
297  advertises in any medium for any type of pain-management 
298  services or employs one or more physicians who are primarily 
299  engaged in the treatment of pain by prescribing or dispensing 
300  controlled substances is exempt from the registration provisions 
301  in subsection (1) if the majority of the physicians who provide 
302  services in the clinic, facility, or office primarily provide 
303  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 a 
317  pain-management clinic submitted to the department must include: 
318         (a) The name, full business address, and telephone number 
319  of the applicant. 
320         (b) All trade or business names used by the applicant. 
321         (c) The address, telephone numbers, and names of contact 
322  persons for each facility used by the applicant for the 
323  prescribing or dispensing of controlled substance medications in 
324  the treatment of pain. 
325         (d) The type of ownership or operation, such as a 
326  partnership, corporation, or sole proprietorship. 
327         (e) The names of the owner and the operator of the pain 
328  management clinic, including: 
329         1. If an individual, the name of the individual. 
330         2. If a partnership, the name of each partner and the name 
331  of the partnership. 
332         3. If a corporation: 
333         a. The name, address, and title of each corporate officer 
334  and director. 
335         b. The name and address of the corporation and the resident 
336  agent of the corporation, the resident agent’s address, and the 
337  corporation’s state of incorporation. 
338         c. The name and address of each shareholder of the 
339  corporation that owns 5 percent or more of the outstanding stock 
340  of the corporation. 
341         4. If a sole proprietorship, the full name of the sole 
342  proprietor and the name of the business entity. 
343         5. If a limited liability company: 
344         a. The name and address of each member. 
345         b. The name and address of each manager. 
346         c. The name and address of the limited liability company, 
347  the resident agent of the limited liability company, and the 
348  name of the state in which the limited liability company was 
349  organized. 
350         (f) The tax year of the applicant. 
351         (g) A copy of the deed for the property on which the 
352  applicant’s pain-management clinic is located, if the clinic is 
353  owned by the applicant, or a copy of the applicant’s lease for 
354  the property on which the applicant’s pain-management clinic is 
355  located, which must have an original term of not less than 1 
356  calendar year, if the pain-management clinic is not owned by the 
357  applicant. 
358         (h) A list of all licenses and permits issued to the 
359  applicant by any other state which authorize the applicant to 
360  purchase or possess prescription drugs. 
361         (i) The name of the manager of the pain-management clinic 
362  that is applying for the initial or renewal registration, the 
363  next four highest ranking employees responsible for operations 
364  of the pain-management clinic, the name of all parties 
365  affiliated with the pain-management clinic, and the personal 
366  information statement and fingerprints required under subsection 
367  (6) for each of these persons. 
368         (6)(a) Each person required by paragraph (5)(i) to provide 
369  a personal information statement and fingerprints shall provide 
370  the following information to the department on forms prescribed 
371  by the department: 
372         1. The person’s places of residence for the past 7 years. 
373         2. The person’s date and place of birth. 
374         3. The person’s occupations, positions of employment, and 
375  offices held during the past 7 years. 
376         4. The principal business and address of any business, 
377  corporation, or other organization in which the person: 
378         a. Held an office during the past 7 years; or 
379         b. Had an occupation or position of employment during the 
380  past 7 years. 
381         5. Whether the person has been, during the past 7 years, 
382  the subject of any proceeding for the revocation of any license 
383  and, if so, the nature of the proceeding and the disposition of 
384  the proceeding. 
385         6. Whether, during the past 7 years, the person has been 
386  enjoined, temporarily or permanently, by a court of competent 
387  jurisdiction from violating any federal or state law regulating 
388  the possession, control, or distribution of prescription drugs, 
389  together with details concerning any such event. 
390         7. A description of any involvement by the person during 
391  the past 7 years, including any investments, other than the 
392  ownership of stock in a publicly traded company or mutual fund, 
393  with any business that manufactured, administered, prescribed, 
394  distributed, or stored pharmaceutical products and any lawsuits 
395  in which the businesses were named as a party. 
