§ 2-18-8. Registration and permit.

(a)

Beginning thirty (30) days after the effective date of this ordinance, no pain management clinic, unless otherwise exempted, shall operate in Manatee County by any means without having been issued a pain management clinic permit by the department. Upon issuance of such permit to a pain management clinic, it will be considered a registered pain management clinic.

(b)

The department shall maintain a database of registered pain management clinics operating in Manatee County.

(c)

Proof of registration shall be prominently displayed in the common public area of the pain management clinic.

(d)

Any person with multiple physical pain management clinic locations shall secure a separate permit and registration for each business location.

(e)

Time period for granting or denying:

(1)

The department shall grant a new or a renewal pain management clinic permit within thirty (30) days from the date of proper filing of an application provided the applicant is registered with the Florida Department of Health pursuant to Section 458.309 or 459.005, Florida Statutes (2009), or any successor state law, as of the effective date of this ordinance.

(2)

The director of the department shall mail a notice of intent to deny a pain management clinic permit within thirty (30) days from the date of its filing. The applicant may respond, in writing, to the notice of intent within ten (10) days of its receipt.

(3)

The director shall send a notice of denial based on any of the grounds set forth herein in subparagraph (g).

(4)

The notice of denial shall be sent within twenty (20) days of mailing of the notice of intent to deny if no written response to the notice is received within the ten-day time period. If a written response is received, the director shall have an additional ten (10) days to consider the applicant's written response before a notice of denial is sent.

(5)

Any applicant who receives a notice of denial of a pain management clinic permit may request a hearing before the director of the department within fifteen (15) days of the date of mailing of the notice of denial. The director shall set a date for the requested hearing within thirty (30) days of receipt of the request for hearing and decide whether to uphold the denial or to grant the permit.

(6)

The denial of a permit after a hearing under this section shall be the final order of the county.

(f)

Granting of permit. If there is no basis for denial of a pain management clinic permit pursuant to the criteria set forth herein, the department shall grant the permit, notify the applicant, and issue the permit to the applicant. Each permit shall be valid for a period of two (2) years and may be renewed within sixty (60) days of the expiration date.

(g)

Denial of the permit. The director shall deny a pain management clinic permit on the basis of any one of the following grounds:

(1)

An applicant has submitted an application which contains material false information.

(2)

An applicant has had a registration issued under either Section 458.309 or 459.005, Florida Statutes (2009), or any successor state law, suspended or revoked 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.

(3)

An applicant is not registered pursuant to Section 458.309 or 459.005, Florida Statutes (2009), or any successor state law.

(4)

Failure to allow entry to a clinic for inspection of the premises and applicable records.

(5)

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

(6)

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.

(7)

If a clinic is not owned and/or operated by a physician who holds an active Florida Board of Medicine or Florida Board of Osteopathic Medicine license and who is board certified by either an American Board of Medical Specialties recognized board, the American Osteopathic Association, or the American Board of Pain Medicine, and the primary business purpose of such clinic, medical office, or practitioner is to provide a comprehensive pain medicine service.

(8)

The department has other credible evidence that the applicant is in fact operating a "pill mill."

(9)

Allowing any person to work or volunteer at the clinic, whether paid or unpaid, who has been convicted of or plead guilty or nolo contendere to (even if sealed or expunged) an offense that constitutes a felony for receipt, possession, delivery, distribution, selling, manufacturing or purchase of illicit drugs, including any controlled substance listed in Schedule I, Schedule II, Schedule III, Schedule IV or Schedule V of Section 893.03, Florida Statutes, or any other state, or the United States.

(10)

The facility is owned or operated by any person or has any contractual or employment relationship with a physician or other licensed health care practitioner as defined by Section 456.001(4), Florida Statutes:

a.

Whose drug enforcement administration number has ever been revoked;

b.

Whose application for a license to prescribe, dispense, supply, sell, give, compound or administer a controlled substance has been denied or revoked by any jurisdiction;

c.

Who has been convicted of or plead guilty or nolo contendere to (even if sealed or expunged) an offense that constitutes a felony for receipt, possession, delivery, distribution, selling, manufacturing or purchase of illicit drugs, including any controlled substance listed in Schedule I, Schedule II, Schedule III, Schedule IV, or Schedule V of Section 893.03, Florida Statutes, or any other state, or the United States; or

d.

Whose permit has been suspended or revoked or has had other disciplinary action taken as a result of physician or other licensed health care provider's abuse of drugs or alcohol, or from the improper prescribing, dispensing, administering, supplying, selling, giving, mixing or otherwise preparing any controlled substance listed in Schedule I, Schedule II, Schedule III, Schedule IV, or Schedule V of Section 893.03, Florida Statutes, or any other state, or the United States.

(11)

The department may grant an exception to subsections (9) and (10) above if more than five (5) years have elapsed since the adjudication date.

(12)

The fact that an appeal is pending for any items listed in subsections (9) and (10) above has no effect on the department's determination to grant or deny a permit.

(13)

The owner or operator of a clinic whose license or permit related to the ownership or management of a medical clinic that provided pain management services for chronic pain in another jurisdiction has been denied or revoked.

(14)

Failure to abide by any other provision of this article may be considered on the department's decision to grant or deny a permit.

(h)

Expiration of permit. Each permit shall remain valid for a period of two (2) calendar years from the date of issuance unless otherwise suspended or revoked. Permits may be renewed within sixty (60) days of expiration.

(Ord. No. 12-14, § 1, 3-27-12)