Bill Text: FL S0646 | 2010 | Regular Session | Introduced
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
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 substancessubstance 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 substancessubstance119medications, 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.
