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Regular Session, 2014 ENROLLED
SENATE BILL NO. 502
BY SENATOR HEITMEIER
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
or alcohol.18
(2)(b) The pain management clinic shall be operated by a medical director19
who shall be a physician.20
(3)(c) The pain management clinic shall not be owned, in whole or in part,21
ACT No. 714 SB NO. 502 ENROLLED
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by a person who has been convicted of or who has pled guilty or nolo contendere to1
an offense that constitutes a felony.2
(4)(d) The pain management clinic shall not be owned, in whole or in part,3
by a person who has been convicted of or who has pled guilty or nolo contendere to4
an offense that constitutes a misdemeanor, the facts of which relate to the5
distribution or illegal prescription of any narcotic.6
(5)(e) The pain management clinic shall operate as an urgent care facility,7
offering primary or acute health services in addition to caring for those with chronic8
pain and shall have held itself out to the public as such.9
(6)(f) The pain management clinic shall implement policies and procedures10
that are consistent with all pain management regulations issued by the State Board11
of Medical Examiners.12
(7)(g) A pain management clinic which is exempted from the requirement of13
being owned and operated by a physician certified in the subspeciality of pain14
management may relocate and continue to be exempted from the requirement of15
being owned and operated by a physician certified in the subspeciality of pain16
management if the new location is in the same parish in which the original clinic was17
located.18
(8)(h) All pain management clinics shall submit to the department all relevant19
documentation proving valid operation before June 15, 2005, including but not20
limited to occupational licenses or certificates of operation issued by local21
authorities.22
(2) A pain management clinic that is not licensed by or has not made an23
application to the department for licensure under this Part on or before August24
1, 2014, shall not be licensed under the exemption to Subsection A of this25
Section as provided for in this Subsection.26
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Section 2. This Act shall become effective upon signature by the governor or, if not28
signed by the governor, upon expiration of the time for bills to become law without signature29
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If30 SB NO. 502 ENROLLED
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vetoed by the governor and subsequently approved by the legislature, this Act shall become1
effective on the day following such approval.2
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: