Many hospital systems have organizations that include outlying physician clinics under common ownership, directly or indirectly, with the hospital entity which is licensed or registered with the State pursuant to Chapter 395 of the Florida Statutes (1). Hospitals may be aware that these qualifying clinics are exempt from registration as a Health Care Clinic under section 400.9905(4), F.S., however, hospitals must also be aware that these clinics may NOT be exempt from registration as Pain Management Clinics pursuant to 458.309(4)-(6), F.S. and 64B-4.006, F.A.C.
On January 4, 2010 the State of Florida set a deadline for registration of Pain Management Clinics. A Pain Management Clinic is defined as all privately owned pain-management clinics, facilities or offices which advertise for any type of pain management services, or employ a physician who is primarily (greater than 50%) engaged in the treatment of pain by prescribing or dispensing controlled substance medications (CII-V). The clinic will be inspected annually by the State and assessed a fee, unless it is accredited by a nationally recognized agency approved by the Board of Medicine.
The State does provide for limited practice locations that would be exempt from registration including pain clinics that are licensed under Chapter 395, or if the majority of physicians in the practice primarily provide surgical services.
If you think your pain practice may be required to register, you can review the application, rules and guidelines at www.doh.state.fl.us/mqa/medical/me_pain.html. Note that the MD or DO practicing in a pain management clinic that should register but hasnt registered by January 4, 2010 is subject to discipline by the Department of Health.
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