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Pain Management Facilities

Kentucky’s General Assembly recently passed House Bill 1 during the 2012 Special Session.  House Bill 1, which will become effective as law on July 20, 2012, provides that only a physician having a full and active license to practice medicine in Kentucky shall be permitted to have an ownership or investment interest in a pain management facility.  While House Bill 1 imposes this new ownership requirement on facilities, the legislation exempts existing pain management facilities from the physician-ownership provision if the facility:

 

  • Was in operation on April 24, 2012; and
  • Does not have an administrative sanction or criminal conviction relating to controlled substances imposed on the facility or any person employed by the facility for an act or omission done within the scope of the facility’s licensure or the person’s employment.   

 

All pain management facilities which qualify for the exemption from the physician-ownership requirement of House Bill 1 shall be subject to licensure and regulation by the Office of Inspector General (OIG).  Therefore, the OIG will be filing an administrative regulation that establishes the minimum requirements for licensure to operate a pain management facility (902 KAR 20:420E, Pain Management Facilities).  To comply with House Bill 1’s mandate that the law take effect July 20, this regulation will be filed as an emergency regulation and will become effective on July 20, 2012. 

 

All applications for licensure must be received by the OIG on or before July 20, 2012.  The Cabinet will deem any application that is postmarked no later than July 15, to be timely filed. 

 

Non-physician owned pain management facilities that were in operation on or prior to April 24, 2012, and fail to submit an application for licensure by the required deadline:

  • Must cease operations effective July 21, 2012; and
  • Will not be eligible to submit an application for licensure after the deadline. 

 

HB 1 and state regulations related to

PAIN MANAGEMENT FACILITIES:

 

HB 1:  http://www.lrc.ky.gov/Statrev/ACTS2012SS/0001.pdf

 

State Regulation to be filed on July 20, 2012: 

902 KAR 20:420E, Pain Management Facilities            

***Regulation has been updated as of July 20th, to include additional qualifications required of the medical director.

 

Application for License to Operate a Pain Management Facility

 

Pain Management Facility Data Reporting Form 

 

Violations

House Bill 1 provides in Section 1, subsection (6) that any person who violates the provisions of Section 1 shall be guilty of a Class A misdemeanor. 

  

For more information, please call (502) 564-2888.

 

Last Updated 8/26/2016