Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 818
       
       
       
       
       
       
                                Barcode 405534                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/2R          .                                
             04/27/2011 02:29 PM       .                                
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       Senator Fasano moved the following:
       
    1         Senate Amendment (with directory and title amendments)
    2  
    3         Delete lines 529 - 559
    4  and insert:
    5         (a) A physician may not practice medicine in a pain
    6  management clinic, as described in subsection (4), if:
    7         1. The pain-management clinic is not registered with the
    8  department as required by this section; or
    9         2. Effective July 1, 2012, the physician has not
   10  successfully completed a pain-medicine fellowship that is
   11  accredited by the Accreditation Council for Graduate Medical
   12  Education or a pain-medicine residency that is accredited by the
   13  Accreditation Council for Graduate Medical Education or, prior
   14  to July 1, 2012, met one of the following qualifications: does
   15  not comply with rules adopted by the board.
   16         a. Board certification by a specialty board recognized by
   17  the American Board of Medical Specialties and holds a sub
   18  specialty certification in pain medicine.
   19         b. Board certification in pain medicine by the American
   20  Board of Pain Medicine.
   21         c.(I) Successful completion of a residency program in
   22  physical medicine and rehabilitation, anesthesiology, neurology,
   23  neurosurgery, family practice, internal medicine, orthopedics,
   24  or psychiatry approved by the Accreditation Council for Graduate
   25  Medical Education.
   26         (II) Sub-specialty certification in hospice and palliative
   27  medicine or geriatric medicine recognized by American Board of
   28  Medical Specialties.
   29         d. Staff privileges at a Florida-licensed hospital to
   30  practice pain medicine or perform pain-medicine procedures.
   31         e. Three years of documented full-time practice, which is
   32  defined as an average of 20 hours per week each year, in pain
   33  management and after October 1, 2011, attended and successfully
   34  completed 40 hours of in-person, live-participatory AMA Category
   35  I CME courses in pain-management, which address all the
   36  following subject areas:
   37         (I) The goals of treating both short-term and ongoing pain
   38  treatment.
   39         (II) Controlled substance prescribing rules, including
   40  controlled substances agreements.
   41         (III) Drug screening or testing, including usefulness and
   42  limitations.
   43         (IV) The use of controlled substances in treating short
   44  term and ongoing pain syndromes, including usefulness and
   45  limitations.
   46         (V) Evidenced-based, noncontrolled pharmacological pain
   47  treatments.
   48         (VI) Evidenced-based, nonpharmacological pain treatments.
   49         (VII) A complete pain-medicine history and a physical
   50  examination.
   51         (VIII) Appropriate progress note keeping.
   52         (IX) Comorbidities with pain disorders, including
   53  psychiatric and addictive disorders.
   54         (X) Drug abuse and diversion, and prevention of same.
   55         (XI) Risk management.
   56         (XII) Medical ethics.
   57  
   58  In addition to the CME requirements set forth in this sub-sub
   59  subparagraph, physicians must be able to document hospital
   60  privileges at a hospital licensed in this state; practice under
   61  the direct supervision of a physician who is qualified in sub
   62  sub-subparagraphs a. through c.; or have the practice reviewed
   63  by a Florida-licensed risk manager and document compliance with
   64  all recommendations of the risk management review. Upon
   65  completion of the 40 hours of CME requirements set forth in this
   66  sub-sub-subparagraph, a physician must also document the
   67  completion of 15 hours of live lecture format, Category I CME in
   68  pain management for every year the physician is practicing pain
   69  management.
   70         (b) Any physician who qualifies to practice medicine in a
   71  pain-management clinic pursuant to rules adopted by the Board of
   72  Medicine as of July 1, 2012, may continue to practice medicine
   73  in a pain-management clinic as long as the physician continues
   74  to meet the qualifications set forth in the board rules. A
   75  physician who violates this paragraph is subject to disciplinary
   76  action by his or her appropriate medical regulatory board.
   77         (c)(b) A person may not dispense any medication, including
   78  a controlled substance, on the premises of a registered pain
   79  management clinic unless he or she is a physician licensed under
   80  this chapter or chapter 459.
   81         (d)(c) A physician, an advanced registered nurse
   82  practitioner, or a physician assistant must perform an
   83  appropriate medical a physical examination of a patient on the
   84  same day that the physician he or she dispenses or prescribes a
   85  controlled substance to a patient at a pain-management clinic.
   86  If the physician prescribes or dispenses more than a 72-hour
   87  dose of controlled substances for the treatment of chronic
   88  nonmalignant pain, the physician must document in the patient’s
   89  record the reason such dosage is within the standard of care.
   90  For the purpose of this paragraph, the standard of care is set
   91  forth in rule 64B8-9.013(3), Florida Administrative Code for
   92  prescribing or dispensing that quantity.
   93         (e)(d) A physician authorized to prescribe controlled
   94  substances who practices at a pain-management clinic is
   95  responsible for maintaining the control and security of his or
   96  her prescription blanks and any other method used for
   97  prescribing controlled substance pain medication. The physician
   98  shall comply with the requirements for counterfeit-resistant
   99  prescription blanks in s. 893.065 and the rules adopted pursuant
  100  to that section. The physician shall notify, in writing, the
  101  department within 24 hours following any theft or loss of a
  102  prescription blank or breach of any other method for prescribing
  103  pain medication.
  104         (f)(e) The designated physician of a pain-management clinic
  105  shall notify the applicable board in writing of the date of
  106  termination of employment within 10 days after terminating his
  107  or her employment with a pain-management clinic that is required
  108  to be registered under subsection (1).
  109  
  110  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
  111         And the directory clause is amended as follows:
  112         Delete lines 496 - 499
  113  and insert:
  114         Section 7. Paragraph (a) of subsection (1) and subsection
  115  (2) of section 458.3265, Florida Statutes, are amended, and
  116  paragraphs (f) and (g) are added to subsection (5) of that
  117  section, to read:
  118  
  119  ================= T I T L E  A M E N D M E N T ================
  120         And the title is amended as follows:
  121         Delete lines 42 - 44
  122  and insert:
  123         as a pain-management clinic; specifying qualifications
  124         for a physician to practice medicine in a pain
  125         management clinic; requiring a physician, an