November 25, 2020
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_h0671__
HB 671

1
A bill to be entitled
2An act relating to pain-management clinics; amending ss.
3458.309 and 459.005, F.S.; deleting provisions related to
4pain-management clinics; creating ss. 458.3265 and
5459.0137, F.S.; requiring privately owned pain-management
6clinics to be registered with the Department of Health by
7a specified date; prohibiting a physician from practicing
8in a pain-management clinic that is not registered with
9the department; requiring that the Department of Health
10refuse to issue a certificate of registration to or revoke
11the registration of certain pain-management clinics that
12are owned, directly or indirectly, by a person who has
13been convicted of a felony; defining the term "convicted"
14for purposes of this provision; designating persons who
15are responsible for registering a clinic; providing
16requirements for a physician who registers a clinic;
17requiring the department to annually inspect a registered
18clinic; providing for the automatic expiration of a
19registration; requiring payment of costs for registration
20and inspection or accreditation; requiring the Board of
21Medicine and the Board of Osteopathic Medicine to adopt
22rules setting forth standards of practice in privately
23owned pain-management clinics; providing criteria for
24physicians that practice pain-management; defining the
25term "chronic nonmalignant pain"; providing that certain
26pain-management clinics are exempt from registration
27requirements under certain conditions; defining the term
28"parties affiliated with a pain-management clinic";
29providing requirements for registering a pain-management
30clinic; requiring the Department of Health to submit
31fingerprints of an applicant for initial registration or
32renewal of a registration to the Department of Law
33Enforcement and the Federal Bureau of Investigation for a
34criminal record check; providing that applicants are not
35required to submit a set of fingerprints to the Department
36of Health for a criminal record check under certain
37conditions; providing an effective date.
38
39Be It Enacted by the Legislature of the State of Florida:
40
41     Section 1.  Section 458.309, Florida Statutes, is amended
42to read:
43     458.309  Rulemaking authority.-
44     (1)  The board may has authority to adopt rules pursuant to
45ss. 120.536(1) and 120.54 to implement the provisions of this
46chapter conferring duties upon it.
47     (2)(a)  Any rules which the board adopts relating to the
48classroom phase of medical education shall not apply to any
49person who is enrolled in the classroom phase of medical
50education or has graduated prior to or at the time the rule
51becomes effective, so long as such person does not interrupt his
52or her medical education.
53     (b)1.  Any rules which the board adopts relating to the
54clinical clerkship phase of medical education shall not apply to
55any person who is enrolled in the clinical clerkship phase of
56medical education prior to or at the time the rule becomes
57effective, so long as such person does not interrupt his or her
58medical education.
59     2.  Rules adopted by the Florida Board of Medical Examiners
60prior to October 1, 1986, and relating to clinical clerkships
61for graduates of foreign medical schools do not apply to any
62such graduate who:
63     a.  Had completed a clinical clerkship prior to the
64effective date of the rule; or
65     b.  Had begun a clinical clerkship but had not completed
66the clinical clerkship prior to the effective date of the rule,
67so long as the clinical clerkship took no longer than 3 years to
68complete.
69     (c)  Any rules which the board adopts relating to residency
70shall not apply to any person who has begun his or her residency
71prior to or at the time the rule becomes effective, so long as
72such person does not interrupt the residency.
73     (3)  All physicians who perform level 2 procedures lasting
74more than 5 minutes and all level 3 surgical procedures in an
75office setting must register the office with the department
76unless that office is licensed as a facility pursuant to chapter
77395. The department shall inspect the physician's office
78annually unless the office is accredited by a nationally
79recognized accrediting agency or an accrediting organization
80subsequently approved by the Board of Medicine. The actual costs
81for registration and inspection or accreditation shall be paid
82by the person seeking to register and operate the office setting
83in which office surgery is performed.
