2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 1 - DIVISION OF HEALTH RELATED BOARDS (§§ 63-1-NEW — 63-1-803) › Part 3 - PAIN MANAGEMENT CLINICS (§§ 63-1-301 — 63-1-320) › Section 63-1-316 - Pain management clinic license

(a)
On or after July 1, 2017, no person shall own or operate a pain management clinic unless the medical director obtains a license from the department. No license shall be issued unless the pain management clinic has been inspected and found to be in compliance with this part by the department. The department is authorized to charge a reasonable fee for any application for a license.
(b)
(1)
Every medical director of a pain management clinic in this state shall receive from the department a pain management clinic license. Notwithstanding any provision of this title to the contrary, the department shall establish a system of license renewals at intervals that will allow for the distribution of the license workload as uniformly as is practicable throughout the calendar year. Licenses issued under this section are valid for twenty-four (24) months and expire on the last day of the last month of the license period. However, during a transition period, or at any time thereafter when the department determines that the volume of work for any given interval is unduly burdensome or costly, either the licenses or renewals, or both of them, may be issued for terms of not less than six (6) months nor more than eighteen (18) months. The fee imposed for any license under this section for a period of other than twenty-four (24) months shall be proportional to the annual fee and modified in no other manner, except that the proportional fee shall be rounded off to the nearest quarter of a dollar (25¢).
(2)
In order to transition regulation of pain management clinics to a system of licensure, the department is authorized to require the licensure of a clinic with a certificate holder under this part on the date of the expiration of the certificate. The pain management clinic may continue to operate until the certificate expires, and the certificate shall be deemed to be a license under this part until it expires. On the expiration of the certificate, the clinic may seek an initial licensure under this section.
(c)
The department shall inspect each pain management clinic a minimum of once every two (2) years to ensure compliance with this part. The department shall not refuse license renewal based solely upon failure of the department to inspect a pain management clinic as required by this subsection (c).
(d)
Any medical director, in order to lawfully establish, conduct, operate, or maintain a pain management clinic shall obtain a license from the department in the following manner:
(1)
The medical director shall submit an application on a form to be prepared by the department, showing that the medical director is of good moral character and able to comply with the minimum standards for a pain management clinic and with rules lawfully promulgated under this part. The medical director shall also submit any required fees. The application shall contain the following additional information:
(A)
The name or names of all owners;
(B)
The location of the pain management clinic;
(C)
The name of the medical director, and the identification of any other license or application related to a pain management clinic with which the medical director is associated;
(D)
The names and Tennessee license numbers for any employees of the clinics or other persons with whom the clinic has contracted for services;
(E)
Whether any owner, employee, or person with whom the clinic contracts has been convicted of any felony; is under indictment for any offense involving the sale, diversion, or dispensing of controlled substances under state or federal law; or has had any license issued by any jurisdiction, under which the person may prescribe, dispense, administer, supply, or sell a controlled substance, restricted, disciplined, or denied; and
(F)
Other information as the department may reasonably require;
(2)
If the commissioner determines that a license for any pain management clinic will not be granted in accordance with this section, the commissioner shall notify the applicant; and
(3)
If the commissioner finds that the applicant complies with this part and the rules promulgated under this part, then the commissioner may recommend and approve the issuance of a license, and a license may be issued by the department licensing the applicant to operate the pain management clinic.
(e)
(1)
The commissioner shall promulgate by rule additional licensure requirements that define appropriate health and safety standards necessary to protect the health and welfare of residents.
(2)
The commissioner shall promulgate by rule additional financial requirements, such as bonds or liability insurance, to be required of pain management clinics.
(f)
Each license to operate a pain management clinic shall expire as provided in subsection (b) and shall become invalid on that date unless renewed. A licensee may renew its license within sixty (60) days following the license expiration date upon payment of the renewal fee in addition to a late penalty established by the commissioner for each month or fraction of a month that payment for renewal is late. A late penalty shall not exceed twice the renewal fee. If a licensee fails to renew its license within sixty (60) days following the license expiration date, the licensee shall reapply for licensure in accordance with the rules established by the commissioner and shall cease operation of the clinic until such time as the clinic is duly licensed. A license shall not be assignable or transferable, shall be issued only for the location named in the application, shall be posted in a conspicuous place in the pain management clinic, and may be renewed as provided in this part.
(g)
(1)
The commissioner may deny, suspend, revoke, or otherwise discipline or restrict the license issued under this part on any of the following grounds:
(A)
A violation of this part or of the rules promulgated pursuant to this part;
(B)
The permitting, aiding, or abetting the commission of any illegal act in the pain management clinic;
(C)
A license issued in error;
(D)
Any conduct or practice found by the commissioner to be detrimental to the welfare of the patients in the pain management clinic;
(E)
A conviction of any employee of the clinic for an offense involving the sale, diversion, or dispensing of controlled substances under state or federal law related to the operation of the clinic;
(F)
Any owner has been convicted of, pled nolo contendere to, or received deferred adjudication for an offense that constitutes a felony;
(G)
Any owner or employee or person who otherwise provides services in the clinic or contracts with the clinic has ever been denied, by any jurisdiction, a license under which the person may prescribe, dispense, administer, supply, or sell a controlled substance;
(H)
Any owner or employee or person who otherwise provides services in the clinic or contracts with the clinic has ever held a license issued by any jurisdiction, under which the person may prescribe, dispense, administer, supply, or sell a controlled substance, that has been restricted; and
(I)
Any owner or employee or person who otherwise provides services in the clinic or contracts with the clinic has ever been subject to disciplinary action by any licensing entity for conduct that was the result of inappropriately prescribing, dispensing, administering, supplying, or selling a controlled substance.
(2)
The commissioner may, after a hearing, hold the case under advisement and make a recommendation as to requirements to be met by the pain management clinic in order to avoid suspension, revocation, or other discipline of a license or suspension of admissions.
(3)
The commissioner may promulgate rules defining the sanction structure and associated penalties.
(4)
The hearing to deny a license, suspend a license, revoke a license, place a pain management clinic on probation, or impose any other sanction, and judicial review of the commissioner's decision, shall be in accordance with the Uniform Administrative Procedures Act (UAPA), compiled in title 4, chapter 5, and shall include the right to appeal and judicial review under the UAPA.
(h)
On or after July 1, 2017, no owner of a pain management clinic shall locate or participate in locating a pharmacy, as defined in §
63-10-204
, in which any owner has an ownership interest, in a location that is adjacent to the location of the clinic. Locating a pharmacy in which any owner of a pain management clinic has an ownership interest adjacent to the clinic shall result in the revocation of the license to operate the pain management clinic.
(i)
The commissioner is authorized to promulgate, in accordance with the Uniform Administrative Procedures Act rules as are necessary to set fees for licensure, renewal of licensure, late renewal fees, and other fees.
(j)
Any licensee or applicant for a license aggrieved by a decision or action of the department or commissioner pursuant to this part may request a hearing before the commissioner.
Added by 2016 Tenn. Acts, ch. 1033, s 2, eff. 7/1/2017.
See Executive Order No. 36 (5/12/2020), which suspended the provisions of Tennessee Code Annotated, T.C.A. 63-1-316, to the extent that they require the Department of Health to conduct inspections oflicensed pain management clinics, when conducting an inspection would not be appropriate given the risks associated with COVID-19.