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218A.175 Pain management facilities -- Physician ownership required -- Additional
activities permitted to qualifying facilities -- Certification requirements -Payment for services rendered or goods provided -- Compliance with section as
additional licensure condition -- Penalty for violation.
(1) (a)
(b)
(2)
(a)
(b)
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.
"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, 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.
A facility qualifying for the exemption permitted by paragraph (a) of this
subsection whose ownership has been continuously held jointly and
exclusively by practitioners having full and active licenses to practice in
Kentucky since April 24, 2012, may, after June 24, 2015:
1.
Open and operate no more than two (2) additional facilities in locations
other than those locations existing and operating on April 24, 2012;
2.
Transfer whole or partial ownership between existing practitioner
owners;
3.
Transfer whole or partial ownership interests to new owners if the new
(3)
(4)
(5)
owners are physicians having full and active licenses to practice in
Kentucky and the facility notifies the cabinet of the transfer thirty (30)
days before it occurs; and
4.
Pass the ownership interest of a deceased former owner through that
person's estate to a physician having a full and active license to practice
in Kentucky without disqualifying the facility's grandfathered status
under this subsection if the facility notifies the cabinet of the transfer
thirty (30) days before it occurs in cases where the interest is being
transferred to a physician who is not an existing owner in the facility.
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
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
(6)
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: June 24, 2015
History: Amended 2015 Ky. Acts ch. 33, sec. 1, effective June 24, 2015. -- 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.
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