§ 2-18-11. Probation, suspension or revocation.

(a)

A permit for a pain management clinic may be subject to probation, suspension or revocation by order of the department in the event that any of the following occur:

(1)

The clinic is no longer registered with the Florida Department of Health, pursuant to Section 458.3265 or 459.0137, Florida Statutes, or the controlled substance registration issued by the United States Department of Justice, Drug Enforcement Administration to any person prescribing, administering, or dispensing controlled substances at the pain management clinic has been suspended, revoked, or denied renewal;

(2)

The designated physician, clinic owner, or any person with authority to issue prescriptions under Florida Statutes has been convicted of a crime or had final administrative action taken against him or her;

(3)

Failure of the clinic to notify the proper authorities of all suspected cases of criminal activity on the premises;

(4)

Failure to allow any law enforcement officer, code enforcement officer or employee of the department who has been designated by the county administrator and is authorized by the head of that department to enter a clinic for inspection;

(5)

Failure to make or maintain adequate personnel records;

(6)

Failure to make or maintain adequate operational records;

(7)

Failure to display prominently in a common public area near their front entrance, copies of all state and county licenses, and the name of the clinic owner, operator, and designated physician responsible for compliance with state and county law;

(8)

A false statement of material fact is knowingly made by the clinic owner, medical director, physician, or other clinic employee or is made by same when such person has reason to know of its falsity, in any of the following areas:

a.

Personnel records;

b.

Operational records;

c.

Information submitted for reimbursement from any payment source; or

d.

Advertisement;

(9)

Failure to confirm the identity of each patient seen and treated for pain;

(10)

Failure to comply with any other provisions of this article or any other provision of this chapter;

(11)

Failure to prohibit the consumption of alcohol on the premises of a pain management clinic or outside a pain management clinic where the clinic operates, including in any parking areas, sidewalks, rights-of-way, or neighboring properties;

(12)

Operation of a pain management clinic for the purpose of seeing patients or writing prescriptions during prohibited days or hours;

(13)

Failure to protect patient privacy rights under state or federal law.

(14)

An order of probation, suspension or revocation is the final order of the county and is subject to judicial review under any available procedure in any court of competent jurisdiction.

(Ord. No. 12-14, § 1, 3-27-12)