84     (4)  All privately owned pain-management clinics,
85facilities, or offices, hereinafter referred to as "clinics,"
86which advertise in any medium for any type of pain-management
87services, or employ a physician who is primarily engaged in the
88treatment of pain by prescribing or dispensing controlled
89substance medications, must register with the department by
90January 4, 2010, unless that clinic is licensed as a facility
91pursuant to chapter 395. A physician may not practice medicine
92in a pain-management clinic that is required to but has not
93registered with the department. Each clinic location shall be
94registered separately regardless of whether the clinic is
95operated under the same business name or management as another
96clinic. If the clinic is licensed as a health care clinic under
97chapter 400, the medical director is responsible for registering
98the facility with the department. If the clinic is not
99registered pursuant to chapter 395 or chapter 400, the clinic
100shall, upon registration with the department, designate a
101physician who is responsible for complying with all requirements
102related to registration of the clinic. The designated physician
103shall be licensed under this chapter or chapter 459 and shall
104practice at the office location for which the physician has
105assumed responsibility. The department shall inspect the clinic
106annually to ensure that it complies with rules of the Board of
107Medicine adopted pursuant to this subsection and subsection (5)
108unless the office is accredited by a nationally recognized
109accrediting agency approved by the Board of Medicine. The actual
110costs for registration and inspection or accreditation shall be
111paid by the physician seeking to register the clinic.
112     (5)  The Board of Medicine shall adopt rules setting forth
113standards of practice for physicians practicing in privately
114owned pain-management clinics that primarily engage in the
115treatment of pain by prescribing or dispensing controlled
116substance medications. Such rules shall address, but need not be
117limited to, the following subjects:
118     (a)  Facility operations;
119     (b)  Physical operations;
120     (c)  Infection control requirements;
121     (d)  Health and safety requirements;
122     (e)  Quality assurance requirements;
123     (f)  Patient records;
124     (g)  Training requirements for all facility health care
125practitioners who are not regulated by another board;
126     (h)  Inspections; and
127     (i)  Data collection and reporting requirements.
128
129A physician is primarily engaged in the treatment of pain by
130prescribing or dispensing controlled substance medications when
131the majority of the patients seen are prescribed or dispensed
132controlled substance medications for the treatment of chronic
133nonmalignant pain. Chronic nonmalignant pain is pain unrelated
134to cancer which persists beyond the usual course of the disease
135or the injury that is the cause of the pain or more than 90 days
136after surgery.
137     (6)  A privately owned clinic, facility, or office that
138advertises in any medium for any type of pain-management
139services or employs one or more physicians who are primarily
140engaged in the treatment of pain by prescribing or dispensing
141controlled substances is exempt from the registration provisions
142in subsection (4) if the majority of the physicians who provide
143services in the clinic, facility, or office primarily provide
144surgical services.
145     Section 2.  Section 459.005, Florida Statutes, is amended
146to read:
147     459.005  Rulemaking authority.-
148     (1)  The board may has authority to adopt rules pursuant to
149ss. 120.536(1) and 120.54 to implement the provisions of this
150chapter conferring duties upon it.
151     (2)  All physicians who perform level 2 procedures lasting
152more than 5 minutes and all level 3 surgical procedures in an
153office setting must register the office with the department
154unless that office is licensed as a facility pursuant to chapter
155395. The department shall inspect the physician's office
156annually unless the office is accredited by a nationally
157recognized accrediting agency or an accrediting organization
158subsequently approved by the Board of Osteopathic Medicine. The
159actual costs for registration and inspection or accreditation
160shall be paid by the person seeking to register and operate the
161office setting in which office surgery is performed.
162     (3)  All privately owned pain-management clinics,
163facilities, or offices, hereinafter referred to as "clinics,"
164which advertise in any medium for any type of pain-management
165services, or employ a physician who is licensed under this
166chapter and who is primarily engaged in the treatment of pain by
167prescribing or dispensing controlled substance medications, must
168register with the department by January 4, 2010, unless that
169clinic is licensed as a facility under chapter 395. A physician
170may not practice osteopathic medicine in a pain-management
171clinic that is required to but has not registered with the
172department. Each clinic location shall be registered separately
173regardless of whether the clinic is operated under the same
174business name or management as another clinic. If the clinic is
175licensed as a health care clinic under chapter 400, the medical
176director is responsible for registering the facility with the
177department. If the clinic is not registered under chapter 395 or
178chapter 400, the clinic shall, upon registration with the
179department, designate a physician who is responsible for
180complying with all requirements related to registration of the
181clinic. The designated physician shall be licensed under chapter
182458 or this chapter and shall practice at the office location
183for which the physician has assumed responsibility. The
184department shall inspect the clinic annually to ensure that it
185complies with rules of the Board of Osteopathic Medicine adopted
186pursuant to this subsection and subsection (4) unless the office
187is accredited by a nationally recognized accrediting agency
188approved by the Board of Osteopathic Medicine. The actual costs
189for registration and inspection or accreditation shall be paid
190by the physician seeking to register the clinic.
