The department determined that the portions of the rule that do not relate to fees need to be moved to another rule chapter.

DEPARTMENT OF HEALTH
Division of Medical Quality Assurance

Rule No.: RULE TITLE
64B-4.006: Pain Management Clinic Registration Requirements, Fees
PURPOSE AND EFFECT: The department determined that the portions of the rule that do not relate to fees need to be moved to another rule chapter.
SUMMARY: This rule deletes text regarding pain-management clinic registration which is part of a different rule. It clarifies that the $145 registration fee is required at initial clinic registration and also is required when there is a change of owner or address.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 456.004, 458.3265(4), 459.0137(4) FS.
LAW IMPLEMENTED: 458.3265, 459.0137 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Larry McPherson, Executive Director, Division of Medical Quality Assurance, 4052 Bald Cypress Way, Bin #C03, Tallahassee, Florida 32399-3253

THE FULL TEXT OF THE PROPOSED RULE IS:

64B-4.006 Pain Management Clinic Registration Requirements, Fees.

(1) Registration Requirements.

(a) Every practice location prescribing or dispensing Schedule II-IV controlled substances as defined in Sections 458.309(4), (5) and 459.005(3), (4), F.S., must register and maintain a valid registration with the Department. To register with the Department, the medical director of a health care clinic licensed pursuant to Chapter 400, F.S., or if the clinic is not licensed pursuant to Chapter 395 or 400, F.S., the clinic’s responsible physician who has an active, full, and unencumbered license issued pursuant to Chapter 458 or 459, F.S., must submit Application for Pain Management Clinic Registration, Form #DH-MQA 1219, effective 10/09, incorporated herein by reference. This form can be obtained from the Department of Health, Division of Medical Quality Assurance, at: 4052 Bald Cypress Way, Bin C-01, Tallahassee, FL 32399 or on the Board of Medicine or Board of Osteopathic Medicine website, which can be accessed at: www.doh.state.fl.us/mqa.

(b) The medical director or the designated physician registering the clinic is required to agree to having read Rule 64B8-9.013, F.A.C. Standards for the Use of Controlled Substances for the Treatment of Pain, or Rule 64B15-14.009, F.A.C. Standards for Office Based Opioid Addiction Treatment, and that all physicians practicing in the clinic have been or will be provided with a copy of the rule prior to prescribing or dispensing controlled substance pain medications in the clinic.

(2) Fees.

(1)(a) The registration fee shall be $145.00, and this fee also is required upon change of physical location or change of ownership.

(2)(b) An additional five dollar ($5.00) fee shall be added to the cost of registration to cover unlicensed activity, as required by Section 456.065(3), F.S.

Rulemaking Authority 456.004, 458.3265(4), 458.309, 459.0137(4), 459.005 FS. Law Implemented 458.3265, 458.309, 459.0137, 459.005 FS. History–New 1-5-10, Amended________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Larry McPherson
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Ana M. Viamonte Ros, M.D. M.P.H.
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 28, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 6, 2010