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editorial
. 2017 Feb;107(2):240–243. doi: 10.2105/AJPH.2016.303568

TABLE 1—

Characteristics of State Laws for Pain Management Clinics

State (Initial Implementation Date): Cite Pain Clinic Definition Pain Clinic Ownership State Oversight, Inspection, and Registration Dispensing Limitations
Alabama (2013): Ala Code §34-24-600 et seq. Provides pain management services with prescription controlled substances to treat noncancer chronic pain Physician with unrestricted Alabama license, or public or private entity registered with state
Owner cannot have been convicted of a felony or misdemeanor related to prescription drugs
Board of Medical Examiners; annual registration required
Florida (2011): Fla Stat Ann §458.3265 Advertises pain management services or majority of patients are prescribed opioids or specified controlled substances for noncancer pain Physician with unrestricted Florida license who practices at pain clinic and has not been convicted of a felony related to drug diversion Department of Health; annual inspection as a condition of registration Only a physician licensed in Florida may dispense medication at a pain clinic
Georgia (2013): Ga Code Ann §43-34-280 Advertises pain treatment or majority of patients are prescribed Schedule II or III controlled substances for noncancer pain Physician with unrestricted license in Georgia who has not been convicted of a felony Composite Medical Board; biennial license renewal If controlled substances are dispensed, pain clinic must be registered with State Board of Pharmacy
Kentucky (2012): Ky Rev Stat Ann §218A.175 Advertises pain treatment or majority of patients are prescribed controlled substances for pain and primary practice area is pain treatment Physician with unrestricted Kentucky license who practices at pain clinic at least 50% of clinic’s hours
Owner must meet additional pain management certification requirements
Board of Medical Licensure; Cabinet for Health and Family Services; annual registration required
Louisiana (2005): La Rev Stat Ann §40:2198.11 et seq. Engages primarily in pain treatment by prescribing narcotics Physician with an unrestricted Louisiana license who is certified in pain management and has not been convicted of a crime related to narcotics Department of Health and Hospitals; annual investigation for license renewal
Mississippi (2011): 30-017-2640 Miss Code R §1.15 Provides pain management services with a majority of patients prescribed or dispensed opioids or other specified controlled substances for more than 180 d/y Physician with unrestricted Mississippi license who has not been convicted of a crime related to illegal distribution of controlled substances
Owner must meet additional pain management certification requirements
State Board of Medical Licensure; annual certification renewal
Ohio (2011): Ohio Rev Code Ann §4731.054 Treats majority of patients for chronic pain with controlled substances and meets certain other criteria Supervises activities of all individuals who provide chronic pain treatment at clinic
Owner must meet additional pain management certification requirements
State Medical Board; annual verification of licensure
Tennessee (2012): Tenn Code Ann §63-1-301 et seq. Provides noncancer pain treatment to a majority of patients for at least 90 d/y or advertises pain management services Cannot have been convicted of a felony or misdemeanor related to distribution of prescription drugs Board of Health; Board of Medical Examiners; biennial certificate renewal No dispensing of controlled substances at pain clinic with limited exceptions for short-term supply of Schedule IV or V controlled substances
Texas (2010): Tex Occ Code Ann §168.001 et seq. Provides majority of patients with monthly prescriptions for opioids or other specified controlled substances Physician with unrestricted Texas license who has not been convicted of a felony or misdemeanor related to distribution of prescription drugs Medical Board; biennial certificate renewal
West Virginia (2012): WVa Code Ann §16-5H et seq. Prescribes or dispenses opioids or other controlled substances to majority of patients for noncancer pain and meets certain other criteria Physician with unrestricted West Virginia license who practices at pain clinic and has not been convicted of a felony related to diverted drugs
Owner must meet additional pain management certification requirements
Department of Health and Human Services; annual licensure renewal Only physician or pharmacist licensed in West Virginia may dispense medications at clinic
Controlled substances must be dispensed for a 72-h or less supply
Wisconsin (2016): Wis Stat §50.60 et seq. Presents itself as providing pain medicine services with prescriptions issued for specified medications or majority of providers devote majority of practice to pain medicine Must not have been convicted of a felony or a misdemeanor related to prescription drugs Department of Health Services; triennial certificate renewal No dispensing of specified medications unless clinic is also a licensed pharmacy or treatment relates to worker’s compensation