Florida Senate - 2013                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 966
       
       
       
       
       
       
                                Barcode 119008                          
       
                              LEGISLATIVE ACTION                        
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       Senator Grimsley moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 3836 - 3871
    4  and insert:
    5  the licensure, standards of practice, and operation of pain
    6  management clinics as defined in ss. 458.3265 and 459.0137 in
    7  the following circumstances:
    8         (a) The clinic is wholly owned and operated by a physician
    9  who performs interventional pain procedures of the type
   10  routinely billed using surgical codes, who has never been
   11  suspended or revoked for prescribing a controlled substance in
   12  Schedule II or Schedule III of s. 893.03 and drugs containing
   13  Alprazolam in excessive or inappropriate quantities that are not
   14  in the best interest of a patient, and who:
   15         1. Has completed a fellowship in pain medicine which is
   16  approved by the Accreditation Council for Graduate Medical
   17  Education or the American Osteopathic Association;
   18         2. Is board-certified in pain medicine by the American
   19  Board of Pain Medicine, board-certified by the American Board of
   20  Interventional Pain Physicians; or
   21         3. Has a board certification or subcertification in pain
   22  management or pain medicine by a specialty board approved by the
   23  American Board of Medical Specialties or the American
   24  Osteopathic Association.
   25         (b) The clinic is wholly owned and operated by a physician
   26  multispecialty practice if one or more board-eligible or board
   27  certified medical specialists has one of the qualifications
   28  specified in subparagraph (a)1., subparagraph (a)2., or
   29  subparagraph (a)3., performs interventional pain procedures of
   30  the type routinely billed using surgical codes, and has never
   31  been suspended or revoked for prescribing a controlled substance
   32  in Schedule II or Schedule III of s. 893.03 and drugs containing
   33  Alprazolam in excessive or inappropriate quantities that are not
   34  in the best interest of a patient.
   35         (2) Notwithstanding subsection (1), the preemption does not
   36  prohibit a local government or political subdivision from
   37  enacting an ordinance regarding local business taxes adopted
   38  pursuant to chapter 205, any other local levy, charge, or fee
   39  applied to businesses currently authorized by general law or the
   40  Florida Constitution, and land use development regulations
   41  adopted pursuant to chapter 163. A pain-management clinic in
   42  which the regulation of its licensure, standards of practice,
   43  and operation
   44  
   45  ================= T I T L E  A M E N D M E N T ================
   46         And the title is amended as follows:
   47         Delete lines 356 - 361
   48  and insert:
   49         licensure, standards of practice, and operation of
   50         pain-management clinics is preempted to the state
   51         under certain circumstances; authorizing a local
   52         government or political subdivision of the state to
   53         enact certain ordinances; providing an effective date.