Florida Administrative Code
64 - DEPARTMENT OF HEALTH
64B8 - Board of Medicine
Chapter 64B8-9 - STANDARDS OF PRACTICE FOR MEDICAL DOCTORS
Section 64B8-9.0132 - Requirement for Pain Management Clinic Registration; Inspection or Accreditation
Universal Citation: FL Admin Code R 64B8-9.0132
Current through Reg. 50, No. 187; September 24, 2024
(1) Registration.
(a) Every designated physician
of a pain management clinic, as defined in Section
458.3265, F.S., shall register
the clinic with the Department of Health. It is the Designated Physician's
responsibility to ensure that the clinic is registered, regardless of whether
other physicians are practicing in the same office or whether the office is
non-physician owned.
(b) In order
to register a pain management clinic, the Designated Physician must comply with
Department rule subsections
64B-7.001(3) and
(4), F.A.C., and provide documentation to
support compliance with Rule
64B8-9.0131, F.A.C.
(c) The Designated Physician must notify the
Board within 10 calendar days, in writing, of any changes to the registration
information, including the termination of his or her employment with the pain
management clinic.
(d)
Documentation of registration shall be posted in a conspicuous place in the
waiting room viewable by the public.
(2) Inspection.
(a) Unless the Designated Physician has
previously provided written notification of current accreditation by a
nationally recognized accrediting agency approved by the Board the clinic shall
submit to an annual inspection by the Department. All nationally recognized
accrediting organizations shall be held to the same Board-determined practice
standards for registering Florida pain management clinic sites.
(b) The Department shall conduct unannounced
annual inspections of pain clinics pursuant to this rule.
(c) The Designated Physician shall cooperate
with the inspector(s), make medical records available to the inspector, and be
responsive to all reasonable requests.
(d) The inspector(s) shall determine
compliance with the requirements of Rule
64B8-9.0131, F.A.C. This shall
include review of a random selection of patient records for patients who are
treated for pain, selected by the inspector(s) for each physician practicing in
the clinic or who has practiced in the clinic during the past six
months.
(e) If the clinic is
determined to be in noncompliance, the Designated Physician shall be notified
and shall be given a written statement at the time of inspection. Such written
notice shall specify the deficiencies. Unless the deficiencies constitute an
immediate and imminent danger to the public, the Designated Physician shall be
given 30 days from the date of inspection to correct any documented
deficiencies and notify the Department of corrective action plan. Upon written
notification from the Designated Physician that all deficiencies have been
corrected, the Department is authorized to re-inspect for compliance. If the
Designated Physician fails to submit a corrective action plan within 30 days of
the inspection, the Department is authorized to re-inspect the office to ensure
that the deficiencies have been corrected.
(f) The written results of the inspection,
deficiency notice and any subsequent documentation shall be forwarded to the
Department. This shall include:
1. Whether the
deficiencies constituted an immediate and serious danger to the public,
2. Whether the Designated
Physician provided the Department with documentation of correction of all
deficiencies within 30 days from the date of inspection; and,
3. The results of any
reinspection.
(g) The
Department shall review the results of the inspection(s) and determine whether
action against the clinic registration is merited.
(h) Nothing herein shall limit the authority
of the Department to investigate a complaint without prior notice.
(i) If the clinic is accredited by a
nationally recognized accrediting agency approved by the Board, the Designated
Physician shall submit written notification of the current accreditation survey
of his or her office(s) in lieu of undergoing an inspection by the
Department.
(j) The Designated
Physician shall submit, within thirty (30) days of accreditation, a copy of the
current accreditation survey of the clinic and shall immediately notify the
Board of Medicine of any accreditation changes that occur. For purposes of
initial registration, the Designated Physician shall submit a copy of the most
recent accreditation survey of the clinic in lieu of undergoing an inspection
by the Department.
(k) If a
provisional or conditional accreditation is received, the Designated Physician
shall notify the Board of Medicine in writing and shall include a plan of
correction.
Rulemaking Authority 458.3265(5)(a) FS. Law Implemented 458.3265(5)(a) FS.
New 11-28-10.
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