La. Admin. Code tit. 48 § I-7801
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 Painpain 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 Paina 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 Painpain which is not directly related to symptomatic cancer.
Non-Malignantsynonymous 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.
La. Admin. Code tit. 48, § I-7801