Download as PDF
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
hospital-employed 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, any person employed
by the facility, or any person working at the facility as an independent
contractor 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
(4)
(5)
(6)
a 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;
(e) Have completed a fellowship in pain management or an accredited
residency program that included a rotation of at least five (5) months in
pain management; or
(f) If the facility is operating under a registration filed with the Kentucky
Board of Medical Licensure, have completed or hold, or be making
reasonable progress toward completing or holding, a certification or
training substantially equivalent to the certifications or training specified in
this subsection, as authorized by the Kentucky Board of Medical
Licensure by administrative regulation.
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:March 4, 2013
History: Amended 2013 Ky. Acts ch. 2, sec. 2, effective March 4, 2013. -- Created
2012 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 1, effective July 20, 2012.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.