SB195 HFA ELLINGTON 3-8

            Delegate Ellington moves to amend the amendment on page six, line 93 after the colon by striking the remainder of subsection (s) and inserting the following:

“On page 3, after subsection 2.24, by inserting new language as follows:

‘2.25. Terminal Condition – an illness or disease that cannot be cured and the medical prognosis is that the individual’s life expectancy is six months or less if the illness runs its normal course.’

And, renumbering the remaining subsections.

And,

On page 3, subdivision 3.1.b, by striking the word ‘prescribers’ and inserting ‘clinic’ and inserting after the word ‘conditions’ the phrase ‘that are not terminal’. On page three, subdivision 3.1.b, by reinserting the stricken language ‘in any one month’;

And,

On page 3, subdivision 3.1.c, after the word, ‘office’ by reinserting the stricken language ‘in any one month’ and after the word, ‘office’ by reinserting the stricken language ‘in any one month’;

And,

On page 4, subdivision 3.1.c, by inserting after the word ‘pain’ the phrase ‘for conditions that are not terminal’;

And,

On page 4, subdivision 3.1.d, by inserting after the period the following language:

‘Clinics below the fifty percent patient calculation threshold will be subject to continued monitoring by the Office of Health Facility Licensure and Certification for changes in the patient ratio.  Failure to cooperate with requests for information to verify patient calculations may subject the clinic to penalties and equitable relief pursuant to Section 18 of this rule.’;

And,

On page 4, after subdivision 3.1.d, inserting new language as follows:

‘3.1.e.  A pain clinic shall not offer a bounty, monetary or equipment or merchandise reward, or free services for individuals in exchange for recruitment of new patients into the clinic.  A pain clinic shall not recruit new patients for the purpose of attempting to circumvent the licensure requirements of this rule.’;

And,

On page 5, by striking subparagraph 3.2.i.2. in its entirety;

And,

On page 5, subdivision 4.1.d., by inserting the word ‘designated’ before the term ‘physician owner’;

And,

On page 9, subsection 5.4, by inserting after the period the following:

‘If access is denied, a judge of any court of record in this state having criminal jurisdiction, and upon proper oath or affirmation showing probable cause, may issue administrative warrants for the purpose of conducting inspections and seizures of property appropriate to the inspections.’;

And,

On page 16, subparagraph 10.2.c.6, after the word, every by removing, ‘90’ and inserting ‘60’;

And,

On page 20, by inserting new subdivision 11.7.n to read as follows: ‘11.7.n A record of all cash transactions.’;

And,

On page 26, section 19, by inserting before the word suspended the word ‘denied,’.”