Heitmeier (SB 502) Act No. 714
Prior law provided 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.
Prior law provided 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
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.
New law amends the prior law to provide the prior law exemption for licensure shall not
apply to a pain management clinic that is not licensed by or has not made an application to
DHH for licensure on or before August 1, 2014.
Effective upon signature of the governor (June 18, 2014).
(Amends R.S.40:2198.12(D))