191     (4)  The Board of Osteopathic Medicine shall adopt rules
192setting forth standards of practice for physicians who practice
193in privately owned pain-management clinics that primarily engage
194in the treatment of pain by prescribing or dispensing controlled
195substance medications. Such rules shall address, but need not be
196limited to, the following subjects:
197     (a)  Facility operations;
198     (b)  Physical operations;
199     (c)  Infection control requirements;
200     (d)  Health and safety requirements;
201     (e)  Quality assurance requirements;
202     (f)  Patient records;
203     (g)  Training requirements for all facility health care
204practitioners who are not regulated by another board;
205     (h)  Inspections; and
206     (i)  Data collection and reporting requirements.
207
208A physician is primarily engaged in the treatment of pain by
209prescribing or dispensing controlled substance medications when
210the majority of the patients seen are prescribed or dispensed
211controlled substance medications for the treatment of chronic
212nonmalignant pain. Chronic nonmalignant pain is pain unrelated
213to cancer which persists beyond the usual course of the disease
214or the injury that is the cause of the pain or more than 90 days
215after surgery.
216     (5)  A privately owned clinic, facility, or office that
217advertises in any medium for any type of pain-management
218services or employs one or more physicians who are primarily
219engaged in the treatment of pain by prescribing or dispensing
220controlled substances is exempt from the registration provisions
221in subsection (3) if the majority of the physicians who provide
222services in the clinic, facility, or office primarily provide
223surgical services.
224     Section 3.  Section 458.3265, Florida Statutes, is created
225to read:
226     458.3265  Pain-management clinics.-
227     (1)  With the exception of facilities licensed under
228chapter 395, all privately owned pain-management clinics,
229facilities, or offices that are primarily engaged in the
230treatment of pain by prescribing or dispensing controlled
231substance medications, referred to as "clinics" in this section,
232and advertise in any medium for any type of pain-management
233services, or that employ a physician who is primarily engaged in
234the treatment of pain by prescribing or dispensing controlled
235substance medications, must register with the department by
236January 4, 2010. A physician may not practice medicine in a
237pain-management clinic that is not registered with the
238department as required in this section. If the department finds
239that a privately owned pain-management clinic is owned, directly
240or indirectly, by a person who has been convicted of any felony
241in this state or any other state or the United States, the
242department shall refuse to issue a certificate of registration
243to the clinic or shall revoke a certificate of registration
244previously issued by the department. As used in this subsection,
245the term "convicted" includes an adjudication of guilt on a plea
246of guilty or nolo contendere, or the forfeiture of a bond when
247charged with a crime. Each clinic location shall be registered
248separately regardless of whether the clinic is operated under
249the same business name or management as another clinic. If the
250clinic is licensed as a health care clinic under chapter 400,
251the medical director is responsible for registering the facility
252with the department. If the clinic is not registered pursuant to
253chapter 395 or chapter 400, the clinic shall, upon registration
254with the department, designate a physician who is responsible
255for complying with all requirements related to registration of
256the clinic. The designated physician shall be licensed under
257this chapter or chapter 459 and shall practice at the office
258location for which the physician has assumed responsibility. The
259department shall inspect the clinic annually to ensure that it
260complies with rules of the board adopted pursuant to this
261subsection and subsection (2) unless the clinic is accredited by
262a nationally recognized accrediting agency approved by the
263board. Registration under this section automatically expires
264after 2 years without further action by the board or the
265department unless an application for renewal is approved by the
266board. The actual costs for registration and inspection or
267accreditation shall be paid by the physician seeking to register
268the clinic.
269     (2)  The board shall adopt rules setting forth standards of
270practice for physicians practicing in privately owned pain-
271management clinics that primarily engage in the treatment of
272pain by prescribing or dispensing controlled substance
273medications. Such rules shall address, but need not be limited
274to, the following:
275     (a)  Facility operations;
276     (b)  Physical operations;
277     (c)  Infection control requirements;
278     (d)  Health and safety requirements;
279     (e)  Quality assurance requirements;
280     (f)  Patient records;
281     (g)  Training requirements for all facility health care
282practitioners who are not regulated by another board;
283     (h)  Inspections; and
284     (i)  Data collection and reporting requirements.
