Florida Senate - 2011 SENATOR AMENDMENT Bill No. CS for CS for SB 818 Barcode 491388 LEGISLATIVE ACTION Senate . House . . . Floor: 2/AD/2R . 04/28/2011 02:15 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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