FREQUENTLY ASKED QUESTIONS
Law in effect until October 1, 2010: s. 458.309, FS (MD) and s. 459.005, FS
(DO): All privately owned pain-management clinics/facilities/offices, not licensed under Chapter 395, which advertise in any medium for any type of pain-management services, or employ a physician who is primarily engaged in the treatment of pain by prescribing or dispensing controlled substance medications must register. Each clinic location must register separately even if the clinic/facility/office is operated under the same business name or management as another. The clinic must designate a physician, who practices pain management at the clinic, to register.
A physician is primarily engaged in the treatment of pain by prescribing or dispensing controlled substance medications when the majority of the patients seen are prescribed or dispensed controlled substance medications for the treatment of chronic nonmalignant pain. Chronic nonmalignant pain is pain unrelated to cancer which persists beyond the usual course of the disease or the injury that is the cause of the pain or more than 90 days after surgery.
A privately owned clinic, facility, or office that advertises in any medium for any type of pain management services or employs one or more physicians who are primarily engaged in the treatment of pain by prescribing or dispensing controlled substances is exempt from the registration provisions if the majority of the physicians who provide services in the clinic, facility, or office primarily provide surgical services.
| Q: | What happens if I am an MD or DO practicing in a pain management clinic that should register but hasn't registered? |
| A: | A Medical Doctor (MD) or Osteopathic Medical Doctor (DO) is subject to discipline if they practice in a pain management clinic that is required to register with the Department of Health and has not done so. Submission of an application is not approval. |
| Q: | Does the clinic/facility/office have to be inspected? |
| A: | Inspections are not conducted before registration, but will occur within a year of registration. The annual inspection fee of $1500.00 is due at the time of the inspection. No accrediting organizations have yet been approved by the Boards of Medicine and Osteopathic Medicine. Therefore, the "Inspection" option is the only option currently available in Section III of the application. |
| Q: | What are the requirements for registering? |
| A: | The application will have full instructions, including the requirements for registration and copies of relevant statutes and rules. The application fee is $150.00 |
| Q: | Are physicians practicing in a pain-management clinic required to have special training? |
| A: | Yes. Effective July 1, 2012 physicians practicing in pain-management clinics are required to meet the training requirement provided in rule 64B8-9.0131, F.A.C. |
| Q: | Why are pain management clinics being required to register before the Boards of Medicine and Osteopathic Medicine have developed the Standards for Physicians Practicing in Pain Management Clinics? |
| A: | The law provides that the registration of pain clinics is done by the Department of Health and the registration requirement begins on January 4, 2010. The law provides that developing the standards of practice for physicians practicing in registered pain management clinics is done by the Boards of Medicine and Osteopathic Medicine. The standards should be effective October 7, 2010 if no one challenges the rule. |
| Q: | Until the new standards are developed, what are the standards now for physicians prescribing or dispensing controlled substances for pain? |
| A: | The rule, Standards for the Use of Controlled Substances for the Treatment of Pain has been in place since 2002 for Medical Doctors (MDs) and 2006 for Osteopathic Physicians (DOs). These rules apply to all physicians whether practicing in a pain management clinic or in other practice settings. (see: MD Rule 64B8-9.013 or DO Rule 64B15—14.005, FAW) |
| Q: | If I would like to participate or send documentation for the Boards consideration during the rule making process, how would I do that? |
| A: | Please go to our web site (see directions below) for meeting dates. Please note that we request materials for a meeting be submitted 1 month prior to the meeting. The reason for this is to allow the Board Members time to read the materials by the meeting date. |
| Q: | Where can I find more information? |
| A: | You can go to the Board of Medicines web site for additional information. The web site is www.FLHealthSource.com Click on Provider/Licensee. Once there, click on the drop down box in the upper right hand corner and select Medicine and click Go. Then click on the Pain Clinic Registration and Inspection Program Link. Another option is to go to: http://flems.doh.state.fl.us/mailman/listinfo/boardofmedicine and join a no cost email program to automatically receive updates.
Law in effect until October 1, 2010: s. 458.309, FS (MD) and s. 459.005, FS
(DO): All privately owned pain-management clinics/facilities/offices, not licensed under Chapter 395, which advertise in any medium for any type of pain-management services, or employ a physician who is primarily engaged in the treatment of pain by prescribing or dispensing controlled substance medications must register. Each clinic location must register separately even if the clinic/facility/office is operated under the same business name or management as another. The clinic must designate a physician, who practices pain management at the clinic, to register. A physician is primarily engaged in the treatment of pain by prescribing or dispensing controlled substance medications when the majority of the patients seen are prescribed or dispensed controlled substance medications for the treatment of chronic nonmalignant pain. Chronic nonmalignant pain is pain unrelated to cancer which persists beyond the usual course of the disease or the injury that is the cause of the pain or more than 90 days after surgery. A privately owned clinic, facility, or office that advertises in any medium for any type of pain management services or employs one or more physicians who are primarily engaged in the treatment of pain by prescribing or dispensing controlled substances is exempt from the registration provisions if the majority of the physicians who provide services in the clinic, facility, or office primarily provide surgical services. |
| Q: | Am I exempt from registering as a pain clinic? |
| A: | You are exempt from registration if licensed under Chapter 395, F.S.
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| Q: | Who may own a pain-management clinic? |
| A: | It must be one of the following:
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| Q: | Can my pain-management clinic application be denied? |
| A: | Yes. The Department of Health shall deny registration if clinic is not owned by a fully licensed MD, DO; group of MDs or DOs; or registered under Chapter 400, F.S. and shall deny registration to any clinic owned by or with any contractual or employment relationship with a physician:
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| Q: | Are there other requirements I should be aware of? |
| A: | Yes.
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| Q: | How do I submit my quarterly data report? |
| A: | There are currently two ways to report quarterly data for your clinic. First, you can download, print and fill out our Pain Management Clinic Data Reporting form. Once it is completed, mail it in to the following address:
Florida Board of MedicineOr, the Designated Physician of the clinic may file the report online. Here's how.
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Quarterly Data Reporting Schedule
| Quarter | Reporting Period |
| Jan 1 - Mar 31 | Apr 1 -Apr 30 |
| Apr 1- Jun 30 | Jul 1 - Jul 30 |
| Jul 1 - Sep 30 | Oct 1 - Oct 30 |
| Oct 1 - Dec 31 | Jan 1- Jan 30 |
| MISSION: | To protect, promote & improve the health of all people in Florida through integrated state, county, & community efforts. |
| VISION: | To be the Healthiest State in the Nation |
| PURPOSE: | To protect the public and make Florida the healthiest state in the nation through health care licensure, enforcement, and information. |
| FOCUS: | To be the nation's leader in quality health care regulation. |
| VALUES: | I CARE (Innovation, Collaboration, Accountability, Responsiveness, Excellence) |
