Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 1198
       
       
       
       
       
       
                                Barcode 829118                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/31/2012           .                                
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       The Committee on Health Regulation (Diaz de la Portilla)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 178 - 218
    4  and insert:
    5         458.3265 Pain-management clinics.—
    6         (1) REGISTRATION.—
    7         (a)1. As used in this section, the term:
    8         a. “Chronic nonmalignant pain” means pain unrelated to
    9  cancer or rheumatoid arthritis which persists beyond the usual
   10  course of disease or beyond the injury that is the cause of the
   11  pain or which persists more than 90 days after surgery.
   12         b. “Pain-management clinic” or “clinic” means any publicly
   13  or privately owned facility:
   14         (I) That advertises in any medium for any type of pain
   15  management services; or
   16         (II) Where in any month a majority of patients are
   17  prescribed opioids, benzodiazepines, barbiturates, or
   18  carisoprodol for the treatment of chronic nonmalignant pain.
   19         2. Each pain-management clinic must register with the
   20  department unless:
   21         a. The That clinic is licensed as a facility pursuant to
   22  chapter 395;
   23         b. The majority of the physicians who provide services in
   24  the clinic primarily provide primarily surgical services;
   25         c. The clinic is owned by a publicly held corporation whose
   26  shares are traded on a national exchange or on the over-the
   27  counter market and whose total assets at the end of the
   28  corporation’s most recent fiscal quarter exceeded $50 million;
   29         d. The clinic is affiliated with an accredited medical
   30  school at which training is provided for medical students,
   31  residents, or fellows;
   32         e. The clinic does not prescribe controlled substances for
   33  the treatment of pain;
   34         f. The clinic is owned by a corporate entity exempt from
   35  federal taxation under 26 U.S.C. s. 501(c)(3);
   36         g. The clinic is wholly owned and operated by one or more
   37  board-eligible or board-certified anesthesiologists,
   38  physiatrists, psychiatrists, rheumatologists, or neurologists;
   39  or
   40         h. The clinic is wholly owned and operated by one or more
   41  board-eligible or board-certified medical specialists who have
   42  also completed fellowships in pain medicine approved by the
   43  Accreditation Council for Graduate Medical Education, or who are
   44  also board-eligible or board-certified in pain medicine by a
   45  board approved by the American Board of Pain Medicine or the
   46  American Board of Medical Specialties and perform interventional
   47  pain procedures of the type routinely billed using surgical
   48  codes;.
   49         i. The clinic is organized as a physician-owned group
   50  practice as defined in 42 C.F.R. 411.352; or
   51         j. Before June 1, 2011, the clinic was wholly owned by
   52  physicians who are not board eligible or board certified but who
   53  successfully completed a residency program in anesthesiology,
   54  physiatry, psychiatry, rheumatology, or neurology and who have 7
   55  years of documented, full-time practice in pain medicine in this
   56  state. For purposes of this paragraph, the term “full time” is
   57  defined as practicing an average of 20 hours per week each year
   58  in pain medicine.
   59  
   60  ================= T I T L E  A M E N D M E N T ================
   61         And the title is amended as follows:
   62         Delete lines 15 - 19
   63  and insert:
   64         s. 458.3265, F.S.; requiring that a pain-management
   65         clinic register with the Department of Health unless
   66         the clinic is wholly owned by certain board-eligible
   67         or board-certified physicians or medical specialists,
   68         organized as a physician-owned group practice, or
   69         wholly owned by physicians who are not board eligible
   70         or board certified but who completed specified
   71         residency programs and have a specified number of
   72         years of full-time practice in pain medicine; amending
   73         s. 459.0137, F.S.; requiring that a pain-management
   74         clinic register with the Department of Health unless
   75         the clinic is wholly owned and operated by certain
   76         physicians, including a board-certified psychiatrist
   77         or rheumatologist;