396         8. A description of any felony criminal offense of which 
397  the person, as an adult, was found guilty, regardless of whether 
398  adjudication of guilt was withheld or whether the person pled 
399  guilty or nolo contendere. A criminal offense committed in 
400  another jurisdiction which would have been a felony in this 
401  state must be reported. If the person indicates that a criminal 
402  conviction is under appeal and submits a copy of the notice of 
403  appeal of that criminal offense, the applicant shall, within 15 
404  days after the disposition of the appeal, submit to the 
405  department a copy of the final written order of disposition. 
406         9. A photograph of the person taken in the previous 30 
407  days. 
408         10. A set of fingerprints for the person on a form and 
409  under procedures specified by the department and payment of an 
410  amount equal to the costs incurred by the department for the 
411  criminal record check of the person. 
412         11. The name, address, occupation, and date and place of 
413  birth for each member of the person’s immediate family who is 18 
414  years of age or older. As used in this subparagraph, the term 
415  “member of the person’s immediate family” includes the person’s 
416  spouse, children, parents, siblings, the spouses of the person’s 
417  children, and the spouses of the person’s siblings. 
418         12. Any other relevant information that the department 
419  requires. 
420         (b) The information required under paragraph (a) shall be 
421  provided under oath. 
422         (c)1. The department shall submit the fingerprints provided 
423  with an application for initial registration to the Department 
424  of Law Enforcement for a statewide criminal record check and for 
425  forwarding to the Federal Bureau of Investigation for a national 
426  criminal record check. 
427         2. For the initial renewal of a registration on or after 
428  January 1, 2010, the department shall submit the fingerprints 
429  provided as a part of a renewal application to the Department of 
430  Law Enforcement for a statewide criminal record check, and for 
431  forwarding to the Federal Bureau of Investigation for a national 
432  criminal record check. For any subsequent renewal of a 
433  registration, the department shall submit the required 
434  information for a statewide and national criminal record check. 
435         3. Any person who submits to the department a set of 
436  fingerprints for a criminal record check is not required to 
437  provide a subsequent set of fingerprints for a criminal record 
438  check if the person has undergone a criminal record check as a 
439  condition of the issuance of an initial registration or the 
440  initial renewal of a registration on or after January 1, 2010. 
441         Section 4. Section 459.0137, Florida Statutes, is created 
442  to read: 
443         459.0137 Pain-management clinics.— 
444         (1) With the exception of facilities licensed under chapter 
445  395, all privately owned pain-management clinics, facilities, or 
446  offices, referred to as “clinics” in this section, which 
447  advertise in any medium for any type of pain-management 
448  services, or employ a physician who is licensed under this 
449  chapter and who is primarily engaged in the treatment of pain by 
450  prescribing or dispensing controlled substance medications, must 
451  register with the department by January 4, 2010. A physician may 
452  not practice osteopathic medicine in a pain-management clinic 
453  that is not registered with the department as required in this 
454  section. If the department finds that a privately owned pain 
455  management clinic is owned, directly or indirectly, by a person 
456  who has been convicted of any felony in this state or any other 
457  state or the United States, the department shall refuse to issue 
458  a certificate of registration to the clinic or shall revoke a 
459  certificate of registration previously issued by the department. 
460  As used in this subsection, the term “convicted” includes an 
461  adjudication of guilt on a plea of guilty or nolo contendere or 
462  the forfeiture of a bond when charged with a crime. Each clinic 
463  location shall be registered separately regardless of whether 
464  the clinic is operated under the same business name or 
465  management as another clinic. If the clinic is licensed as a 
466  health care clinic under chapter 400, the medical director is 
467  responsible for registering the facility with the department. If 
468  the clinic is not registered under chapter 395 or chapter 400, 
469  the clinic shall, upon registration with the department, 
470  designate a physician who is responsible for complying with all 
471  requirements related to registration of the clinic. The 
472  designated physician shall be licensed under chapter 458 or this 
473  chapter and shall practice at the office location for which the 
474  physician has assumed responsibility. The department shall 
475  inspect the clinic annually to ensure that it complies with 
476  rules of the board of adopted pursuant to this subsection and 
477  subsection (2) unless the clinic is accredited by a nationally 
478  recognized accrediting agency approved by the board. 
