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About Us

Who We Are
Concerned pain physicians, other physicians, and midlevels engaged in the treatment of chronic pain.
What We Do
Develop standards for ethical behavior of both patients and physicians in the realm of pain, and provide single website source
Governance
The Board is composed of pain physicians practicing more than 50% full time pain but cannot serve more than 2 years as chair.
Where We Are Going
Working to define pain regulation preemptively, malpractice/substance abuse patient accountability and research facilitation
Contact Us
Email: algosdoc1@yahoo.com Telephone: APM 812-342-8300

Hot Button

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Legislation 2013

The 2013 Legislative session is a flurry of activity from Jan-March. Below are some of the proposed laws that would potentially affect pain physicians and other physicians.


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Meningitis Outbreak

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Opting Out/Disenroll

OPTING OUT/DISENROLLING FROM ENTITLEMENT PROGRAMS COVERAGE


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From enrolled act SB 24 (passed by the legislature)
SOURCE: ; (12)SE0024.1.26. -->     SECTION 26. [EFFECTIVE JULY 1, 2012] (a) As used in this SECTION, "pain management facility" means a facility:
        (1) in which the primary component of practice at the facility is the treatment of pain; or
        (2) that advertises for the treatment of pain; and
the majority of patients at the facility are prescribed controlled substances or other drugs.
    (b) The general assembly urges the legislative council to assign

to a study committee, for study during the 2012 legislative interim, the topic of pain management facilities, including the following:
        (1) The effectiveness of current laws and rules in Indiana to regulate and monitor pain management facilities and prescribers of controlled substances.
        (2) Programs and regulations in other states that effectively regulate and monitor pain management facilities and prescribers of controlled substances.
    (c) If the topic of pain management facilities is assigned to a study committee, the study committee shall issue a final report to the legislative council containing the study committee's findings and recommendations, including any recommended legislation concerning the topic, not later than November 1, 2012.
    (d) This SECTION expires June 30, 2013.

SOURCE: ; (12)SE0024.1.27. -->     SECTION 27. An emergency is declared for this act.
 <IPS Board comments:  This development was predictable long ago and was predicated by the development of the IPS standards to address legislative action on this front once it occurred.   The IPS will contact the interim session and offer our input into the process.  >



DIGEST OF HB 1196 (Updated March 5, 2012 6:45 pm - DI 84)
Synthetic drugs (including "bath salts"). Changes the term "synthetic cannabinoid" to "synthetic drug". Adds additional chemical compounds (including some compounds sold as "bath salts") to the definition of synthetic drugs and expands the definition of synthetic drugs to include certain chemical compounds that are structurally related to synthetic drugs. Allows the board of pharmacy (board) to adopt an emergency rule to declare that a substance is a synthetic drug.  Provides that the definition of synthetic drug includes a compound determined to be a synthetic drug by a rule adopted by the board. Enhances penalties for dealing in or possessing a synthetic drug if the amount of the synthetic drug is more than two grams. Provides that if the department of state revenue (department) finds that a person has been convicted of selling or offering to sell a synthetic drug that was offered for sale in the normal course of business by a retail merchant in a place of business for which the retail merchant has been issued a registered retail merchant certificate, the department: (1) shall suspend the registered retail merchant certificate for the place of business for one year; and (2) may not issue another retail merchant certificate for one year to any person that applied for or made a retail transaction under the suspended retail merchant certificate or that owned or co-owned, directly or indirectly, or was an officer, a director, a manager, or a partner of the retail merchant that was issued the suspended retail merchant certificate. Makes technical corrections.
 
DIGEST OF HB 1216 (Updated March 5, 2012 6:52 pm - DI 84)
 Self-donated blood. Provides that certain blood disposal requirements do not apply to autologous donations for stem cell transplantation. Provides that the crime of transferring contaminated body fluids does not apply to autologous blood donations for stem cell transplantation.
 
