SLS 14RS-243 ENGROSSED
Page 1 of 4
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2014
SENATE BILL NO. 502
BY SENATOR HEITMEIER
HEALTH CARE. Provides for the licensure of pain management clinics. (gov sig)
AN ACT1
To amend and reenact R.S. 40:2198.12 (D), relative to licensure of pain management clinics;2
to provide for the expiration of a licensure exemption; to provide for an effective3
date; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 40:2198.12(D) is hereby amended and reenacted to read as follows:6
ยง2198.12. Licensure of pain management clinics; rules and regulations7
* * *8
D. (1) The following shall apply to pain management clinics operating on or9
before June 15, 2005, pursuant to an occupational license or certificate of operation10
which has not been suspended or revoked:11
(1)(a) The pain management clinic shall not be owned, either in whole or in12
part, by or have any contractual relationship, whether through employment or by13
independent contract, with a physician who during the course of his practice has been14
denied the privilege of prescribing, dispensing, administering, supplying, or selling15
any controlled dangerous substance and who has, during the course of his practice16
had board action taken against his medical license as a result of dependency on drugs17 SB NO. 502
SLS 14RS-243 ENGROSSED
Page 2 of 4
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
or alcohol.1
(2)(b) The pain management clinic shall be operated by a medical director2
who shall be a physician.3
(3)(c) The pain management clinic shall not be owned in whole or in part by4
a person who has been convicted of or who has pled guilty or nolo contendere to an5
offense that constitutes a felony.6
(4)(d) The pain management clinic shall not be owned in whole or in part by7
a person who has been convicted of or who has pled guilty or nolo contendere to an8
offense that constitutes a misdemeanor, the facts of which relate to the distribution9
or illegal prescription of any narcotic.10
(5)(e) The pain management clinic shall operate as an urgent care facility,11
offering primary or acute health services in addition to caring for those with chronic12
pain and shall have held itself out to the public as such.13
(6)(f) The pain management clinic shall implement policies and procedures14
that are consistent with all pain management regulations issued by the State Board15
of Medical Examiners.16
(7)(g) A pain management clinic which is exempted from the requirement of17
being owned and operated by a physician certified in the subspeciality of pain18
management may relocate and continue to be exempted from the requirement of19
being owned and operated by a physician certified in the subspeciality of pain20
management if the new location is in the same parish in which the original clinic was21
located.22
(8)(h) All pain management clinics shall submit to the department all relevant23
documentation proving valid operation before June 15, 2005, including but not24
limited to occupational licenses or certificates of operation issued by local25
authorities.26
(2) A pain management clinic that is not licensed by or has not made an27
application to the department for licensure under this Part on or before August28
1, 2014, shall not be licensed under the exemption to Subsection A of this29 SB NO. 502
SLS 14RS-243 ENGROSSED
Page 3 of 4
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Section as provided for in this Subsection.1
* * *2
Section 2. This Act shall become effective upon signature by the governor or, if not3
signed by the governor, upon expiration of the time for bills to become law without signature4
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If5
vetoed by the governor and subsequently approved by the legislature, this Act shall become6
effective on the day following such approval.7
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Christopher D. Adams.
DIGEST
Heitmeier (SB 502)
Present law provides that certain pain management clinics operating on or before June 15,
2005, may be licensed by Department of Health and Hospitals if their license has not been
suspended or revoked.
Present law provides the following qualifiers:
(1)The pain management clinic shall not be owned, either in whole or in part, by or
have any contractual relationship, whether through employment or by independent
contract, with a physician who during the course of his practice has been denied the
privilege of prescribing, dispensing, administering, supplying, or selling any
controlled dangerous substance and who has, during the course of his practice had
board action taken against his medical license as a result of dependency on drugs or
alcohol.
(2)The pain management clinic shall be operated by a medical director who shall be a
physician.
(3)The pain management clinic shall not be owned in whole or in part by a person who
has been convicted of or who has pled guilty or nolo contendere to an offense that
constitutes a felony.
(4)The pain management clinic shall not be owned in whole or in part by a person who
has been convicted of or who has pled guilty or nolo contendere to an offense that
constitutes a misdemeanor, the facts of which relate to the distribution or illegal
prescription of any narcotic.
(5)The pain management clinic shall operate as an urgent care facility, offering primary
or acute health services in addition to caring for those with chronic pain and shall
have held itself out to the public as such.
(6)The pain management clinic shall implement policies and procedures that are
consistent with all pain management regulations issued by the State Board of
Medical Examiners.
(7)A pain management clinic which is exempted from the requirement of being owned
and operated by a physician certified in the subspeciality of pain management may
relocate and continue to be exempted from the requirement of being owned and SB NO. 502
SLS 14RS-243 ENGROSSED
Page 4 of 4
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
operated by a physician certified in the subspeciality of pain management if the new
location is in the same parish in which the original clinic was located.
(8)All pain management clinics shall submit to the department all relevant
documentation proving valid operation before June 15, 2005, including but not
limited to occupational licenses or certificates of operation issued by local
authorities.
Proposed law amends the present law to provide the present law exemption for licensure
shall not apply to a pain management clinic that is not licensed by or has not made an
application to the Department of Health and Hospitals for licensure on or before August 1,
2014.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S.40:2198.12(D))