Tenn. Comp. R. & Regs. 1200-34-01-.01 - DEFINITIONS

In addition to the definitions contained in T.C.A. § 63-1-301, the following definitions are applicable to this chapter:

(1) "Administrative Office" means the Tennessee Department of Health, Division of Health Related Boards, at which the Pain Management Clinic registry office for administrative support of daily functions is located at 665 Mainstream Drive, Nashville, TN 37243.
(2) "Adjacent" means within 1,000 feet.
(3) "Advisory Panel" means a panel selected by the Commissioner and convened at his or her discretion for advisory purposes and to issue recommendations to the Commissioner.
(4) "Applicant" means a medical doctor licensed under Title 63, Chapter 6 or an osteopathic physician licensed under Title 63, Chapter 9, who has submitted or is in the process of submitting an application for a license to operate a pain management clinic.
(5) "Certificate Holder" means a medical doctor licensed under Title 63, Chapter 6; osteopathic physician licensed under Title 63, Chapter 9; advanced practice registered nurse licensed under Title 63, Chapter 7, who meets the requirements contained in T.C.A. § 63-7-126; or a physician assistant licensed under Title 63, Chapter 19, who practices in this state with an unrestricted, unencumbered license, who was issued a pain management clinic certificate prior to July 1, 2017, and who may continue to operate that certificate as a license under Title 63, Chapter 1 until its expiration.
(6) "Commissioner" means the Commissioner of Health or his designee.
(7) "Controlled Substance" means a drug, substance, or immediate precursor identified, defined or listed in title 39, chapter 17, part 4 and title 53, chapter 11.
(8) "Department" means the Tennessee Department of Health.
(9) "Licensee" means any person licensed under Title 63 by one of the Tennessee Department of Health, Division of Health Related Boards.
(10) "Medical Director" means an individual who meets the definitions of Title 63, Chapter 1, Section 301(5) and 301(9), and holds a license to operate a pain management clinic issued by the Department.
(11) "Medical Record" shall have the same meaning as set forth in T.C.A. § 63-2-101.
(12) "Owner" means a medical doctor licensed under Title 63, Chapter 6; osteopathic physician licensed under Title 63, Chapter 9; advanced practice registered nurse licensed under Title 63, Chapter 7, who meets the requirements contained in T.C.A. § 63-7-126; or a physician assistant licensed under Title 63, Chapter 19.
(13) "Pain Agreement" means a written document signed by the patient which, at a minimum, addresses patient responsibility for proper use and safeguarding of medications, describes the clinic's drug screening policy, provides that prescriptions for controlled substances may only be filled at one pharmacy to be identified by the patient, and addresses the use of controlled substances prescribed by other providers.
(14) "Pain Management Clinic" means a privately-owned clinic, facility, or office in which the majority of patients are prescribed or dispensed opioids, benzodiazepines, barbiturates, or carisoprodol for ninety (90) days or more in a twelve-month period for pain unrelated to cancer or palliative care. For purposes of determining if a clinic, facility, or office qualifies as a pain management clinic, the entire clinic, facility, or office caseload of patients who received medical care services from all medical doctors, osteopathic physicians, advance practice registered nurses, and physician assistants who serve in the clinic, facility, or office shall be counted. Pain Management clinic also means a privately-owned clinic, facility, or office which advertises in any medium for pain management services of any type.
(15) "Substance Use Disorder Risk Assessment" means the assessment of an individual's unique risk for addiction, abuse, misuse, diversion or another adverse consequence resulting from prescription medication intended to treat pain. Substance use disorder risk assessment may be accomplished through a standardized written or orally-delivered questionnaire or through a clinical interview.
(16) "Unencumbered" means an active license that is not suspended or on probation and that does not have any conditions, restrictions, or limitations.
(17) "Urine Drug Screen" means urinalysis performed using a commercial test kit in a pain management or other clinic or at a reference laboratory that tests for the presence of at least the controlled substance(s) being prescribed as well as marijuana, one or more of the opioids, benzodiazepines, cocaine and methamphetamines and may include any additional controlled substances at the discretion of the clinic

Notes

Tenn. Comp. R. & Regs. 1200-34-01-.01
Emergency rule filed September 30, 2011; effective March 28, 2012. Emergency rule filed September 30, 2011 and effective through March 28, 2012; on March 29, 2012 the emergency rule expired and reverted to its previous status. Permanent rules 1200-34-01-.01 through .10 filed December 27, 2011; to have been effective March 26, 2012. The Government Operations Committee filed a seven-day stay of effective date of the rules; new effective date April 2, 2012. On March 26, 2012, the Government Operations Committee withdrew its stay; new effective date March 26, 2012. Emergency rule filed May 25, 2017 and effective through November 21, 2017. The emergency rule expired on November 22, 2017 and reverted to its previous status. Repeal and new rules filed August 28, 2017; effective 11/26/2017.

Authority: T.C.A. §§ 63-1-301, 63-1-303, 63-1-306, 63-1-316, and 63-1-318.

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