479  Registration under this section automatically expires after 2 
480  years without further action by the board or the department 
481  unless an application for renewal is approved by the board. The 
482  actual costs for registration and inspection or accreditation 
483  shall be paid by the physician seeking to register the clinic. 
484         (2) The board shall adopt rules setting forth standards of 
485  practice for physicians who practice in privately owned pain 
486  management clinics that primarily engage in the treatment of 
487  pain by prescribing or dispensing controlled substance 
488  medications. Such rules shall address, but need not be limited 
489  to, the following: 
490         (a) Facility operations; 
491         (b) Physical operations; 
492         (c) Infection control requirements; 
493         (d) Health and safety requirements; 
494         (e) Quality assurance requirements; 
495         (f) Patient records; 
496         (g) Training requirements for all facility health care 
497  practitioners who are not regulated by another board; 
498         (h) Inspections; and 
499         (i) Data collection and reporting requirements. 
500 
501  A physician is primarily engaged in the treatment of pain by 
502  prescribing or dispensing controlled substance medications when 
503  the majority of the patients seen are prescribed or dispensed 
504  controlled substance medications for the treatment of chronic 
505  nonmalignant pain. Chronic nonmalignant pain is pain unrelated 
506  to cancer which persists beyond the usual course of the disease 
507  or the injury that is the cause of the pain or more than 90 days 
508  after surgery. 
509         (3) A privately owned clinic, facility, or office that 
510  advertises in any medium for any type of pain-management 
511  services or employs one or more physicians who are primarily 
512  engaged in the treatment of pain by prescribing or dispensing 
513  controlled substances is exempt from the registration provisions 
514  in subsection (1) if the majority of the physicians who provide 
515  services in the clinic, facility, or office primarily provide 
516  surgical services. 
517         (4) As used in this section, the term “parties affiliated 
518  with a pain-management clinic” means: 
519         (a) A director, officer, trustee, partner, or committee 
520  member of a pain-management clinic or applicant, or a subsidiary 
521  or service corporation of the pain-management clinic or 
522  applicant; 
523         (b) A person who, directly or indirectly, manages, 
524  controls, or oversees the operation of a pain-management clinic 
525  or applicant, regardless of whether the person is a partner, 
526  shareholder, manager, member, officer, director, independent 
527  contractor, or employee of the pain-management clinic or 
528  applicant. 
529         (5) An application for initial or renewal registration as a 
530  pain-management clinic submitted to the department must include: 
531         (a) The name, full business address, and telephone number 
532  of the applicant. 
533         (b) All trade or business names used by the applicant. 
534         (c) The address, telephone numbers, and names of contact 
535  persons for each facility used by the applicant for the 
536  prescribing or dispensing of controlled substance medications in 
537  the treatment of pain. 
538         (d) The type of ownership or operation, such as a 
539  partnership, corporation, or sole proprietorship. 
540         (e) The names of the owner and the operator of the pain 
541  management clinic, including: 
542         1. If an individual, the name of the individual. 
543         2. If a partnership, the name of each partner and the name 
544  of the partnership. 
545         3. If a corporation: 
546         a. The name, address, and title of each corporate officer 
547  and director. 
548         b. The name and address of the corporation and the resident 
549  agent of the corporation, the resident agent’s address, and the 
550  corporation’s state of incorporation. 
551         c. The name and address of each shareholder of the 
552  corporation that owns 5 percent or more of the outstanding stock 
553  of the corporation. 
554         4. If a sole proprietorship, the full name of the sole 
555  proprietor and the name of the business entity. 
556         5. If a limited liability company: 
557         a. The name and address of each member. 
558         b. The name and address of each manager. 
559         c. The name and address of the limited liability company, 
560  the resident agent of the limited liability company, and the 
561  name of the state in which the limited liability company was 
562  organized. 
563         (f) The tax year of the applicant. 
564         (g) A copy of the deed for the property on which the 
565  applicant’s pain-management clinic is located, if the clinic is 
566  owned by the applicant, or a copy of the applicant’s lease for 
567  the property on which the applicant’s pain-management clinic is 
568  located, which must have an original term of not less than 1 
569  calendar year, if the pain-management clinic is not owned by the 
570  applicant. 
