Ga. Comp. R. & Regs. R. 360-8-.02 - Standards of Operation
(1) Each location of a clinic where a
physician practices pain management must be licensed.
(2) A new pain management clinic license must
be obtained if there is a change in ownership or a change in
location.
(3) No pain management
clinic shall provide medical treatment or services unless a physician, a
physician assistant authorized to prescribe controlled substances under an
approved job description, or an advanced practice registered nurse authorized
to prescribe controlled substances pursuant to a physician protocol is on-site
at the pain management clinic. This rule shall not apply to a certified
registered nurse anesthetist practicing pursuant to Code Section
43-26-11.1,
so long as
(a) the patient has previously
been examined by a physician and such physician has issued a written order for
such patient to receive medical treatment or services and
(b) the pain management clinic has obtained
written consent of the patient prior to any medical treatment or services being
provided by the certified registered nurse anesthetist regarding the medical
treatment or services to be performed, the risks of the medical treatment or
services to be performed, and that a physician may or may not be
on-site.
(4) No licensed
physician can own a pain management clinic if the physician, during the course
of his or her practice, has been denied the privilege of prescribing,
dispensing, administering, supplying or selling any controlled substance, or
has had board action against his or her medical license as a result of
dependency on alcohol or drugs.
(5)
No person can own a pain management clinic if he or she has been convicted of a
felony. For purposes of this rule, the term "convicted of a felony" shall
include a conviction of an offense which if committed in this state would be
deemed a felony under either state or federal law, without regard to its
designation elsewhere. As used in this paragraph, the term "conviction" shall
include a finding or verdict of guilt, a plea of guilty resulting in first
offender status, or a plea of nolo contendere in a criminal proceeding,
regardless of whether the adjudication of guilt or sentence is withheld or not
entered thereon.
(6) The owner of
the clinic and the physicians practicing in the clinic shall be responsible for
compliance with all the laws and rules and regulations regulating the practice
of medicine and the laws and rules and regulations pertaining to the controlled
substances.
(7) The license issued
by the Board shall be displayed in a conspicuous place.
(8) All pain management clinics that dispense
controlled substances or dangerous drugs shall be registered with the Georgia
State Board of Pharmacy as required by Chapter 4 of Title 26.
(9) Each physician owning or practicing in a
pain management clinic must register with the Georgia Prescription Monitoring
Program ("PDMP"). See link www.gdna.ga.gov. Each physician practicing at a pain
clinic must regularly check the PDMP on all new and existing
patients.
(10) The Board shall have
the power to reprimand, cancel, suspend, revoke, or otherwise restrict any
license or permit issued by the Board.
(11) Any person who operates a pain
management clinic in the State of Georgia without a license shall be guilty of
a felony.
Notes
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