HB 1499 Summary

• Requires practitioners authorized to prescribe controlled substances to complete a 3-hour continuing education course on prescribing, administering, and dispensing Schedule II-IV controlled substances, with specific content requirements including pain management, drug screening, and identification of drug abuse.

• Establishes mandatory registration for privately owned pain-management clinics with the Department of Health, effective January 4, 2010, with annual inspections and requirements for a designated physician to practice onsite and review at least 33% of patient files weekly.

• Prohibits pain-management clinics from being owned by or contracting with individuals with prior disciplinary action for controlled substance violations, denied prescribing privileges, or felony convictions related to drug diversion.

• Requires personal information statements and fingerprints for background checks of clinic managers, top employees, and affiliated parties; authorizes department to suspend or revoke clinic registration for non-compliance.

• Creates criminal penalties including third-degree felonies for knowingly operating unregistered pain-management clinics and misdemeanors for unlawfully prescribing controlled substances in such clinics; amends fraud-related offenses to include obtaining controlled substances through misrepresentation or concealment of material facts.