571         (h) A list of all licenses and permits issued to the 
572  applicant by any other state which authorize the applicant to 
573  purchase or possess prescription drugs. 
574         (i) The name of the manager of the pain-management clinic 
575  that is applying for the initial or renewal registration, the 
576  next four highest ranking employees responsible for operations 
577  of the pain-management clinic, and the name of all parties 
578  affiliated with the pain-management clinic, and the personal 
579  information statement and fingerprints required under subsection 
580  (6) for each of these persons. 
581         (6)(a) Each person required by paragraph (5)(i) to provide 
582  a personal information statement and fingerprints must provide 
583  the following information to the department on forms prescribed 
584  by the department: 
585         1. The person’s places of residence for the past 7 years. 
586         2. The person’s date and place of birth. 
587         3. The person’s occupations, positions of employment, and 
588  offices held during the past 7 years. 
589         4. The principal business and address of any business, 
590  corporation, or other organization in which the person: 
591         a. Held an office during the past 7 years; or 
592         b. Had an occupation or position of employment during the 
593  past 7 years. 
594         5. Whether the person has been, during the past 7 years, 
595  the subject of any proceeding for the revocation of any license 
596  and, if so, the nature of the proceeding and the disposition of 
597  the proceeding. 
598         6. Whether, during the past 7 years, the person has been 
599  temporarily or permanently enjoined by a court of competent 
600  jurisdiction from violating any federal or state law regulating 
601  the possession, control, or distribution of prescription drugs, 
602  together with details concerning any such event. 
603         7. A description of any involvement by the person during 
604  the past 7 years, including any investments, other than the 
605  ownership of stock in a publicly traded company or mutual fund, 
606  with any business that manufactured, administered, prescribed, 
607  distributed, or stored pharmaceutical products and any lawsuits 
608  in which the businesses were named as a party. 
609         8. A description of any felony criminal offense of which 
610  the person, as an adult, was found guilty, regardless of whether 
611  adjudication of guilt was withheld or whether the person pled 
612  guilty or nolo contendere. A criminal offense committed in 
613  another jurisdiction which would have been a felony in this 
614  state must be reported. If the person indicates that a criminal 
615  conviction is under appeal and submits a copy of the notice of 
616  appeal of that criminal offense, the applicant must, within 15 
617  days after the disposition of the appeal, submit to the 
618  department a copy of the final written order of disposition. 
619         9. A photograph of the person taken in the previous 30 
620  days. 
621         10. A set of fingerprints for the person on a form and 
622  under procedures specified by the department, together with 
623  payment of an amount equal to the costs incurred by the 
624  department for the criminal record check of the person. 
625         11. The name, address, occupation, and date and place of 
626  birth for each member of the person’s immediate family who is 18 
627  years of age or older. As used in this subparagraph, the term 
628  “member of the person’s immediate family” includes the person’s 
629  spouse, children, parents, siblings, the spouses of the person’s 
630  children, and the spouses of the person’s siblings. 
631         12. Any other relevant information that the department 
632  requires. 
633         (b) The information required under paragraph (a) shall be 
634  provided under oath. 
635         (c)1. The department shall submit the fingerprints provided 
636  with an application for initial registration to the Department 
637  of Law Enforcement for a statewide criminal record check and for 
638  forwarding to the Federal Bureau of Investigation for a national 
639  criminal record check. 
640         2. For the initial renewal of a registration on or after 
641  January 1, 2010, the department shall submit the fingerprints 
642  provided as a part of a renewal application to the Department of 
643  Law Enforcement for a statewide criminal record check, and for 
644  forwarding to the Federal Bureau of Investigation for a national 
645  criminal record check. For any subsequent renewal of a permit, 
646  the department shall submit the required information for a 
647  statewide and national criminal record check. 
648         3. Any person who submits to the department a set of 
649  fingerprints for a criminal record check is not required to 
650  provide a subsequent set of fingerprints for a criminal record 
651  check if the person has undergone a criminal record check as a 
652  condition of the issuance of an initial registration or the 
653  initial renewal of a registration on or after January 1, 2010. 
654         Section 5. This act shall take effect July 1, 2010.