DIGEST OF HB 1269 (Updated March 10, 2012 1:11 am - DI 104)
 Health care compact. Establishes the health care compact. Requires the securing of the consent of the United States Congress. Specifies that the state legislature of each member state has the primary responsibility to regulate health care in the member state's jurisdiction. Allows the governor to enter into the compact on behalf of the state only after: (1) the budget committee reviews the compact and an implementation plan developed by the budget agency; (2) the budget agency prepares an implementation plan showing how Indiana will provide access to health care under the compact; and (3) the budget agency presents the plan to the health finance commission. Specifies that Indiana's participation in the compact does not include the administration of the
 federal Medicare program unless the General Assembly takes action that specifically authorizes the inclusion of Medicare in the compact. Allows member states of the compact to suspend all federal laws, regulations, and orders concerning health care that are inconsistent with the laws and regulations adopted by the member state under the compact, to the extent allowed under the Constitution of the United States and the constitution of the member state. Creates the interstate advisory health care commission consisting of individuals from member states.

DIGEST OF HB 1360 (Updated March 9, 2012 8:28 pm - DI 77)
 Health matters. Provides a process for approval of an entity that is approved by a national accrediting body to provide certain services under home and community based services waivers. Requires the Indiana Donation Alliance Foundation and Donate Life Indiana to submit an annual audited report concerning the anatomical gift promotion fund (fund) to the: (1) speaker of the house of representatives; (2) president pro tempore of the senate; (3) senate health and provider services committee; and (4) house of representatives public health committee; before February 1. Provides that money in the fund may not be distributed for any quarter of a year until the report for the previous year has been submitted. Requires that any annual reports that were not submitted before March 15, 2011, must be submitted by August 1, 2012. Extends the expiration date of the fund from July 1, 2012, to July 1, 2014. Exempts the health and hospital corporation from following certain procedures in the sale, lease, or disposal of property. (Current law exempts the health and hospital corporation from following these procedures in the disposal of surplus property.) Adds the violations of failing to disclose, or negligently omitting, documentation requested for license renewal to the list of violations for which the medical licensing board of Indiana may investigate and assess a civil penalty against a physician.

DIGEST OF SB 13 (Updated February 14, 2012 2:22 pm - DI 84)
Cash assistance point of service and drug reports. Prohibits the distribution of cash assistance benefits at a point of sale terminal that is located on the premises of an adult entertainment establishment. Requires specified establishments to post signs on point of sale terminals on the 36premises that state that the terminal may not be used to receive cash assistance benefits. Requires the drug utilization review board to prepare and submit a preferred drug list report to the select joint commission on Medicaid oversight one time per year. (Current law requires the report twice a year.) (The introduced version of this bill was prepared by the select joint commission on Medicaid oversight.)
 
DIGEST OF SB 15 (Updated March 8, 2012 3:05 pm - DI 104)
 Brain injury services and Medicaid.  Requires the state department of health (state department) and the office of the secretary of family and social services (office) to study current brain injury services that are offered in Indiana, determine whether there are deficiencies in the services, and determine how to implement additional services and neurobehavioral rehabilitation programs in Indiana. Establishes an advisory committee to assist the state department and the office in the study. Requires the following to be provided to the health finance commission: (1) Information concerning the study of brain injury services in Indiana; and (2) Information concerning the feasibility and development of a risk based managed care pilot program for aged, blind, and disabled Medicaid recipients. (The introduced version of this bill was prepared by the health finance commission.)
  
