2015 Tennessee Code
Title 63 - Professions Of The Healing Arts
Chapter 1 - Division of Health Related Boards
Part 3 - Pain Management Clinics
§ Second - of 2 versions of this section
63-1-309. Disclosures -- Restrictions on ownership -- Documentation of controlled substances dispensed or prescribed -- Required medical director hours. [Effective on July 1, 2016. See the version effective until July 1, 2016.]
(a) (1) In the application for a certificate or within ten (10) days of the occurrence of any of the events listed in subdivisions (a)(1)(A)-(C), a pain management clinic shall disclose whether any person who owns, co-owns or operates, or otherwise provides services in the clinic, an employee of the clinic, or a person with whom the clinic contracts for services:
(A) Has ever been denied, by any jurisdiction, a license under which the person may prescribe, dispense, administer, supply or sell a controlled substance;
(B) Has ever held a license issued by any jurisdiction, under which the person may prescribe, dispense, administer, supply or sell a controlled substance that has been restricted; or
(C) Has ever been subject to disciplinary action by any licensing entity for conduct that was the result of inappropriately prescribing, dispensing, administering, supplying or selling a controlled substance.
(2) The department may deny a certificate or renewal of a certificate to a pain management clinic under any of the circumstances listed in subdivision (a)(1). An applicant who is denied a certificate or a renewal of a certificate may appeal the decision in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(b) A pain management clinic may not be owned wholly or partly by a person who has been convicted of, pled nolo contendere to, or received deferred adjudication for:
(1) An offense that constitutes a felony; or
(2) An offense that constitutes a misdemeanor, the facts of which relate to the distribution of illegal prescription drugs or a controlled substance or controlled substance analogue as defined in § 39-17-402.
(c) If any practitioner providing services at a pain management clinic prescribes more than a seventy-two-hour dose of controlled substances for the treatment of chronic nonmalignant pain, the practitioner must document in the patient's record the reason for prescribing that quantity.
(d) A medical director shall be on-site at least twenty percent (20%) of the clinic's weekly total number of operating hours. A medical director shall serve as medical director and provide services for no more than four (4) pain management clinics.
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