To provide minimum requirements for the registration of a pain management clinic.

 

DEPARTMENT OF HEALTH

Division of Medical Quality Assurance

RULE NO.:RULE TITLE:

64B-7.001Pain Management Clinic Registration Requirements; Responsibility of Designated Physician

PURPOSE AND EFFECT: To provide minimum requirements for the registration of a pain management clinic.

SUMMARY: The rule is being amended to add the web address for the application, to make changes to the application, and to incorporate language from Rule 64B-4.005, F.A.C. relating to inspections.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: Based on the SERC checklist, this rulemaking will not have an adverse impact or regulatory costs in excess of $1 million within five years as established in Section 120.541(2)(a), F.S.

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: 456.004, 458.3265(4), 459.0137(4) FS.

LAW IMPLEMENTED: 458.3265 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: André Ourso, Executive Director, 4052 Bald Cypress Way, Bin C-03, Tallahassee, FL 32399-3253, [phone] or [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B-7.001 Pain Management Clinic Registration Requirements; Responsibility of Designated Physician; Inspection and Registration Fees.

(1) Every clinic location, unless exempt under Section 458.3265(1) or 459.0137(1), F.S., must designate a physician and register and maintain a valid registration with the Department on Application to Register Pain Management Clinic, Form #DH-MQA 1219, revised 7/15, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No-Ref-#####.

(2) The clinic’s designated physician must have a full, active, clear and unencumbered license, which must be:

(a) A clear, active license as a medical doctor or osteopathic physician under Chapter 458 or 459, F.S., that is not designated as limited, restricted, retired, temporary, or training.

(b) A license with no restrictions on practice and no current disciplinary or other unsatisfied obligations imposed by the Board of Medicine, Board of Osteopathic Medicine, or the Department that limits or restricts the practice of medicine or osteopathic medicine, which includes suspension, probation, or any other restrictions on practice.

(3) To register with the Department, the designated physician must submit Application for Pain Management Clinic Registration, Form #DH-MQA 1219, 7/11, incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-00704 and www.flboardofmedicine.gov.

(4) The registration fee shall be $150.00, which is also required upon. The fee for change of physical location or of change of ownership shall be $150.

(5) The annual inspection fee shall be $1,500. Each clinic location will be assessed the fee at the time of inspection regardless of the number of physicians who share the location.

Rulemaking Authority 456.004(5), 458.3265(4), 459.0137(4) FS. Law Implemented 456.037, 456.0635, 458.3265, 459.0137 FS. History–New 11-24-11, Amended 11-5-14,___________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: André Ourso

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: John H. Armstrong, MD, FACS, Surgeon General and Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 20, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 12, 2015