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218A.175 Pain management facilities -- Physician ownership required -Certification requirements -- Payment for services rendered or goods provided
-- Compliance with section as additional licensure condition -- Penalty for
violation.
(1) (a)
(2)
(3)
As used in this section, "pain management facility" means a facility where the
majority of patients of the practitioners at the facility are provided treatment
for pain that includes the use of controlled substances and:
1.
The facility's primary practice component is the treatment of pain; or
2.
The facility advertises in any medium for any type of pain management
services.
(b) "Pain management facility" does not include the following:
1.
A hospital, including a critical access hospital, as defined in KRS
Chapter 216, a facility owned by the hospital, or the office of a hospitalemployed physician;
2.
A school, college, university, or other educational institution or program
to the extent that it provides instruction to individuals preparing to
practice as physicians, podiatrists, dentists, nurses, physician assistants,
optometrists, or veterinarians;
3.
A hospice program or residential hospice facility licensed under KRS
Chapter 216B;
4.
An ambulatory surgical center licensed under KRS Chapter 216B; or
5.
A long-term-care facility as defined in KRS 216.510.
Only a physician having a full and active license to practice medicine issued under
KRS Chapter 311 shall have an ownership or investment interest in a pain
management facility. Credit extended by a financial institution as defined in KRS
136.500 to the facility shall not be deemed an investment interest under this
subsection. This ownership or investment requirement shall not be enforced against
any pain management facility existing and operating on April 24, 2012, unless there
is an administrative sanction or criminal conviction relating to controlled substances
imposed on the facility or any person employed by the facility for an act or omission
done within the scope of the facility's licensure or the person's employment.
Regardless of the form of facility ownership, beginning on July 20, 2012, at least
one (1) of the owners or an owner's designee who is a physician employed by and
under the supervision of the owner shall be physically present practicing medicine
in the facility for at least fifty percent (50%) of the time that patients are present in
the facility, and that physician owner or designee shall:
(a) Hold a current subspecialty certification in pain management by a member
board of the American Board of Medical Specialties, or hold a current
certificate of added qualification in pain management by the American
Osteopathic Association Bureau of Osteopathic Specialists;
(b) Hold a current subspecialty certification in hospice and palliative medicine by
a member board of the American Board of Medical Specialties, or hold a
(4)
(5)
(6)
current certificate of added qualification in hospice and palliative medicine by
the American Osteopathic Association Bureau of Osteopathic Specialists;
(c) Hold a current board certification by the American Board of Pain Medicine;
(d) Hold a current board certification by the American Board of Interventional
Pain Physicians; or
(e) Have completed an accredited residency or fellowship in pain management.
A pain management facility shall accept private health insurance as one (1) of the
facility's allowable forms of payment for goods or services provided and shall
accept payment for services rendered or goods provided to a patient only from the
patient or the patient's insurer, guarantor, spouse, parent, guardian, or legal
custodian.
If the pain management facility is operating under a license issued by the cabinet,
the cabinet shall include and enforce the provisions of this section as additional
conditions of that licensure. If the pain management facility is operating as the
private office or clinic of a physician under KRS 216B.020(2), the Kentucky Board
of Medical Licensure shall enforce the provisions of this section. The provisions of
this subsection shall not apply to the investigation or enforcement of criminal
liability.
Any person who violates the provisions of this section shall be guilty of a Class A
misdemeanor.
Effective: July 20, 2012
History: Created 2012 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 1, effective July 20,
2012.
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