Assigned to HHS                                                                                                 AS PASSED BY COMMITTEE

 


 

 

 


ARIZONA STATE SENATE

Fifty-Fourth Legislature, First Regular Session

AMENDED

FACT SHEET FOR S.B. 1039

pain management clinics; regulation

Purpose

            Specifies that pain management clinics are not exempt from licensure by the Department of Health Services (DHS). Exempts certain dispensaries and first aid stations that are supervised by a nurse practitioner from DHS licensure.

Background

            Current statute requires that pain management clinics meet licensure requirements prescribed for healthcare institutions and obtain DHS licensure. Certain facilities are exempt from DHS licensure and supervision requirements, including private offices and clinics of  licensed healthcare providers that are not freestanding urgent care centers, with certain exceptions (A.R.S. §§ 36-402 and 36-448.02).

            A pain management clinic is a healthcare institution or a private office or clinic of a healthcare provider licensed under Arizona Revised Statutes Title 32 that prescribes opioids, benzodiazepines, barbiturates or carisoprodol, not including for medication-assisted treatment, to a majority of the facility's patients for more than 90 days in a 12-month period. Hospitals, urgent care centers, ambulatory surgical centers, hospice facilities and nursing care institutions are exempt from the definition of pain management clinic (A.R.S. § 36-448.01).

            There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1.      Subjects pain management clinics located in private offices or clinics of licensed healthcare providers to DHS licensure, supervision, regulation and control requirements.

2.      Exempts, from DHS licensure, supervision, regulation and control, dispensaries and first aid stations that:

a)      are located within a business or industrial establishment;

b)      are maintained for employee use;

c)      do not contain inpatient beds; and

d)      are supervised by a nurse practitioner.

3.      Becomes effective on the general effective date.

Amendments Adopted by Committee

·         Exempts certain dispensaries and first aid stations that are supervised by a nurse practitioner from DHS licensure.

Senate Action

HHS                1/30/19      DPA     8-0-0

Prepared by Senate Research

January 31, 2019

CRS/kja