DIGEST OF SB 24 (Updated February 28, 2012 12:57 pm - DI 84)
 Mental health issues. Renames the "mental health and addiction advisory council" the "mental health and addiction planning and advisory council" and adds members to consolidate the current council with a body required by federal law. Repeals provisions concerning terms of appointed members and repeals a provision that applies general rules for family and social services administration bodies to the planning and advisory council. Removes a provision under which lay members of the commission on mental health and addiction are ineligible for per diem or traveling expenses. Provides that superintendents of state hospitals serve at the will of the 38director of the division of mental health and addiction and not for a term of four years. Removes provisions requiring bonds for superintendents of state operated facilities. Gives the director of the division of mental health and addiction instead of the superintendent of each hospital the
 authority to regulate smoking at state hospitals. Requires individuals applying for a social worker, marriage and family therapist, or counselor license to have a criminal history background check. Clarifies a provision that requires an applicant for a license as a marriage and family therapist to have two years of postdegere clinical experience. Reestablishes a provision that expired in 2011 concerning exempting certain individuals from the licensure requirement for addiction counselors.  Repeals obsolete provisions concerning: (1) the dawn project; (2) the biennial opioid report; (3) the closing of Central State Hospital; (4) mandated bond requirements for superintendents of state hospitals; and (5) the definition of "maintain". Makes conforming changes. Urges the assignment to an interim committee the study of the regulation of pain management facilities and prescribers of controlled substances. (The introduced version of this bill was prepared by the commission on mental health and addiction.)
Taken directly from the enrolled act of the bill is the following regarding pain management:

SOURCE: ; (12)SE0024.1.26. -->     SECTION 26. [EFFECTIVE JULY 1, 2012] (a) As used in this SECTION, "pain management facility" means a facility:
        (1) in which the primary component of practice at the facility is the treatment of pain; or
        (2) that advertises for the treatment of pain; and
the majority of patients at the facility are prescribed controlled substances or other drugs.
    (b) The general assembly urges the legislative council to assign

to a study committee, for study during the 2012 legislative interim, the topic of pain management facilities, including the following:
        (1) The effectiveness of current laws and rules in Indiana to regulate and monitor pain management facilities and prescribers of controlled substances.
        (2) Programs and regulations in other states that effectively regulate and monitor pain management facilities and prescribers of controlled substances.
    (c) If the topic of pain management facilities is assigned to a study committee, the study committee shall issue a final report to the legislative council containing the study committee's findings and recommendations, including any recommended legislation concerning the topic, not later than November 1, 2012.
    (d) This SECTION expires June 30, 2013.

SOURCE: ; (12)SE0024.1.27. -->     SECTION 27. An emergency is declared for this act.
 <IPS Board comments:  This development was predictable long ago and was predicated by the development of the IPS standards to address legislative action on this front once it occurred.   The IPS will contact the interim session and offer our input into the process.  >

DIGEST OF SB 52 (Updated March 8, 2012 2:59 pm - DI 104)
HIV testing. Allows a physician or physician's authorized representative to test an individual for HIV if certain conditions are met unless the individual to be tested refuses to consent to the test.  (Current law prohibits a physician from performing the test without the oral or written consent of the individual.) Requires a refusal by an individual to have the test to be documented in the individual's medical record. Requires the physician or authorized representative to: (1) discuss with the patient the availability of counseling concerning the test results; (2) notify the patient of the test results; and (3) inform a patient with a test result indicating that the patient is HIV infected of treatment and referral options available to the patient. Provides that under certain circumstances, a physician may order an HIV test for a patient without informing the patient or despite the individual's refusal of the test. (The introduced version of this bill was prepared by the health finance commission.)
  
DIGEST OF SB 97 (Updated March 9, 2012 12:51 pm - DI 69)
 Public intoxication. Provides that a person may not be convicted of certain offenses relating to public intoxication unless the person: (1) endangers the person's life; (2) endangers the life of another person; (3) breaches the peace or is in imminent danger of breaching the peace; or (4) harasses, annoys, or alarms another person. Prohibits a person from initiating or maintaining an action against a law enforcement officer based on the officer's failure to enforce certain laws concerning public intoxication offenses. <IPS Board note: this appears to apply to alcohol intoxication but could also entail opioid or prescription drug intoxication>
 