285
286A physician is primarily engaged in the treatment of pain by
287prescribing or dispensing controlled substance medications when
288the majority of the patients seen are prescribed or dispensed
289controlled substance medications for the treatment of chronic
290nonmalignant pain. Chronic nonmalignant pain is pain unrelated
291to cancer which persists beyond the usual course of the disease
292or the injury that is the cause of the pain or more than 90 days
293after surgery.
294     (3)  A privately owned clinic, facility, or office that is
295primarily engaged in the treatment of pain by prescribing or
296dispensing controlled substance medications and advertises in
297any medium for any type of pain-management services, or that
298employs one or more physicians who are primarily engaged in the
299treatment of pain by prescribing or dispensing controlled
300substance medications, is exempt from the registration
301provisions in subsection (1) if the majority of the physicians
302who provide services in the clinic, facility, or office
303primarily provide surgical services.
304     (4)  As used in this section, the term "parties affiliated
305with a pain-management clinic" means:
306     (a)  A director, officer, trustee, partner, or committee
307member of a pain-management clinic or applicant or a subsidiary
308or service corporation of the pain-management clinic or
309applicant; or
310     (b)  A person who, directly or indirectly, manages,
311controls, or oversees the operation of a pain-management clinic
312or applicant, regardless of whether the person is a partner,
313shareholder, manager, member, officer, director, independent
314contractor, or employee of the pain-management clinic or
315applicant.
316     (5)  An application for initial or renewal registration of
317a pain-management clinic submitted to the department must
318include:
319     (a)  The name, full business address, and telephone number
320of the applicant.
321     (b)  All trade or business names used by the applicant.
322     (c)  The address, telephone numbers, and names of contact
323persons for each facility used by the applicant for the
324prescribing or dispensing of controlled substance medications in
325the treatment of pain.
326     (d)  The type of ownership or operation, such as a
327partnership, corporation, or sole proprietorship.
328     (e)  The names of the owner and the operator of the pain-
329management clinic, including:
330     1.  If an individual, the name of the individual.
331     2.  If a partnership, the name of each partner and the name
332of the partnership.
333     3.  If a corporation:
334     a.  The name, address, and title of each corporate officer
335and director.
336     b.  The name and address of the corporation and the
337resident agent of the corporation, the resident agent's address,
338and the corporation's state of incorporation.
339     c.  The name and address of each shareholder of the
340corporation that owns 5 percent or more of the outstanding stock
341of the corporation.
342     4.  If a sole proprietorship, the full name of the sole
343proprietor and the name of the business entity.
344     5.  If a limited liability company:
345     a.  The name and address of each member.
346     b.  The name and address of each manager.
347     c.  The name and address of the limited liability company,
348the resident agent of the limited liability company, and the
349name of the state in which the limited liability company was
350organized.
351     (f)  The tax year of the applicant.
352     (g)  A copy of the deed for the property on which the
353applicant's pain-management clinic is located, if the clinic is
354owned by the applicant, or a copy of the applicant's lease for
355the property on which the applicant's pain-management clinic is
356located, which must have an original term of not less than 1
357calendar year, if the pain-management clinic is not owned by the
358applicant.
359     (h)  A list of all licenses and permits issued to the
360applicant by any other state which authorize the applicant to
361purchase or possess prescription drugs.
362     (i)  The name of the manager of the pain-management clinic
363that is applying for the initial or renewal registration, the
364next four highest ranking employees responsible for operations
365of the pain-management clinic, the name of all parties
366affiliated with the pain-management clinic, and the personal
367information statement and fingerprints required under subsection
368(6) for each of these persons.
369     (6)(a)  Each person required by paragraph (5)(i) to provide
370a personal information statement and fingerprints shall provide
371the following information to the department on forms prescribed
372by the department:
373     1.  The person's places of residence for the past 7 years.
374     2.  The person's date and place of birth.
375     3.  The person's occupations, positions of employment, and
376offices held during the past 7 years.
