§ 2-18-7. Regulation of pain management clinics.

(a)

Hours of operation. The hours of operation for any pain management clinic shall be limited from 7:00 a.m. to 9:00 p.m., Monday through Saturday, unless surgical procedures are being performed. It is the responsibility of the designated medical director, on-site physicians and/or the clinic owner to adhere to all requirements contained within this article and the following applicable operational standards:

(1)

Maintain the routine diagnostic equipment necessary to diagnose and treat patients complaining of chronic pain.

(2)

Secure prescription pads so that only authorized persons may access them.

(3)

Provide for patient education on how to "monitor, secure, or dispose" of prescribed pain medications, as well as educational materials for distribution.

(4)

For the purpose of studying the patterns of health and illness and prescriptions issued within Manatee County, and to verify that a pain management clinic is operating in compliance with the requirements of federal law, Florida Statutes and rules, and this article, pain management clinics shall make and maintain monthly operational records for a period of two (2) years. Operational records shall consist of a monthly register of the following information for each patient: gender, race, age group (under 20, 20—29, 30—39, 40—49, 50—59, 60—69, 70—79, and 80 and above), and the zip code of the patient's address. In addition, the records shall include a list of the total number of prescriptions for Schedule II drugs, Schedule III drugs, and drugs containing Alprazolam, prescribed per physician licensed under Chapters 458 and 459, Florida Statutes, prescriptions given with refills, or prescriptions given in advance up to the next three (3) months, will be counted as one prescription. The monthly period of collection for the operational records described in this paragraph shall begin on the first day of the calendar month. All signature blocks for these monthly registers shall include the printed full name of the signing party, the printed title of the signing party, the printed name of the pain management clinic, the printed mailing address of the pain management clinic, and a signature of the signing party presented in a legible manner. Operational records, as described in this paragraph, shall be submitted on a monthly basis by the fifth day of every month or upon completion to the department whichever shall first occur. Copies of this monthly register shall be made available to any code enforcement officer upon demand.

(b)

Management. A pain management clinic shall be managed by a designated physician who is recognized as meeting the training requirements for physicians practicing in pain management clinics established by rules promulgated by the board of medicine and board of osteopathic medicine. The designated physician shall be responsible for ensuring compliance with all federal, state and local regulations of this article.

(c)

Ownership, business relationship and employment restrictions. No pain management clinic shall be wholly or partially owned by, have any contractual relationship with (whether as a principal, partner, officer, member, managing member, employee, or independent contractor), or employ any person who has been convicted of a crime, has had adjudication withheld for a crime, or has had final administrative action taken:

(1)

Involving:

a.

Any felony or misdemeanor involving the possession, sale, delivery, fraudulent obtainment, distribution, or manufacture of any controlled substance, narcotic, or prescription drug; or any felony or misdemeanor involving a crime of dishonesty or false statement;

b.

Any violation of pain management clinic regulations of any county, city, state or government agency;

c.

Any administrative or other similar action in which the applicant has been denied the privilege of prescribing, dispensing, administering, supplying or selling in any other state; or

d.

Any administrative or other similar action in which the state or any other state's medical action taken against the applicant's medical license as a result of dependency on drugs or alcohol.

(2)

For which:

a.

Less than two (2) years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is later, if the conviction is a misdemeanor offense;

b.

Less than five (5) years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is later, if the conviction is of a felony offense;

c.

Less than five (5) years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is later, if the convictions are of two (2) or more misdemeanor offenses or combination of misdemeanor offenses occurring within any twenty-four-month period;

d.

Less than five (5) years have elapsed for any final administrative or other action.

(3)

The fact that a conviction is being appealed has no effect on the disqualifications of the applicant under subsection (a) above.

(d)

Payment for prescriptions and services. No pain management clinic shall limit the form of payment for goods or services to "cash only." "Cash only" shall mean paper currency or coins.

(e)

Personnel records. Pain management clinics shall maintain personnel records for all owners, operators, employees, and volunteers on site for each pain management clinic, and make them available during any inspection. Personnel records shall, at a minimum, contain the following information: (a) the person's full name and title; (b) current home address, telephone number, and date of birth; (c) a list of all criminal convictions whether misdemeanor or felony; (d) a copy of a current driver's license or a government issued photo identification; and (e) a set of fingerprints. In addition, personnel records shall be submitted by existing pain management clinics to the department no later than thirty (30) days after the passage of this ordinance. New clinics shall submit their personnel records within fifteen (15) days of beginning operation. Any change in personnel (new employee), or upon arrest, adjudication or conviction in any criminal matter of any employee, an update to personnel records shall be submitted to the department within fifteen (15) days.

(f)

Prescription drug monitoring program (PDMP). All physicians licensed under Chapters 458 and 459, Florida Statutes, shall, prior to the prescribing of a controlled substance, request a "Patient Advisory Report" from the PDMP, review its contents, and shall document same by placing a printout of the report in each patient's file. A copy of that printout shall be made available for inspection by law enforcement officers, code enforcement officers, or any employee of the department designated by the county administrator who is authorized by the head of that department to inspect any facility registered under this ordinance.

(g)

Recording. All recordings under this section may be submitted to the department electronically by facsimile transmittal, by email transmission, or by direct submittal to a website set up by the department for that purpose. All facsimile transmittals shall be accompanied by a cover sheet containing the sender's name, firm, address, telephone number, facsimile number, and number of pages being transmitted. The recording occurs when transmission is complete.

(Ord. No. 12-14, § 1, 3-27-12; Ord. No. 17-09 , § 2, 1-5-17)