Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 1386
                                Barcode 808606                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/28/2011           .                                

       The Committee on Health Regulation (Diaz de la Portilla)
       recommended the following:
    1         Senate Amendment 
    3         Delete lines 367 - 478
    4  and insert:
    5         2. The majority of the physicians who provide services in
    6  the clinic primarily provide interventional pain-management
    7  procedures or other surgical services;
    8         3. The clinic is owned by a publicly held corporation whose
    9  shares are traded on a national exchange or on the over-the
   10  counter market and whose total assets at the end of the
   11  corporation’s most recent fiscal quarter exceeded $50 million;
   12         4. The clinic is affiliated with an accredited medical
   13  school at which training is provided for medical students,
   14  residents, or fellows; or
   15         5. The clinic does not prescribe or dispense controlled
   16  substances for the treatment of pain; or
   17         5.6. The clinic is owned by a corporate entity exempt from
   18  federal taxation under 26 U.S.C. s. 501(c)(3).
   19         (b) Each clinic location shall be registered separately
   20  regardless of whether the clinic is operated under the same
   21  business name or management as another clinic.
   22         (c) As a part of registration, a clinic must designate a
   23  physician who is responsible for complying with all requirements
   24  related to registration and operation of the clinic in
   25  compliance with this section. Within 10 days after termination
   26  of a designated physician, the clinic must notify the department
   27  of the identity of another designated physician for that clinic.
   28  The designated physician shall have a full, active, and
   29  unencumbered license under this chapter or chapter 459 and shall
   30  practice at the clinic location for which the physician has
   31  assumed responsibility. Failing to have a licensed designated
   32  physician practicing at the location of the registered clinic
   33  may be the basis for a summary suspension of the clinic
   34  registration certificate as described in s. 456.073(8) for a
   35  license or s. 120.60(6).
   36         (d) The department shall deny registration to any clinic
   37  that is not fully owned by a physician licensed under this
   38  chapter or chapter 459 or a group of physicians, each of whom is
   39  licensed under this chapter or chapter 459; or that is not a
   40  health care clinic licensed under part X of chapter 400.
   41         (e) The department shall deny registration to any
   42  controlled-substance medical pain-management clinic owned by or
   43  with any contractual or employment relationship with a
   44  physician:
   45         1. Whose Drug Enforcement Administration number has ever
   46  been revoked.
   47         2. Whose application for a license to prescribe, dispense,
   48  or administer a controlled substance has been denied by any
   49  jurisdiction.
   50         3. Who has been convicted of or pleaded guilty or nolo
   51  contendere to, regardless of adjudication, an offense that
   52  constitutes a felony for receipt of illicit and diverted drugs,
   53  including a controlled substance listed in Schedule I, Schedule
   54  II, Schedule III, Schedule IV, or Schedule V of s. 893.03, in
   55  this state, any other state, or the United States.
   56         (f) If the department finds probable cause that a
   57  controlled-substance medical pain-management clinic does not
   58  meet the requirement of paragraph (d) or is owned, directly or
   59  indirectly, by a person meeting any criteria listed in paragraph
   60  (e), the department shall revoke the certificate of registration
   61  previously issued by the department. As determined by rule, the
   62  department may grant an exemption to denying a registration or
   63  revoking a previously issued registration if more than 10 years
   64  have elapsed since adjudication. As used in this subsection, the
   65  term “convicted” includes an adjudication of guilt following a
   66  plea of guilty or nolo contendere or the forfeiture of a bond
   67  when charged with a crime.
   68         (g) The department may revoke the clinic’s certificate of
   69  registration and prohibit all physicians associated with that
   70  controlled-substance medical pain-management clinic from
   71  practicing at that clinic location based upon an annual
   72  inspection and evaluation of the factors described in subsection
   73  (3) and upon a final determination by the probable cause panel
   74  of the appropriate board that any physician associated with that
   75  controlled-substance medical clinic knew or should have known of
   76  any violations of the factors described in subsection (3).
   77         (h)1. If the registration of a controlled-substance medical
   78  pain-management clinic is revoked or suspended, the designated
   79  physician of the controlled-substance medical pain-management
   80  clinic, the owner or lessor of the controlled-substance medical
   81  pain-management clinic property, the manager, and the proprietor
   82  shall cease to operate the facility as a controlled-substance
   83  medical pain-management clinic as of the effective date of the
   84  suspension or revocation.
   85         2. Notwithstanding subparagraph 1., the clinic’s
   86  registration shall not be revoked or suspended if the clinic,
   87  within 24 hours after notification of suspension or revocation,
   88  appoints another designated physician who has a full, active,
   89  and unencumbered license under this chapter or chapter 459 to
   90  operate a controlled-substance medical clinic.
   91         (i) If a controlled-substance medical pain-management
   92  clinic registration is revoked or suspended, the designated
   93  physician of the controlled-substance medical pain-management
   94  clinic, the owner or lessor of the clinic property, the manager,
   95  or the proprietor is responsible for removing all signs and
   96  symbols identifying the premises as a controlled-substance
   97  medical pain-management clinic.
   98         (j) Upon the effective date of the suspension or
   99  revocation, the designated physician of the controlled-substance
  100  medical pain-management clinic shall advise the department of
  101  the disposition of the medicinal drugs located on the premises.
  102  The disposition is subject to the supervision and approval of
  103  the department. Medicinal drugs that are purchased or held by a
  104  controlled-substance medical pain-management clinic that is not
  105  registered may be deemed adulterated pursuant to s. 499.006.
  106         (k) If the clinic’s registration is revoked, any person
  107  named in the registration documents of the controlled-substance
  108  medical pain-management clinic, including persons owning or
  109  operating the controlled-substance medical pain-management
  110  clinic, may not, as an individual or as a part of a group, apply
  111  to operate a controlled-substance medical pain-management clinic
  112  for 5 years after the date the registration is revoked upon a
  113  finding of probable cause, and an opportunity to be heard, that
  114  the persons operating such clinic knew or should have known of
  115  the violations causing such revocation.