377     4.  The principal business and address of any business,
378corporation, or other organization in which the person:
379     a.  Held an office during the past 7 years; or
380     b.  Had an occupation or position of employment during the
381past 7 years.
382     5.  Whether the person has been, during the past 7 years,
383the subject of any proceeding for the revocation of any license
384and, if so, the nature of the proceeding and the disposition of
385the proceeding.
386     6.  Whether, during the past 7 years, the person has been
387enjoined, temporarily or permanently, by a court of competent
388jurisdiction from violating any federal or state law regulating
389the possession, control, or distribution of prescription drugs,
390together with details concerning any such event.
391     7.  A description of any involvement by the person during
392the past 7 years, including any investments, other than the
393ownership of stock in a publicly traded company or mutual fund,
394with any business that manufactured, administered, prescribed,
395distributed, or stored pharmaceutical products and any lawsuits
396in which the businesses were named as a party.
397     8.  A description of any felony criminal offense of which
398the person, as an adult, was found guilty, regardless of whether
399adjudication of guilt was withheld or whether the person pled
400guilty or nolo contendere. A criminal offense committed in
401another jurisdiction which would have been a felony in this
402state must be reported. If the person indicates that a criminal
403conviction is under appeal and submits a copy of the notice of
404appeal of that criminal offense, the applicant shall, within 15
405days after the disposition of the appeal, submit to the
406department a copy of the final written order of disposition.
407     9.  A photograph of the person taken in the previous 30
408days.
409     10.  A set of fingerprints for the person on a form and
410under procedures specified by the department and payment of an
411amount equal to the costs incurred by the department for the
412criminal record check of the person.
413     11.  The name, address, occupation, and date and place of
414birth for each member of the person's immediate family who is 18
415years of age or older. As used in this subparagraph, the term
416"member of the person's immediate family" includes the person's
417spouse, children, parents, siblings, the spouses of the person's
418children, and the spouses of the person's siblings.
419     12.  Any other relevant information that the department
420requires.
421     (b)  The information required under paragraph (a) shall be
422provided under oath.
423     (c)1.  The department shall submit the fingerprints
424provided with an application for initial registration to the
425Department of Law Enforcement for a statewide criminal record
426check and for forwarding to the Federal Bureau of Investigation
427for a national criminal record check.
428     2.  For the initial renewal of a registration on or after
429January 1, 2010, the department shall submit the fingerprints
430provided as a part of a renewal application to the Department of
431Law Enforcement for a statewide criminal record check, and for
432forwarding to the Federal Bureau of Investigation for a national
433criminal record check. For any subsequent renewal of a
434registration, the department shall submit the required
435information for a statewide and national criminal record check.
436     3.  Any person who submits to the department a set of
437fingerprints for a criminal record check is not required to
438provide a subsequent set of fingerprints for a criminal record
439check if the person has undergone a criminal record check as a
440condition of the issuance of an initial registration or the
441initial renewal of a registration on or after January 1, 2010.
442     Section 4.  Section 459.0137, Florida Statutes, is created
443to read:
444     459.0137  Pain-management clinics.-
445     (1)  With the exception of facilities licensed under
446chapter 395, all privately owned pain-management clinics,
447facilities, or offices that are primarily engaged in the
448treatment of pain by prescribing or dispensing controlled
449substance medications, referred to as "clinics" in this section,
450and advertise in any medium for any type of pain-management
451services, or that employ a physician who is licensed under this
452chapter and who is primarily engaged in the treatment of pain by
453prescribing or dispensing controlled substance medications, must
454register with the department by January 4, 2010. A physician may
455not practice osteopathic medicine in a pain-management clinic
456that is not registered with the department as required in this
457section. If the department finds that a privately owned pain-
458management clinic is owned, directly or indirectly, by a person
459who has been convicted of any felony in this state or any other
460state or the United States, the department shall refuse to issue
461a certificate of registration to the clinic or shall revoke a
462certificate of registration previously issued by the department.