 DIGEST OF SB 154 (Updated February 28, 2012 1:00 pm - DI 84)
 Operating a motorboat while intoxicated. Makes operating a motorboat while having a schedule I or II controlled substance in the person's body a Class C misdemeanor. Transfers the crime of operating a motorboat while intoxicated from Title 14 concerning natural resources to Title 35 concerning criminal law and procedure. Removes provisions that required a court, in addition to any criminal penalties, to order a person to not operate a motorboat for at least: (1) one year for committing a misdemeanor; and (2) two years for committing a felony; under the law concerning operating a motorboat while intoxicated.  Makes conforming amendments and repeals superseded provisions. <IPS Board Comments:  The actual bill specifies any operation of a motorboat or sailboat with an operating motor or personal watercraft in the presence of impairment of thought or action or the person's faculties while under the influence of alcohol or a Schedule I or II drug or the metabolites of such drugs, whether prescribed or not, is guilty of a Class C misdemeanor.  The person must submit to breathylizer or chemical testing on request of the officer.  Interestingly, the person may operate a sailboat without the motor turned on, and this entire statute does not apply. >
  
DIGEST OF SB 223 (Updated March 9, 2012 7:41 pm - DI 104)
 Department of health matters. Requires a local health officer to show identification and receive consent before entering a premises to inspect or perform other tasks to determine compliance with public health laws and rules and to prevent and suppress disease. Sets forth circumstances in which consent is not required. Sets forth multiple actions that a court may take to enforce a local board of health order, citation, or administrative notice. (Current law allows the court to enforce an order by injunction.) Specifies that the entries into the Indiana death registration system are required only for deaths that occurred after December 31, 2010. Allows the state department of health (department) to adopt rules concerning who may input and retrieve data from the immunization data registry (registry). Allows an individual to file a registry exemption with the department. Allows the release of registry information to specified persons without the consent of the person. Removes language that requires the department to convene a panel concerning expanding access to the registry. Removes a requirement that a health care professional work at least one year in a shortage area or at other specified health centers in order to be eligible for the
 loan repayment program. Requires that the health care professional agree to practice in the shortage area for at least one year. Allows the Indiana health care professional recruitment and retention fund to be used to encourage delivery of health care in shortage areas on a full-time or less than full-time basis.
 
 DIGEST OF SB 407 (Updated March 9, 2012 7:46 pm - DI 104)
 Pharmacy matters. Allows a hospital holding a Type II pharmacy permit to offer drugs and devices to certain individuals who work or volunteer at the hospital and their dependents. Allowsa pharmacist to supervise not more than six licensed pharmacy technicians or pharmacy technicians in training at any time. (Currently, a pharmacist may supervise not more than four licensed pharmacy technicians or pharmacy technicians in training.) Prohibits the Indiana board
 of pharmacy from issuing a pharmacy technician certificate to an individual who has been convicted of a felony involving controlled substances. Allows a pharmacist, upon request of the patient, to dispense a 90 day supply of a prescription under specified circumstances. Requires the pharmacist to notify the prescriber of the change in the quantity filled and inform the customer concerning whether the additional drug supply of the prescription is covered under the patient's insurance.
IPS BOARD NOTE: The actual bill specifies that this only applies if the patient has a script that has refills that would last 90 days or more with the refills, and that the medication is not a controlled substance.  This provision permits local pharmacies to give 3 month single scripts at discount prices.
Specifies pharmacy audit requirements, including notice procedures and limitations on an initial audit and onsite audits. Requires a period of at least 30 days during which a pharmacy may appeal preliminary audit report findings. Provides for the correction of clerical errors. Requires the health finance commission to study during the 2012 legislative interim: (1) the issue of certain pharmacies and whether any limitation should be placed on the dispensing of a
 prescription drug by the pharmacies; and (2) specified health insurance plans and the number of covered people with copayments, coinsurance amounts, and out-of-pocket costs incurred for prescription drugs that exceed specified amounts for the coverage.