Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 818
       
       
       
       
       
       
                                Barcode 393440                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/14/2011           .                                
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       The Committee on Health Regulation (Fasano) recommended the
       following:
       
    1         Senate Amendment to Amendment (958050) (with title
    2  amendment)
    3  
    4         Delete lines 481 - 484
    5  and insert:
    6  
    7         Section 12. Paragraph (a) of subsection (1) and paragraph
    8  (c) of subsection (2) of section 459.0137, Florida Statutes, are
    9  amended, and paragraphs (f) and (g) are added to subsection (5)
   10  of that section, to read:
   11         459.0137 Pain-management clinics.—
   12         (1) REGISTRATION.—
   13         (a) All privately owned pain-management clinics,
   14  facilities, or offices, hereinafter referred to as “clinics,”
   15  which advertise in any medium for any type of pain-management
   16  services, or employ an osteopathic physician who is primarily
   17  engaged in the treatment of pain by prescribing or dispensing
   18  controlled substance medications, must register with the
   19  department unless:
   20         1. That clinic is licensed as a facility pursuant to
   21  chapter 395;
   22         2. The majority of the physicians who provide services in
   23  the clinic primarily provide surgical services or interventional
   24  pain procedures of the type routinely billed using surgical
   25  codes;
   26         3. The clinic is owned by a publicly held corporation whose
   27  shares are traded on a national exchange or on the over-the
   28  counter market and whose total assets at the end of the
   29  corporation’s most recent fiscal quarter exceeded $50 million;
   30         4. The clinic is affiliated with an accredited medical
   31  school at which training is provided for medical students,
   32  residents, or fellows;
   33         5. The clinic does not prescribe or dispense controlled
   34  substances for the treatment of pain; or
   35         6. The clinic is owned by a corporate entity exempt from
   36  federal taxation under 26 U.S.C. s. 501(c)(3).
   37  
   38  ================= T I T L E  A M E N D M E N T ================
   39  And the title is amended as follows:
   40  
   41         Delete line 1837
   42  and insert:
   43  
   44         additional penalties; amending s. 459.0137, F.S.;
   45         providing an exemption from the requirement that all
   46         privately owned pain-management clinics, facilities,
   47         or offices that advertise in any medium for any type
   48         of pain-management services, or employ an osteopathic
   49         physician who is primarily engaged in the treatment of
   50         pain by prescribing or dispensing controlled substance
   51         medications, must register with the Department of
   52         Health;