The proposed rule is intended to set forth the maximum number of prescriptions for Schedule II or Schedule III controlled substances, or the controlled substance Alprazolam, which may be written by a physician at any one registered pain management ...  


  • Rule No. : RULE TITLE :
    64B8-9.0134: Maximum Number of Prescriptions in Registered Pain Management Clinics
    PURPOSE AND EFFECT: The proposed rule is intended to set forth the maximum number of prescriptions for Schedule II or Schedule III controlled substances, or the controlled substance Alprazolam, which may be written by a physician at any one registered pain management clinic during a 24-hour period.
    SUMMARY: The proposed rule sets forth 150 as the maximum number of prescriptions which may be written by a physician for Schedule II or III controlled substances, or the controlled substance Alprazolam, at a pain management clinic during any 24-hour period. The rule additionally sets forth a formula for calculating the maximum number of prescriptions for those physicians who practice less than 8 hours a day in the pain management clinic.
    SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: A Statement of Estimated Regulatory Cost (SERC) was prepared by the Center of Economic Forecasting and Analysis at Florida State University. Essentially, the SERC finds that the proposed rule is likely to increase regulatory costs, including transactional costs, in excess of $1 million in the aggregate within 5 years after implementation of the rule. The SERC was based upon the 932 pain management clinics registered in Florida at the time the SERC was prepared. A good faith estimate of the transactional costs likely to be incurred by individuals and entities, including government entities, required to comply with the rule is $1,000 per pain management clinic per year, for a statewide total of $932,000 per year.
    Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
    RULEMAKING AUTHORITY: 458.3265(4)(c) FS.
    LAW IMPLEMENTED: 458.3265(4)(c) FS.
    IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Larry McPherson, Jr., Executive Director, Board of Medicine/MQA, 4052 Bald Cypress Way, Bin #C03, Tallahassee, Florida 32399-3253

    THE FULL TEXT OF THE PROPOSED RULE IS:

    64B8-9.0134 Maximum Number of Prescriptions in Registered Pain Management Clinics.

    THE LIMIT ON THE MAXIMUM NUMBER OF PRESCRIPTIONS SET FORTH IN THIS RULE DOES NOT SUPERCEDE THE STANDARD OF CARE FOR THE USE OF CONTROLLED SUBSTANCES FOR THE TREATMENT OF PAIN. The maximum number of prescriptions for Schedule II or Schedule III controlled substances or the controlled substance Alprazolam, which may be written at any one registered pain management clinic during any 24-hour period shall be no more than an average of three prescriptions per patient per physician working at the pain management clinic up to a maximum of 150 prescriptions per physician. In the event that the physician is working less than 8 hours per day in the pain management clinic, the maximum number of prescriptions per physician shall be based upon the following formula: the number of hours worked divided by 8, then multiplied by 150 [(# of hours/8) X 150 = maximum # of prescriptions]. A “do not fill before dated” prescription will not be counted toward the daily limit until the first date the prescription is eligible to be filled.

    Rulemaking Authority 458.3265(4)(c) FS. Law Implemented 458.3265(4)(c) FS. History–New________.


    NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Medicine and Board of Osteopathic Medicine Pain Management Clinic Standards of Practice Joint Committee
    NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Medicine
    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 21, 2011
    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 29, 2010

Document Information

Comments Open:
2/18/2011
Summary:
The proposed rule sets forth 150 as the maximum number of prescriptions which may be written by a physician for Schedule II or III controlled substances, or the controlled substance Alprazolam, at a pain management clinic during any 24-hour period. The rule additionally sets forth a formula for calculating the maximum number of prescriptions for those physicians who practice less than 8 hours a day in the pain management clinic.
Purpose:
The proposed rule is intended to set forth the maximum number of prescriptions for Schedule II or Schedule III controlled substances, or the controlled substance Alprazolam, which may be written by a physician at any one registered pain management clinic during a 24-hour period.
Rulemaking Authority:
458.3265(4)(c) FS.
Law:
458.3265(4)(c) FS.
Contact:
Larry McPherson, Jr., Executive Director, Board of Medicine/MQA, 4052 Bald Cypress Way, Bin #C03, Tallahassee, Florida 32399-3253
Related Rules: (1)
64B8-9.0134.