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1. Suspend the certificate of the pain clinic until the department determines
25that the pain clinic demonstrates compliance.
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12. Revoke the certificate of the pain clinic.
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3. Impose a forfeiture of up to $1,000 per day for each day of continued violation.
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(b) A pain clinic subject to a penalty under par. (a) is entitled to an appeal and
4a hearing under ch. 227.
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5(3) Reporting. (a) Annually, a pain clinic shall report to the department all
6of the following:
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1. The ratio of pain clinic staff to the number of individuals receiving pain
8treatment.
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2. The number of individuals receiving pain treatment who are also receiving
10behavioral health services.
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3. The pain clinic staff's plan for tapering individuals off of pain medications,
12if applicable.
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4. The average mileage that individuals receiving pain treatment in the pain
14clinic are traveling to receive treatment in that clinic.
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(b) The pain clinic shall ensure that the information under par. (a) is provided
16in a manner that does not permit the identification of an individual who is receiving
17pain medication from the pain clinic.
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18(4) Prescription monitoring. Before prescribing a pain medication, a
19physician or other health care provider at a pain clinic who is authorized to prescribe
20pain medication shall review for treatment purposes an individual's records on the
21prescription drug monitoring database for use of other pain medications.
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22(5) Applicability. This section does not apply to any of the following:
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(a) A medical or dental school, nursing school, physician assistant training
24program, or outpatient clinic associated with any of the schools or training programs
25specified in this paragraph.
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1(b) A hospital, as defined in s. 50.33 (2).
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(c) Hospice, as defined in s. 50.90 (1).
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(d) A nursing home, as defined in s. 50.01 (3).
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4(6) Rules. The department may promulgate rules it determines are necessary
5to implement this section.
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6Section
6. Subchapter VI (title) of chapter 50 [precedes 50.90] of the statutes
7is created to read:
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11Section
7. Subchapter IV (title) of chapter 50 [precedes 50.90] of the statutes
12is repealed.
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13Section
8. 146.40 (1) (bo) of the statutes is amended to read:
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146.40
(1) (bo) "Hospice" means a hospice that is licensed under subch.
IV VI 15of ch. 50.
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16Section
9. 146.81 (1) (L) of the statutes is amended to read:
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146.81
(1) (L) A hospice licensed under subch.
IV VI of ch. 50.
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18Section
10. 146.997 (1) (d) 18. of the statutes is amended to read:
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146.997
(1) (d) 18. A hospice licensed under subch.
IV VI of ch. 50.
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20Section
11.
Nonstatutory provisions.
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(1) Notwithstanding section 50.65 (1) (a) of the statutes, a pain clinic, as defined
22in section 50.60 (3) of the statutes, that is operating on the effective date of this
23subsection may continue to operate without the certificate required under section
2450.65 (1) (a) of the statutes if the pain clinic submits an application for a certificate
1under section 50.65 (1) of the statutes within 30 days after the date the department
2of health services publishes the certificate application form on its Internet site.
