Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-29 - Pain Management Clinics › Section 4731-29-01 - Standards and procedures for the operation of a pain management clinic

Current through all regulations passed and filed through July 1, 2024
(A) For the
			 purposes of this rule:
(1) "Board" means
			 state medical board of Ohio.
(2)
			 "Chronic pain" means pain that has persisted after reasonable medical efforts
			 have been made to relieve the pain or cure its cause and that has continued,
			 either continuously, or episodically, for longer than three continuous months.
			 "Chronic pain" does not include pain associated with a terminal condition or
			 with a progressive disease that, in the normal course of progression, may
			 reasonably be expected to result in a terminal condition.
(3) "Hospital" means a hospital registered
			 with the department of health under section
			 3701.07 of the Revised
			 Code.
(4) "Informed consent" means
			 a process of communication between a patient and physician that results in the
			 patient's signed authorization or agreement to undergo a specific medical
			 intervention after all of the following subjects are discussed:
(a) The patient's diagnosis;
(b) The nature and purpose of the proposed
			 treatment or procedure;
(c) The
			 risks and benefits of a proposed treatment or procedure;
(d) Alternatives regardless of their costs or
			 the extent to which the treatment options are covered by health
			 insurance;
(e) The risks and
			 benefits of the alternative treatment or procedure; and
(f) The risks and benefits of not receiving
			 or undergoing a treatment or procedure.
(5) "Owner" means each person included on the
			 list maintained under division (B) (5) of section
			 4729.552 of the Revised Code.
(6)
			 "Pain management clinic" means a facility 
									in which
			 the majority of patients of the prescribers at the facility
			 are provided treatment for chronic pain that includes the use of controlled
			 substances. In determining whether the facility meets the requirements of this
			 paragraph:
(a)
										Calculation of the majority of patients will be based upon
			 the number of patients treated in a calendar month;
(b)
										Patients
			 receiving controlled substances for treatment of an injury or illness that
			 lasts or is expected to last thirty days or less shall not be considered in the
			 calculation of the majority.
(7) "Pain management
			 clinic" does not include the following:
(a) A
			 hospital;
(b) A facility operated
			 by a hospital for the treatment of pain or chronic pain;
(c) A physician practice owned or controlled,
			 in whole or in part, by a hospital or by an entity that owns or controls, in
			 whole or in part, one or more hospitals;
(d) A school, college, university, or other
			 educational institution or program to the extent that it provides instruction
			 to individuals preparing to practice as physicians, podiatrists, dentists,
			 nurses, physician assistants, optometrists, or veterinarians or any affiliated
			 facility to the extent that it participates in the provision of that
			 instruction;
(e) A hospice program
			 licensed under Chapter 3712. of the Revised Code;
(f) An ambulatory surgical facility licensed
			 under section 3702.30 of the
Revised Code;
(g) An interdisciplinary pain rehabilitation
			 program with three-year accreditation from the commission on accreditation of
			 rehabilitation facilities;
(h)
										A nursing home licensed under section
			 3721.02 of the Revised Code or
			 by a political subdivision certified under section
			 3721.09 of the Revised Code;
			 or
(i)
										A facility conducting only clinical research that may
			 use controlled substances in studies approved by a hospital-based institutional
			 review board or an institutional review board accredited by the association for
			 the accreditation of human research protection programs.
(8) "Physician" means an individual authorized under
			 chapter 4731. of the Revised Code to practice medicine and surgery or
			 osteopathic medicine and surgery.
(9) "Prescriber" has
			 the same meaning as in section
			 4729.01 of the Revised Code.