463As used in this subsection, the term "convicted" includes an
464adjudication of guilt on a plea of guilty or nolo contendere or
465the forfeiture of a bond when charged with a crime. Each clinic
466location shall be registered separately regardless of whether
467the clinic is operated under the same business name or
468management as another clinic. If the clinic is licensed as a
469health care clinic under chapter 400, the medical director is
470responsible for registering the facility with the department. If
471the clinic is not registered under chapter 395 or chapter 400,
472the clinic shall, upon registration with the department,
473designate a physician who is responsible for complying with all
474requirements related to registration of the clinic. The
475designated physician shall be licensed under chapter 458 or this
476chapter and shall practice at the office location for which the
477physician has assumed responsibility. The department shall
478inspect the clinic annually to ensure that it complies with
479rules of the board of adopted pursuant to this subsection and
480subsection (2) unless the clinic is accredited by a nationally
481recognized accrediting agency approved by the board.
482Registration under this section automatically expires after 2
483years without further action by the board or the department
484unless an application for renewal is approved by the board. The
485actual costs for registration and inspection or accreditation
486shall be paid by the physician seeking to register the clinic.
487     (2)  The board shall adopt rules setting forth standards of
488practice for physicians who practice in privately owned pain-
489management clinics that primarily engage in the treatment of
490pain by prescribing or dispensing controlled substance
491medications. Such rules shall address, but need not be limited
492to, the following:
493     (a)  Facility operations;
494     (b)  Physical operations;
495     (c)  Infection control requirements;
496     (d)  Health and safety requirements;
497     (e)  Quality assurance requirements;
498     (f)  Patient records;
499     (g)  Training requirements for all facility health care
500practitioners who are not regulated by another board;
501     (h)  Inspections; and
502     (i)  Data collection and reporting requirements.
503
504A physician is primarily engaged in the treatment of pain by
505prescribing or dispensing controlled substance medications when
506the majority of the patients seen are prescribed or dispensed
507controlled substance medications for the treatment of chronic
508nonmalignant pain. Chronic nonmalignant pain is pain unrelated
509to cancer which persists beyond the usual course of the disease
510or the injury that is the cause of the pain or more than 90 days
511after surgery.
512     (3)  A privately owned clinic, facility, or office that is
513primarily engaged in the treatment of pain by prescribing or
514dispensing controlled substance medications and advertises in
515any medium for any type of pain-management services, or that
516employs one or more physicians who are primarily engaged in the
517treatment of pain by prescribing or dispensing controlled
518substance medications, is exempt from the registration
519provisions in subsection (1) if the majority of the physicians
520who provide services in the clinic, facility, or office
521primarily provide surgical services.
522     (4)  As used in this section, the term "parties affiliated
523with a pain-management clinic" means:
524     (a)  A director, officer, trustee, partner, or committee
525member of a pain-management clinic or applicant, or a subsidiary
526or service corporation of the pain-management clinic or
527applicant;
528     (b)  A person who, directly or indirectly, manages,
529controls, or oversees the operation of a pain-management clinic
530or applicant, regardless of whether the person is a partner,
531shareholder, manager, member, officer, director, independent
532contractor, or employee of the pain-management clinic or
533applicant.
534     (5)  An application for initial or renewal registration as
535a pain-management clinic submitted to the department must
536include:
537     (a)  The name, full business address, and telephone number
538of the applicant.
539     (b)  All trade or business names used by the applicant.
540     (c)  The address, telephone numbers, and names of contact
541persons for each facility used by the applicant for the
542prescribing or dispensing of controlled substance medications in
543the treatment of pain.
544     (d)  The type of ownership or operation, such as a
545partnership, corporation, or sole proprietorship.
546     (e)  The names of the owner and the operator of the pain-
547management clinic, including:
548     1.  If an individual, the name of the individual.
549     2.  If a partnership, the name of each partner and the name
550of the partnership.
551     3.  If a corporation:
552     a.  The name, address, and title of each corporate officer
553and director.
554     b.  The name and address of the corporation and the
555resident agent of the corporation, the resident agent's address,
556and the corporation's state of incorporation.
557     c.  The name and address of each shareholder of the
558corporation that owns 5 percent or more of the outstanding stock
559of the corporation.
560     4.  If a sole proprietorship, the full name of the sole
561proprietor and the name of the business entity.
562     5.  If a limited liability company:
563     a.  The name and address of each member.
564     b.  The name and address of each manager.
565     c.  The name and address of the limited liability company,
566the resident agent of the limited liability company, and the
567name of the state in which the limited liability company was
568organized.
