Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 20 - Health Services and Facilities › Section 902 KAR 20:420 - Pain management facilities

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				198B.260, 216B.010-216B.131,
				216B.990,
				218A.175,
				311, 314,
				29 C.F.R.
				1910.1030(d)(2)(vii),
				21
				U.S.C. 801 -
				971
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				216B.042 requires the Cabinet for Health and
				Family Services to promulgate administrative regulations necessary for the
				proper administration of the licensure function, which includes establishing
				licensure standards and procedures to ensure safe, adequate, and efficient
				health facilities and health services.
				KRS
				216B.105 authorizes the cabinet to promulgate
				administrative regulations to deny, revoke, modify, or suspend a license issued
				by the cabinet, if it finds that there has been a substantial failure to comply
				with the provisions of KRS Chapter 216B or this administrative regulation.
				KRS
				218A.175 imposes a physician-ownership or
				investment requirement on all pain management facilities except for those
				health facilities operating as a pain management facility on April 24, 2012,
				unless there is an administrative sanction or criminal conviction relating to
				controlled substances imposed on the facility or any person employed by the
				facility for an act or omission done within the scope of the facility's license
				or the person's employment. This administrative regulation establishes the
				minimum licensure requirements for the operation of a pain management facility
				that is exempt from the physician-ownership requirement of
				KRS
				218A.175.
Section
			 1. Definitions.
(1) "Adverse
			 action" means action taken by the Cabinet for Health and Family Services,
			 Office of Inspector General, to deny, suspend, or revoke a pain management
			 facility's license to operate.
(2)
			 "License" means an authorization issued by the cabinet for the purpose of
			 operating a pain management facility.
(3) "Licensee" means the owner, individual,
			 agency, partnership, or corporation, in which the ultimate responsibility and
			 authority for the conduct of the pain management facility, or a satellite
			 facility, is vested.
(4) "National
			 and State Background Check Program" means an initiative implemented by the
			 cabinet pursuant to
			 906 KAR
			 1:190 for the performance of:
(a) Registry checks; and
(b) Fingerprint-supported criminal background
			 checks performed by the Department of Kentucky State Police and the Federal
			 Bureau of Investigation.
(5) "Pain management facility" or "facility"
			 is defined by
			 KRS
			 218A.175(1)
(6) "Satellite facility" means a pain
			 management facility permitted by
			 KRS
			 218A.175(2)(b) to open and
			 operate under the license of a parent pain management facility that:
(a) Is licensed under this administrative
			 regulation pursuant to the physician-ownership exemption of
			 KRS
			 218A.175(2)(a);
			 and
(b) Does not have a pending
			 adverse action.
(7)
			 "Unencumbered license" means a license that has not been restricted by the
			 state professional licensing board due to an administrative sanction or
			 criminal conviction relating to a controlled substance.