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The Florida Department of Health works to protect, promote & improve the health of all people in Florida through integrated state, county, & community efforts.

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Q:

What happens if I am an MD or DO practicing in a pain management clinic that should register but hasn't registered?

A:

 A Medical Doctor (MD) or Osteopathic Medical Doctor (DO) is subject to discipline if they practice in a pain management clinic that is required to register with the Department of Health and has not done so. Submission of an application is not approval.

Q:

Does the clinic/facility/office have to be inspected?

A:

Inspections are not conducted before registration, but will occur within a year of registration. The annual inspection fee of $1500.00 is due at the time of the inspection. No accrediting organizations have yet been approved by the Boards of Medicine and Osteopathic Medicine. Therefore, the "Inspection" option is the only option currently available in Section III of the application.

Q:

What are the requirements for registering?

A:

The application will have full instructions, including the requirements for registration and copies of relevant statutes and rules. The application fee is $150.00

Q:

Are physicians practicing in a pain-management clinic required to have special training?

A:

Yes. Effective July 1, 2012 physicians practicing in pain-management clinics are required to meet the training requirement provided in rule 64B8-9.0131, F.A.C. and 64B15-14.0051, F.A.C.

Q:

If I would like to participate or send documentation for the Boards consideration during the rule making process, how would I do that?

A:

Please go to our web site (see directions below) for meeting dates. Please note that we request materials for a meeting be submitted 1 month prior to the meeting. The reason for this is to allow the Board Members time to read the materials by the meeting date.

Q:

Where can I find more information?

A:

You can go to the Board of Medicines web site for additional information. The web site is www.FLHealthSource.com Click on Provider/Licensee. Once there, click on the drop down box in the upper right hand corner and select Medicine and click Go. Then click on the Pain Clinic Registration and Inspection Program Link. Another option is to go to: Board of Medicine and join a no cost email program to automatically receive updates. Law in effect until October 1, 2010: s. 458.309, FS (MD) and s. 459.005, FS (DO): All privately owned pain-management clinics/facilities/offices, not licensed under Chapter 395, which advertise in any medium for any type of pain-management services, or employ a physician who is primarily engaged in the treatment of pain by prescribing or dispensing controlled substance medications must register. Each clinic location must register separately even if the clinic/facility/office is operated under the same business name or management as another. The clinic must designate a physician, who practices pain management at the clinic, to register.

A physician is primarily engaged in the treatment of pain by prescribing or dispensing controlled substance medications when the majority of the patients seen are prescribed or dispensed controlled substance medications for the treatment of chronic nonmalignant pain. Chronic nonmalignant pain is pain unrelated to cancer which persists beyond the usual course of the disease or the injury that is the cause of the pain or more than 90 days after surgery.

A privately owned clinic, facility, or office that advertises in any medium for any type of pain management services or employs one or more physicians who are primarily engaged in the treatment of pain by prescribing or dispensing controlled substances is exempt from the registration provisions if the majority of the physicians who provide services in the clinic, facility, or office primarily provide surgical services.

Q:

Am I exempt from registering as a pain clinic?

A:

You are exempt from registration if licensed under Chapter 395, F.S.

  • majority of physicians who provide services in the clinic provide surgical services
  • clinic is owned by a publicly held corporation whose shares are traded on a national exchange or on the over-the-counter market and whose total assets at the end of the corporation's most recent fiscal quarter exceeded $50 million
  • clinic is affiliated with an accredited medical school at which training in provided for medical students, residents or fellows
  • clinic does not prescribe or dispense controlled substances for the treatment of pain
  • clinic is owned by a corporate entity exempt from federal taxation under 26 USC s. 501(c)(3)

Q:

Who may own a pain-management clinic?

A:

It must be one of the following:

  • MD and/or DO
  • group of MDs and/or DOs
  • registered under Section X of Chapter 400, F.S. (AHCA)
  • Any change in ownership requires new application

Q:

Can my pain-management clinic application be denied?

A:

Yes. The Department of Health shall deny registration if clinic is not owned by a fully licensed MD, DO; group of MDs or DOs; or registered under Chapter 400, F.S. and shall deny registration to any clinic owned by or with any contractual or employment relationship with a physician:

  • whose DEA number has been revoked
  • whose application for license to prescribe, dispense, or administer a controlled substance has been denied by any jurisdiction
  • who has been convicted of or plead guilty or nolo contendere to, regardless of adjudication, an offense that constitutes a felony for receipt of illicit and diverted drugs, including a controlled substance listed under Schedule I, II, III, IV, or V of s. 893.03, F.S. in this state, any other state, or jurisdiction of the United States

Q:

Are there other requirements I should be aware of?

A:

Yes.

  • requires physical exam must be performed on the same day the physician prescribes or dispenses a controlled substance
  • if prescribing or dispensing more than a 72 hours supply of controlled substances for non-malignant pain, the physician must document the reason in patient's medical record
  • each physician is responsible for maintaining control and security of prescription blanks and any other method used for prescribing controlled substances
  • each physician must use counterfeit resistant prescription blanks
  • all physicians must notify the Department within 24 hours of any theft or loss of a prescription blank or breach of any other method for prescribing pain medication
  • all dispensing must be done but by the MD or DO

Q:

How do I submit my quarterly data report?

A:

  • Step 2 - The DP clicks on the link entitled "Pain Management Clinic Quarterly Report." This will bring up the online Quarterly Data Reporting form. Follow the online instructions for filling it out and submitting the data. Be sure to print your confirmation page! You'll want to keep these on file for inspections.
  • Step 3 - The DP may repeat this process for every clinic for which they are registered as the DP. When finished, just log out and close your Internet browser.

If you report late you will not be able to use the online reporting system. You will need to complete the form and mail it to the following address:

Florida Board of Medicine
4052 Bald Cypress Way, Bin C-03
Tallahassee, FL 32399-3253