Pain Clinics: Board of Medicine Calls For Rules Implementation

There are (mixed) good news to report in the struggle to curb the explosive growth of pain clinics in Florida.
According to a SunSentinel article published today the Florida Board of Medicine on Friday unanimously passed pain-clinic rules that will impose an estimated $65 million in costs despite Gov. Rick Scott's edict to ban rule-making this year.
Board members asked their staff to send letters to both the Legislature and the governor's Office of Fiscal Accountability and Regulatory Reform, explaining the need for immediate implementation of these rules, given the significant threat to public health and safety that some "pill mills" have created in the state. The four rules adopted on Friday set out the requirements for standards of care, inspections,accreditation and training in pain-management practices.
Several members, who met by conference call, mentioned that they support Scott's call for a halt to rule-making to make sure that the process doesn't unduly impose a burden on small businesses and the public. In fact, the board voted unanimously to suspend rule-making other than the regulations on pain clinics. The Department of Health commissioned a study by the Center for Economic Forecasting and Analysis at Florida State University after the Legislature required them for all pending rules with at least a $200,000 impact on business. The Center churned out the study in just one month in order to leave time for the board to decide whether to submit the rules by the Feb. 4 deadline for consideration during this year's legislative session. I still do not understand why "pain clinics" count as legitimate business entities!!!
Unfortunately, neither the Senate nor the House leadership are willing to call for a special session to pass these rules, therefore causing further implementation delay.
How many Floridians have to die before legislators understand that this is a public health emergency requiring a drastic and quick response?
Declaring a public health emergency would also allow for the immediate implementation of the Prescription Drug Monitoring Program which is hold up by a bidder protest.
The time to act is now!!!

Yours

Bernd



South Florida Sun-Sentinel.com Med board to legislators: End delay on pill mill rules

Rules would cost pain clinics, patients $65 million a year

By Bob LaMendola, Sun Sentinel

January 21, 2011


Florida regulators trying to stop the illicit flow of narcotic pills from rogue pain clinics called Friday for the state Legislature to quickly approve stricter rules.

The Florida Board of Medicine was ready to adopt new pain clinic rules but then legislators passed a law in November saying no rules could take effect until approved by the state House and Senate. Legislative action is not expected on any rules until the annual session starts March 8.

Friday, the medical board sent the rules to lawmakers and urged fast action. One board member, Dr. Steven Rosenberg of West Palm Beach, suggested a special session as early as next week, when most legislators are in Tallahassee for meetings.

"It would only take them a few minutes," Rosenberg said. "We can't afford to wait until the regular session in March. That's [hundreds more] people who will die as a result of the pill mills."

Officials estimate that seven Floridians die every day from prescription drug overdoses, some of those due to pill mills – unscrupulous pain clinics concentrated in South Florida that peddle large quantities of painkillers to dealers and addicts.

Don't expect any action before March, legislative officials said.

"A special session? That's not going to happen," said David Bishop, a spokesman for Senate President Mike Haridopolos, R-Indialantic. Legislators need time to review the details, he said.

Katy Betta, a spokeswoman for House Speaker Dean Cannon, R-Winter Park, said the medical board spent more than a year writing the rules, so a legislative subcommittee would spend a few weeks reviewing them.

The rules would let the state inspect pain clinics and punish clinic doctors for violations. The doctors would have to examine every patient before writing a prescription, give drug tests to patients and cut off pain pills to patients who abuse them.

The rules face another potential roadblock from Gov. Rick Scott, who this month froze all proposed rules for a review by his advisers. But officials said they did not think he would hold them up.

Rosenberg and other supporters said they worry that some pain clinic owners and physicians who oppose aspects of the rules might lobby legislators to change the wording and send the rules back to square one.

As part of its action in November, the Legislature ordered state officials to estimate the cost of every new rule. A report for the medical board found that pain clinic rules would cost about $65 million in the first year and $61 million a year in the future. Each of the 923 pain clinics – a state-high 117 in Broward County, 113 in Palm Beach County, 49 in Orange County – would pay $69,000 a year.

About $60,000 of that would be charged to patients, who will have to pay $17 each for urine tests twice a year, the report said.

Paul Sloan, a Venice pain clinic owner who is president of Florida Society of Pain Management Providers, said the cost is a little higher than expected but worth it.

The Florida Academy of Pain Medicine favored the rules and the cost Friday, but said the strongest part of crack down – a statewide database of pain pill prescriptions so police and doctors can track pill abusers – also is stalled. The database was to start Dec. 1 but is held up by a bidder's protest.

Bob LaMendola can be reached at blamendola@SunSentinel.com or 954-356-4526.

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