A chapter on “Pain Management Clinics” in TMA’s online law guide has been updated to include final pain management clinic rules, state pain clinic guidelines, state chronic pain guidelines and state laws to create a comprehensive, one-stop resource for pain management specialists.
The online law guide, one of TMA’s most popular member resources, is available at tnmed.org/lawguide and requires a member login.
TMA has received some early feedback from pain management clinic inspections taking place after July 1, when the pain management clinic licensure system went into effect. Failing an inspection could subject a clinic to a $1,500 re-inspection fee. Having the inspection or re-inspection occur after the clinic’s registration expires could mean a shutdown for the clinic. The most important lesson learned from early inspection feedback is that clinics should submit their licensure applications six months in advance of the clinic’s expiration date. The state is interpreting this to allow for a 90-day application review then 90 days to inspect the clinic. Most individuals who read the rule interpreted the rule to require applications to be submitted on 90 days before expiration.
TMA is soliciting feedback on members’ inspection experiences so that members can be advised of pitfalls and avoid the $1,500 re-inspection tax. The related online law guide topic, “Pain Management Clinics,” will be updated periodically with helpful advice and information on traps to avoid in the clinic inspection process, such as these hints based on member reports:
Inspector asked for criminal background check for alternate medical director.
Inspector asked for sharps injury log.
Inspector asked for medication log.
Inspector found that the lidocaine in the lumbar trays had expired.
Inspector asked to see documented training of clinical staff related to infection control and aseptic technique; clinic was asked to submit documentation verifying staff with direct patient contact received infection control training.
Inspector noted a blank log for incidents related to infectious and communicable diseases and asked if the clinic had an active log of incidents (needle stick, etc.).
Clinic had to resubmit criminal background checks because they did not come directly from the state vendor named in the licensure application. The criminal background checks need to be done through Identogo by MorphoTrusthttp://www.tn.gov/health/article/CBC-instructions.
If your clinic has been inspected after July 1, 2017 and you would like to submit feedback regarding the inspection, please contact firstname.lastname@example.org .
Additional resources for pain management specialist members includes our law guide topic on “Pain Management Clinic – Guidance on Cash Prohibition” and “Supervising Physician’s Toolkit,” an office compliance checklist for physicians supervising APRNs and PAs working in pain management clinics.
TMA members can access these and other resources at tnmed.org/legal.