2015 Wisconsin Act 265

(c) A certified pain clinic that undergoes a change of majority ownership shall submit a new application for a certificate.

(d) A pain clinic shall have a medical director who is a physician that practices in this state. In the event that the medical director no longer meets the requirements of holding the position of medical director, the pain clinic shall notify the department within 10 business days of the identity of a physician who meets the requirements of medical director and who acts as medical director at that pain clinic. Failure to notify the department of an acting medical director within 10 days of the departure of the previous medical director may be a basis for the department to suspend the pain clinic's certification.

(e) The department shall issue a certificate of operation to a pain clinic if the department finds that the pain clinic meets the requirements of this section, has paid any application fee required by the department, and meets any requirements established by the department. The department may not issue a certificate of operation to a pain clinic if the owner has been convicted of a felony or found guilty of a misdemeanor related to the distribution of an illegal prescription drug or controlled substance.

(f) Subject to sub. (2), a certificate issued under this subsection is valid for 3 years and may be renewed.

(g) A pain clinic at which health care providers do not regularly prescribe monitored prescription drugs, as defined in s. 961.385 (1) (ag), to a patient for more than 90 days in a 12-month period is not required to obtain a certificate to operate under this subsection.

(2) Penalty for violation. (a) If the department finds that a pain clinic which was issued a certificate under this section no longer meets any requirement of this section or rules promulgated under this section or of requirements established by the department, the department may do any of the following:

1. Suspend the certificate of the pain clinic until the department determines that the pain clinic demonstrates compliance.

2. Revoke the certificate of the pain clinic.

3. Impose a forfeiture of up to $1,000 per day for each day of continued violation.

(b) A pain clinic subject to a penalty under par. (a) is entitled to an appeal and a hearing under ch. 227.

(3) Payment method. (a) In this subsection, "traceable" means capable of allowing a person to ascertain, retain, and verify personally identifiable information, including, at a minimum, the first and last name, home address, and date of birth, of a payer in connection with a payment.

(b) A pain clinic may only accept payment by insurance coverage, credit, a credit card, a check, a draft, or another form of payment that is traceable to the individual seeking treatment at the pain clinic and shall retain records of payment. An individual seeking treatment for which a claim is submitted to an insurance company may pay to the pain clinic any insurance copayment, coinsurance, or deductible with cash or another payment method that is not traceable.

(4) Direct dispensing. A pain clinic may not directly dispense, as defined in s. 450.01 (7), a monitored prescription drug, as defined in s. 961.385 (1) (ag), that is administered orally, unless any of the following are true:

(a) The pain clinic is licensed as a pharmacy under s. 450.06.

(b) The pain clinic is treating an individual under ch. 102 for a condition or complaint reasonably related to a condition for which the individual claims worker's compensation under ch. 102.

(5) Applicability. This section does not apply to any of the following:

(a) A medical or dental school, nursing school, physician assistant training program, or outpatient clinic associated with any of the schools or training programs specified in this paragraph.

(b) A hospital, as defined in s. 50.33 (2).

(c) Hospice, as defined in s. 50.90 (1).

(d) A nursing home, as defined in s. 50.01 (3).

(6) Rules. The department, after consulting with the medical examining board, may promulgate rules to govern the operation of pain clinics as the department finds necessary to provide safety to the public. The department may promulgate other rules it determines are necessary to implement this section.

(7) Regulation of professions. Nothing in this section confers authority on the department of health services to regulate the profession or practice of a health care provider whose profession is regulated by the department of safety and professional services or an examining board attached to the department of safety and professional services.

265,6 Section 6. Subchapter VI (title) of chapter 50 [precedes 50.90] of the statutes is created to read:

Chapter 50

Subchapter VI

HOSPICES

265,7 Section 7. Subchapter IV (title) of chapter 50 [precedes 50.90] of the statutes is repealed.

265,8 Section 8. 146.40 (1) (bo) of the statutes is amended to read:

146.40 (1) (bo) "Hospice" means a hospice that is licensed under subch. IV VI of ch. 50.

265,9 Section 9. 146.81 (1) (L) of the statutes is amended to read:

146.81 (1) (L) A hospice licensed under subch. IV VI of ch. 50.

265,10 Section 10. 146.997 (1) (d) 18. of the statutes is amended to read:

146.997 (1) (d) 18. A hospice licensed under subch. IV VI of ch. 50.

265,11 Section 11. Nonstatutory provisions.

(1) Notwithstanding section 50.65 (1) (a) of the statutes, a pain clinic, as defined in section 50.60 (3) of the statutes, that is operating on the effective date of this subsection may continue to operate without the certificate required under section 50.65 (1) (a) of the statutes if the pain clinic submits an application for a certificate under section 50.65 (1) of the statutes within 30 days after the date the department of health services publishes the certificate application form on its Internet site.