Current through Register Vol. XLI, No. 50, December 13, 2024
Section 69-8-17 - Penalties and Equitable Relief17.1. Grounds for Penalties and Injunctions. 17.1.1. Any person, partnership, association, or corporation which establishes, conducts, manages, or operates a pain management clinic without first obtaining a license therefore or which violates any provisions of law or rule shall be assessed a civil money penalty by the secretary in accordance with this rule.17.1.2. Each day of continuing violation after notification of the infraction shall be considered a separate violation.17.1.3. If the clinic's designated physician owner knowingly and intentionally misrepresents actions taken to correct a violation, the secretary may impose a civil money penalty not to exceed $10,000 and revoke or deny the pain management clinic's license.17.1.4. If an owner or designated physician owner of pain management clinic concurrently operates an unlicensed pain management clinic, the secretary may impose a civil money penalty upon the owner or physician, or both, not to exceed $5,000 per day.17.1.5. If the owner of a pain management clinic that requires a license under this article fails to apply for a new license for the clinic upon a change of ownership and operates the clinic under the new ownership, the secretary may impose a civil money penalty not to exceed $5,000.17.1.6. If a physician knowingly operates, owns, or manages an unlicensed pain management clinic that is required to be licensed pursuant to this article; knowingly prescribes or dispenses, or causes to be prescribed or dispensed, controlled substances in an unlicensed pain management clinic that is required to be licensed; or obtains a license to operate a pain management clinic for any other person by making or causing to be made any false representation, the secretary may assess a civil money penalty of not more than $20,000. The penalty may be in addition to or in lieu of any other action that may be taken by the secretary or any other board, court, or entity.17.2. Notwithstanding the existence or pursuit of any other remedy, the secretary may, in the manner provided by law, maintain an action in the name of the state for an injunction against any person, partnership, association, and/or corporation to restrain or prevent the establishment, conduct, management, or operation of any pain management clinic or violation of any provisions of this article or any rule lawfully promulgated thereunder without first obtaining a license therefore in the manner hereinbefore provided.17.2.1. The secretary may also seek injunctive relief if the establishment, conduct, or management or operation of any pain clinic, whether licensed or not, jeopardizes the health, safety, and/or welfare of any or all of its patients.17.2.2. In determining whether a penalty is to be imposed and in fixing the amount of the penalty, the secretary shall consider the following factors: 17.2.2.a. The gravity of the violation, including the probability that death or serious physical or emotional harm to a patient has resulted, or could have resulted, from the pain management clinic's actions or the actions of the designated physician owner or any treating physician employed by or associated with the clinic, the severity of the action or potential harm, and the extent to which the provisions of the applicable laws or rules were violated;17.2.2.b. What actions, if any, the designated physician owner or treating physician took to correct the violations;17.2.2.c. Whether there were any previous violations at the pain management clinic; and17.2.2.d. The financial benefits that the pain management clinic derived from committing or continuing to commit the violation.17.3. Upon finding that a physician has violated the provisions of this article or rules adopted pursuant to this article, the secretary shall provide notice of the violation to the applicable licensing board.