Bill Text: MS HB606 | 2017 | Regular Session | Introduced
Bill Title: Pain management facilities; provide for licensure of.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2017-01-31 - Died In Committee [HB606 Detail]
Download: Mississippi-2017-HB606-Introduced.html
MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Public Health and Human Services
By: Representative Dixon
House Bill 606
AN ACT TO PROVIDE FOR THE LICENSURE OF PAIN MANAGEMENT FACILITIES BY THE STATE DEPARTMENT OF HEALTH AND THE STATE BOARD OF MEDICAL LICENSURE; TO REQUIRE THAT PAIN MANAGEMENT FACILITIES BE OWNED BY A PHYSICIAN WHO HAS A FULL AND ACTIVE LICENSE TO PRACTICE MEDICINE; TO REQUIRE THAT ONE OF THE OWNERS BE PHYSICALLY PRESENT PRACTICING MEDICINE IN THE FACILITY FOR AT LEAST FIFTY PERCENT OF THE TIME THAT PATIENTS ARE PRESENT IN THE FACILITY; TO REQUIRE THAT THE PHYSICIAN WHO IS PRACTICING IN THE FACILITY MUST HOLD BOARD CERTIFICATION IN CERTAIN PAIN MANAGEMENT SUBSPECIALTIES; TO PROVIDE THAT A PAIN MANAGEMENT FACILITY SHALL ACCEPT PRIVATE HEALTH INSURANCE AS ONE OF THE FACILITY'S ALLOWABLE FORMS OF PAYMENT FOR GOODS OR SERVICES PROVIDED; TO PROVIDE THAT IF THE PAIN MANAGEMENT FACILITY IS OPERATING UNDER A LICENSE ISSUED BY THE STATE DEPARTMENT OF HEALTH, THE DEPARTMENT SHALL INCLUDE AND ENFORCE THE PROVISIONS OF THIS ACT AS ADDITIONAL CONDITIONS OF THAT LICENSURE; TO PROVIDE THAT IF THE PAIN MANAGEMENT FACILITY IS OPERATING AS THE PRIVATE OFFICE OR CLINIC OF A PHYSICIAN, THE STATE BOARD OF MEDICAL LICENSURE SHALL ENFORCE THE PROVISIONS OF THIS ACT; TO PROVIDE A PENALTY FOR VIOLATIONS OF THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) (a) As used in this section, the term "pain management facility" means a facility where the majority of patients of the practitioners at the facility are provided treatment for pain that includes the use of controlled substances and:
(i) The facility's primary practice component is the treatment of pain; or
(ii) The facility advertises in any medium for any type of pain management services.
(b) The term "pain management facility" does not include the following:
(i) A hospital, including a critical access hospital, a facility owned by the hospital, or the office of a hospital-employed physician;
(ii) A school, college, university, or other educational institution or program to the extent that it provides instruction to individuals preparing to practice as physicians, podiatrists, dentists, nurses, physician assistants, optometrists, or veterinarians;
(iii) A hospice program or residential hospice facility licensed under Section 41-85-1 et seq.;
(iv) An ambulatory surgical facility licensed under Section 41-75-1 et seq.; or
(v) An institution for the aged or infirm as licensed under Section 43-11-1 et seq.
(2) Only a physician who has a full and active license to practice medicine issued under Section 73-25-1 et seq. may have an ownership or investment interest in a pain management facility. Credit extended by a financial institution to the facility shall not be deemed an investment interest under this subsection.
(3) Regardless of the form of facility ownership, at least one (1) of the owners or an owner's designee who is a physician employed by and under the supervision of the owner shall be physically present practicing medicine in the facility for at least fifty percent (50%) of the time that patients are present in the facility, and that physician owner or designee shall:
(a) Hold a current subspecialty certification in pain management by a member board of the American Board of Medical Specialties, or hold a current certificate of added qualification in pain management by the American Osteopathic Association Bureau of Osteopathic Specialists;
(b) Hold a current subspecialty certification in hospice and palliative medicine by a member board of the American Board of Medical Specialties, or hold a current certificate of added qualification in hospice and palliative medicine by the American Osteopathic Association Bureau of Osteopathic Specialists;
(c) Hold a current board certification by the American Board of Pain Medicine;
(d) Hold a current board certification by the American Board of Interventional Pain Physicians; or
(e) Have completed a fellowship in pain management or an accredited residency program that included a rotation of at least five (5) months in pain management,
(4) A pain management facility shall accept private health insurance as one (1) of the facility's allowable forms of payment for goods or services provided and shall accept payment for services rendered or goods provided to a patient only from the patient or the patient's insurer, guarantor, spouse, parent, guardian, or legal custodian.
(5) If the pain management facility is operating under a license issued by the State Department of Health, the department shall include and enforce the provisions of this section as additional conditions of that licensure. If the pain management facility is operating as the private office or clinic of a physician, the State Board of Medical Licensure shall enforce the provisions of this section. The provisions of this subsection shall not apply to the investigation or enforcement of criminal liability.
(6) Any person who violates the provisions of this section shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than Ten Thousand Dollars ($10,000.00). or by imprisonment in the county jail for not more than one (1) year, or by both such fine and imprisonment.
SECTION 2. This act shall take effect and be in force from and after July 1, 2017.
