Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 78 - Pain Management Clinics › Subchapter A - General Provisions › Section I-7801 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
Addiction Facility
-a facility that is
						licensed for the treatment of addiction to, or abuse of illicit drugs or
						alcohol, or both.
Administrator
-the person responsible for
						the day-to-day management, supervision, and non-medical operation of the pain
						management clinic.
Board
-the Louisiana State Board of
						Medical Examiners.
Cessation of Business
-provider is
						non-operational and has stopped offering or providing services to the
						community.
Chronic Pain
pain which persists beyond
						the usual course of a disease, beyond the expected time for healing from bodily
						trauma, or pain associated with a long-term incurable or intractable medical
						illness or disease.
Controlled Substance-
any substance
						defined, enumerated or included in federal or state statute or regulations  21
						C.F.R.§1308 . 11-15 or
						R.S.40:964,
						or any substance which may hereafter be designated as a controlled substance by
						amendment or supplementation of such regulations and statutes.
DAL
-Division of Administrative
						Law.
Deficient Practice
-a finding of
						non-compliance with a licensing regulation.
Department
-the Department of Health and
						Hospitals.
Health Standards Section (HSS)-
the
						section within the Department of Health and Hospitals with responsibility for
						licensing pain management clinics.
Intractable Pain
a chronic pain state in
						which the cause of the pain cannot be eliminated or successfully treated
						without the use of controlled substance therapy and, which in the generally
						accepted course of medical practice, no cure of the cause of pain is possible
						or no cure has been achieved after reasonable efforts have been attempted and
						documented in the patient's medical record.
Noncancer-Related Pain
pain which is not
						directly related to symptomatic cancer.
Non-Malignant
synonymous with
						noncancer-related pain.
Non-Operational
-the pain management
						clinic is not open for business operation on designated days and hours as
						stated on the licensing application.
Operated By
-actively engaged in the
						care of patients at a clinic.
OPH
-the Department of Health and
						Hospitals, Office of Public Health.
Pain Management Clinic or "Clinic"
-a
						publicly or privately owned facility which primarily engages in the treatment
						of pain by prescribing narcotic medications.
Pain Specialist
-a physician, licensed
						in Louisiana, with a certification in the subspecialty of pain management by a
						member board of the American Boards of Medical Specialties.
1. For urgent care facilities in operation on or before
						June 15, 2005, the definition of pain specialist is a physician who is licensed
						in the state of Louisiana, board-certified in his or her area of residency
						training and certified within one year from the adoption of this Rule in the
						subspecialty of pain management by any board or academy providing such
						designation such as the American Boards of Medical Specialties, American Board
						of Pain Management, American Academy of Pain Management or the American Board
						of Interventional Pain Physicians. Any conflict, inconsistency or ambiguity
						with any other regulations contained in this chapter shall be controlled by
						§7801
Physician
-an individual who:
1. possesses a current, unrestricted license from the
						board to practice medicine in Louisiana;
2. during the course of his practice has not been denied
						the privilege of prescribing, dispensing, administering, supplying, or selling
						any controlled dangerous substance; and
3. during the course of his practice has not had board
						action taken against his medical license as a result of dependency on drugs or
						alcohol.
Primarily Engaged in Pain
						Management
-during the course of any day a clinic is in operation, 51
						percent or more of the patients seen are issued a narcotic prescription for the
						treatment of chronic non-malignant pain. Exception: A physician who in the
						course of his/her own private practice shall not be considered primarily
						engaged in the treatment of chronic non-malignant pain by prescribing narcotic
						medications provided that the physician:
1. treats patients within his/her area of specialty and
						who utilizes other treatment modalities in conjunction with narcotic
						medications;
2. is certified by a member board of the American Board
						of Medical Specialties; and
3. currently holds medical staff privileges that are in
						good standing at a hospital in this state.
Urgent Care Facility
-a medical clinic
						which offers primary and acute health services to the public during stated
						hours of operation and which must accommodate walk-in patients seeking acute
						health services. For purposes of this definition, the treatment of chronic pain
						patients is not considered acute health services.
AUTHORITY NOTE:
						Promulgated in accordance with R.S.
						40.2198.11-13.