569     (f)  The tax year of the applicant.
570     (g)  A copy of the deed for the property on which the
571applicant's pain-management clinic is located, if the clinic is
572owned by the applicant, or a copy of the applicant's lease for
573the property on which the applicant's pain-management clinic is
574located, which must have an original term of not less than 1
575calendar year, if the pain-management clinic is not owned by the
576applicant.
577     (h)  A list of all licenses and permits issued to the
578applicant by any other state which authorize the applicant to
579purchase or possess prescription drugs.
580     (i)  The name of the manager of the pain-management clinic
581that is applying for the initial or renewal registration, the
582next four highest ranking employees responsible for operations
583of the pain-management clinic, and the name of all parties
584affiliated with the pain-management clinic, and the personal
585information statement and fingerprints required under subsection
586(6) for each of these persons.
587     (6)(a)  Each person required by paragraph (5)(i) to provide
588a personal information statement and fingerprints must provide
589the following information to the department on forms prescribed
590by the department:
591     1.  The person's places of residence for the past 7 years.
592     2.  The person's date and place of birth.
593     3.  The person's occupations, positions of employment, and
594offices held during the past 7 years.
595     4.  The principal business and address of any business,
596corporation, or other organization in which the person:
597     a.  Held an office during the past 7 years; or
598     b.  Had an occupation or position of employment during the
599past 7 years.
600     5.  Whether the person has been, during the past 7 years,
601the subject of any proceeding for the revocation of any license
602and, if so, the nature of the proceeding and the disposition of
603the proceeding.
604     6.  Whether, during the past 7 years, the person has been
605temporarily or permanently enjoined by a court of competent
606jurisdiction from violating any federal or state law regulating
607the possession, control, or distribution of prescription drugs,
608together with details concerning any such event.
609     7.  A description of any involvement by the person during
610the past 7 years, including any investments, other than the
611ownership of stock in a publicly traded company or mutual fund,
612with any business that manufactured, administered, prescribed,
613distributed, or stored pharmaceutical products and any lawsuits
614in which the businesses were named as a party.
615     8.  A description of any felony criminal offense of which
616the person, as an adult, was found guilty, regardless of whether
617adjudication of guilt was withheld or whether the person pled
618guilty or nolo contendere. A criminal offense committed in
619another jurisdiction which would have been a felony in this
620state must be reported. If the person indicates that a criminal
621conviction is under appeal and submits a copy of the notice of
622appeal of that criminal offense, the applicant must, within 15
623days after the disposition of the appeal, submit to the
624department a copy of the final written order of disposition.
625     9.  A photograph of the person taken in the previous 30
626days.
627     10.  A set of fingerprints for the person on a form and
628under procedures specified by the department, together with
629payment of an amount equal to the costs incurred by the
630department for the criminal record check of the person.
631     11.  The name, address, occupation, and date and place of
632birth for each member of the person's immediate family who is 18
633years of age or older. As used in this subparagraph, the term
634"member of the person's immediate family" includes the person's
635spouse, children, parents, siblings, the spouses of the person's
636children, and the spouses of the person's siblings.
637     12.  Any other relevant information that the department
638requires.
639     (b)  The information required under paragraph (a) shall be
640provided under oath.
641     (c)1.  The department shall submit the fingerprints
642provided with an application for initial registration to the
643Department of Law Enforcement for a statewide criminal record
644check and for forwarding to the Federal Bureau of Investigation
645for a national criminal record check.
646     2.  For the initial renewal of a registration on or after
647January 1, 2010, the department shall submit the fingerprints
648provided as a part of a renewal application to the Department of
649Law Enforcement for a statewide criminal record check, and for
650forwarding to the Federal Bureau of Investigation for a national
651criminal record check. For any subsequent renewal of a permit,
652the department shall submit the required information for a
653statewide and national criminal record check.
654     3.  Any person who submits to the department a set of
655fingerprints for a criminal record check is not required to
656provide a subsequent set of fingerprints for a criminal record
657check if the person has undergone a criminal record check as a
658condition of the issuance of an initial registration or the
659initial renewal of a registration on or after January 1, 2010.
660     Section 5.  This act shall take effect July 1, 2010.


CODING: Words stricken are deletions; words underlined are additions.
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