Amendment ASA1-AB366

AB366-ASA1,5,6 (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:

AB366-ASA1,5,8 1. Suspend the certificate of the pain clinic until the department determines that the pain clinic demonstrates compliance.

AB366-ASA1,5,9 2. Revoke the certificate of the pain clinic.

AB366-ASA1,5,10 3. Impose a forfeiture of up to $1,000 per day for each day of continued violation.

AB366-ASA1,5,12 (b) A pain clinic subject to a penalty under par. (a) is entitled to an appeal and a hearing under ch. 227.

AB366-ASA1,5,18 (3) Cash transactions. A pain clinic may not solicit or accept payment for services in cash from an individual seeking treatment at the pain clinic, except that an individual seeking treatment may pay an insurance copayment, coinsurance, or deductible with cash. A pain clinic may accept credit, a credit card, a check, or a draft from an individual who seeks treatment from a pain clinic but who does not have insurance.

AB366-ASA1,5,21 (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:

AB366-ASA1,5,22 (a) The pain clinic is licensed as a pharmacy under s. 450.06.

AB366-ASA1,5,25 (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.

AB366-ASA1,6,1 (5) Applicability. This section does not apply to any of the following:

AB366-ASA1,6,4 (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.

AB366-ASA1,6,5 (b) A hospital, as defined in s. 50.33 (2).

AB366-ASA1,6,6 (c) Hospice, as defined in s. 50.90 (1).

AB366-ASA1,6,7 (d) A nursing home, as defined in s. 50.01 (3).

AB366-ASA1,6,12 (6) Rules. The department, after consulting with health care providers who provide pain medicine services in pain clinics, shall promulgate rules to govern the operation of pain clinics, including personnel, patient records, data collection and reporting, inspections, health and safety requirements, and billing. The department may promulgate other rules it determines are necessary to implement this section.

AB366-ASA1,6,17 (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.

AB366-ASA1,6 Section 6. Subchapter VI (title) of chapter 50 [precedes 50.90] of the statutes is created to read:

AB366-ASA1,6,20 Chapter 50

AB366-ASA1,6,21 Subchapter VI

AB366-ASA1,6,22 HOSPICES

AB366-ASA1,7 Section 7. Subchapter IV (title) of chapter 50 [precedes 50.90] of the statutes is repealed.

AB366-ASA1,8 Section 8. 146.40 (1) (bo) of the statutes is amended to read:

AB366-ASA1,7,2 146.40 (1) (bo) "Hospice" means a hospice that is licensed under subch. IV VI of ch. 50.

AB366-ASA1,9 Section 9. 146.81 (1) (L) of the statutes is amended to read:

AB366-ASA1,7,4 146.81 (1) (L) A hospice licensed under subch. IV VI of ch. 50.

AB366-ASA1,10 Section 10. 146.997 (1) (d) 18. of the statutes is amended to read:

AB366-ASA1,7,6 146.997 (1) (d) 18. A hospice licensed under subch. IV VI of ch. 50.

AB366-ASA1,11 Section 11. Nonstatutory provisions.

AB366-ASA1,7,13 (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.

AB366-ASA1,7,14 (End)