AB366,3,66 Subchapter V
AB366,3,77 Clinics
AB366,4 8Section 4. 50.60 of the statutes is created to read:
AB366,3,10 950.60 Definitions; clinics. In this subchapter: (1) "Advanced practice nurse
10prescriber" means an individual certified under s. 441.16 (2).
AB366,3,11 11(2) "Health care provider" has the meaning given in s. 146.81 (1) (a) to (hp).
AB366,3,12 12(3) "Pain clinic" means any of the following:
AB366,3,1813 (a) A privately owned facility at which a physician, advanced practice nurse
14prescriber, physician assistant, or other health care provider with prescribing
15privileges, who prescribes controlled substances, provides pain management
16services to patients, a majority of whom are prescribed opioids or opiates,
17benzodiazepines, barbiturates, or carisoprodol, and provides prescriptions for more
18than 90 days in a 12-month period.
AB366,3,2119 (b) Any privately owned facility or office that advertises or otherwise holds
20itself out as providing pain management services and that has one or more employees
21or contractors who prescribe a controlled substance for pain management.
AB366,3,22 22(4) "Physician assistant" has the meaning given in s. 448.01 (6).
AB366,5 23Section 5. 50.65 of the statutes is created to read:
AB366,3,25 2450.65 Pain clinics. (1) Certification required. (a) No pain clinic may
25operate unless it holds a certificate to operate issued by the department.
AB366,4,5
1(b) A pain clinic shall submit to the department an application, on a form
2prescribed by the department, for a certificate. Each pain clinic location is certified
3separately regardless of whether the clinic is operated under the same business
4name, ownership, or management as another pain clinic. The department may
5charge an applicant a fee for applying for a certificate.
AB366,4,76 (c) A certified pain clinic that undergoes a change of majority ownership shall
7submit a new application for a certificate.
AB366,4,158 (d) A pain clinic shall have a medical director who is a physician that practices
9in this state. In the event that the medical director no longer meets the requirements
10of holding the position of medical director, the pain clinic shall notify the department
11within 10 business days of the identity of a physician who meets the requirements
12of medical director and who acts as medical director at that pain clinic. Failure to
13notify the department of an acting medical director within 10 days of the departure
14of the previous medical director may be a basis for the department to suspend the
15pain clinic's certification.
AB366,4,1916 (e) The department shall issue a certificate of operation to a pain clinic if the
17department finds that the pain clinic meets the requirements of this section, has paid
18any application fee required by the department, and meets any requirements
19established by the department.
AB366,4,23 20(2) Penalty for violation. (a) If the department finds that a pain clinic which
21was issued a certificate under this section no longer meets any requirement of this
22section or rules promulgated under this section or of requirements established by the
23department, the department may do any of the following:
AB366,4,2524 1. Suspend the certificate of the pain clinic until the department determines
25that the pain clinic demonstrates compliance.
AB366,5,1
12. Revoke the certificate of the pain clinic.
AB366,5,22 3. Impose a forfeiture of up to $1,000 per day for each day of continued violation.
AB366,5,43 (b) A pain clinic subject to a penalty under par. (a) is entitled to an appeal and
4a hearing under ch. 227.
AB366,5,6 5(3) Reporting. (a) Annually, a pain clinic shall report to the department all
6of the following:
AB366,5,87 1. The ratio of pain clinic staff to the number of individuals receiving pain
8treatment.
AB366,5,109 2. The number of individuals receiving pain treatment who are also receiving
10behavioral health services.
AB366,5,1211 3. The pain clinic staff's plan for tapering individuals off of pain medications,
12if applicable.
AB366,5,1413 4. The average mileage that individuals receiving pain treatment in the pain
14clinic are traveling to receive treatment in that clinic.
AB366,5,1715 (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.
AB366,5,21 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.
AB366,5,22 22(5) Applicability. This section does not apply to any of the following:
AB366,5,2523 (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.
AB366,6,1
1(b) A hospital, as defined in s. 50.33 (2).
AB366,6,22 (c) Hospice, as defined in s. 50.90 (1).
AB366,6,33 (d) A nursing home, as defined in s. 50.01 (3).
AB366,6,5 4(6) Rules. The department may promulgate rules it determines are necessary
5to implement this section.
AB366,6 6Section 6. Subchapter VI (title) of chapter 50 [precedes 50.90] of the statutes
7is created to read:
AB366,6,88 Chapter 50
AB366,6,99 Subchapter VI
AB366,6,1010 HOSPICES
AB366,7 11Section 7. Subchapter IV (title) of chapter 50 [precedes 50.90] of the statutes
12is repealed.
AB366,8 13Section 8. 146.40 (1) (bo) of the statutes is amended to read:
AB366,6,1514 146.40 (1) (bo) "Hospice" means a hospice that is licensed under subch. IV VI
15of ch. 50.
AB366,9 16Section 9. 146.81 (1) (L) of the statutes is amended to read:
AB366,6,1717 146.81 (1) (L) A hospice licensed under subch. IV VI of ch. 50.
AB366,10 18Section 10. 146.997 (1) (d) 18. of the statutes is amended to read:
AB366,6,1919 146.997 (1) (d) 18. A hospice licensed under subch. IV VI of ch. 50.
AB366,11 20Section 11. Nonstatutory provisions.
AB366,7,221 (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.
AB366,7,33 (End)
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