Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 818
       
       
       
       
       
       
                                Barcode 491388                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 2/AD/2R         .                                
             04/28/2011 02:15 PM       .                                
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       Senator Bogdanoff moved the following:
       
    1         Senate Amendment (with directory and title amendments)
    2  
    3         Delete lines 501 - 524
    4  and insert:
    5         (1) REGISTRATION.—
    6         (a) All privately owned pain-management clinics,
    7  facilities, or offices, hereinafter referred to as “clinics,”
    8  which advertise in any medium for any type of pain-management
    9  services, or employ a physician who is primarily engaged in the
   10  treatment of pain by prescribing or dispensing controlled
   11  substance medications, must register with the department unless:
   12         1. That clinic is licensed as a facility pursuant to
   13  chapter 395;
   14         2. The majority of the physicians who provide services in
   15  the clinic primarily provide surgical services or interventional
   16  pain procedures of the type routinely billed using surgical
   17  codes;
   18         3. The clinic is owned by a publicly held corporation whose
   19  shares are traded on a national exchange or on the over-the
   20  counter market and whose total assets at the end of the
   21  corporation’s most recent fiscal quarter exceeded $50 million;
   22         4. The clinic is affiliated with an accredited medical
   23  school at which training is provided for medical students,
   24  residents, or fellows;
   25         5. The clinic does not prescribe or dispense controlled
   26  substances for the treatment of pain; or
   27         6. The clinic is owned by a corporate entity exempt from
   28  federal taxation under 26 U.S.C. s. 501(c)(3).
   29         (f) If the department finds upon a hearing by the probable
   30  cause panel of the appropriate board that a pain-management
   31  clinic does not meet the requirement of paragraph (d) or is
   32  owned, directly or indirectly, by a person meeting any criteria
   33  listed in paragraph (e), the department shall revoke the
   34  certificate of registration previously issued by the department.
   35  As determined by rule, the department may grant an exemption to
   36  denying a registration or revoking a previously issued
   37  registration if more than 10 years have elapsed since
   38  adjudication. As used in this subsection, the term “convicted”
   39  includes an adjudication of guilt following a plea of guilty or
   40  nolo contendere or the forfeiture of a bond when charged with a
   41  crime.
   42         (g) The department may revoke the clinic’s certificate of
   43  registration and prohibit all physicians associated with that
   44  pain-management clinic from practicing at that clinic location
   45  based upon an annual inspection and evaluation of the factors
   46  described in subsection (3) and upon a final determination by
   47  the probable cause panel of the appropriate board that any
   48  physician associated with that pain-management clinic knew or
   49  should have known of any violations of the factors described in
   50  subsection (3).
   51         (h)1. If the registration of a pain-management clinic is
   52  revoked or suspended, the designated physician of the pain
   53  management clinic, the owner or lessor of the pain-management
   54  clinic property, the manager, and the proprietor shall cease to
   55  operate the facility as a pain-management clinic as of the
   56  effective date of the suspension or revocation.
   57         2. Notwithstanding subparagraph 1., the clinic’s
   58  registration shall not be revoked or suspended if the clinic,
   59  within 24 hours after notification of suspension or revocation,
   60  appoints another designated physician who has a full, active,
   61  and unencumbered license under this chapter or chapter 459 to
   62  operate a pain-management clinic.
   63         (k) If the clinic’s registration is revoked, any person
   64  named in the registration documents of the pain-management
   65  clinic, including persons owning or operating the pain
   66  management clinic, may not, as an individual or as a part of a
   67  group, apply to operate a pain-management clinic for 5 years
   68  after the date the registration is revoked upon a finding by the
   69  probable cause panel of the appropriate board, and an
   70  opportunity to be heard, that the persons operating such clinic
   71  knew or should have known of violations causing such revocation.
   72  
   73  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
   74         And the directory clause is amended as follows:
   75         Delete line 496
   76  and insert:
   77         Section 7. Paragraphs (a), (f), (g), (h), and (k) of
   78  subsection (1) and paragraphs
   79  
   80  ================= T I T L E  A M E N D M E N T ================
   81         And the title is amended as follows:
   82         Delete line 42
   83  and insert:
   84         as a pain-management clinic; authorizing the
   85         department to revoke the certificate of registration
   86         of a pain-management clinic based upon a finding by a
   87         probable cause panel of a board that the clinic does
   88         not meet certain requirements; authorizing the
   89         department to revoke a clinic’s certificate of
   90         registration and prohibit all physicians associated
   91         with that clinic from practicing at that clinic
   92         location based upon an annual inspection and
   93         evaluation and upon a final determination by the
   94         probable cause panel of the appropriate board that any
   95         physician associated with that pain-management clinic
   96         knew or should have known of certain violations;
   97         prohibiting the department from revoking or suspending
   98         a clinic’s registration if the clinic appoints another
   99         designated physician; prohibiting persons owing or
  100         operating a pain-management clinic that has a revoked
  101         registration from applying to operate another pain
  102         management clinic within a specified number of years
  103         upon a finding by the probable cause panel of the
  104         appropriate board, and an opportunity to be heard,
  105         that the persons operating such clinic knew or should
  106         have known of violations causing such revocation;
  107         deleting certain