§ 22-403. Other regulations.

(a)

It shall be unlawful for any pain management clinic to be open for operation between the hours of 6:00 p.m. and 7:00 a.m.

(b)

It shall be unlawful for a pain management clinic or operator to direct or encourage any patient or business invitee to stand, sit, or gather outside the building in which the clinic operates, on the adjoining sidewalk or in the area(s) designated for parking, in such a manner as to restrict or interfere with the lawful entry into or out of such clinic or other uses co-located within a building. This prohibition includes sitting in or on a vehicle. The clinic owner(s) and operator(s) shall be responsible to actively monitor and apply this regulation. Clinics shall provide sufficient inside seating to insure and provide adequate seating for all patients or business invitees, and those who accompany such persons.

(c)

The number of parking spaces required for pain management clinics shall be the same as for those required of medical offices.

(d)

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

(e)

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: the person's name and title; a current home address, telephone number, and date of birth; a list of all criminal convictions whether misdemeanor or felony; a copy of a current driver's license or a government issued photo identification.

Pain management clinics shall keep all personnel records complete, accurate, and up-to-date. Employees of pain management clinics shall promptly report any new arrests, withhold of adjudications, or convictions in any criminal matter to the designated record keeper at the pain management clinic so that the pain management clinic can keep all records complete, accurate, and up-to-date. Personnel records as described in this paragraph shall be submitted on a monthly basis by the fifth day of every month, or upon the occurrence of an arrest, adjudication withheld, or conviction in any criminal matter of any employee of a pain management clinic upon completion to the County Administrator or the County Administrator's designee.

(f)

For the purpose of study the patterns of health and illness and prescriptions issued within Okeechobee County, and to verify that a pain management clinic is operating within the requirements of federal law, Florida Statutes and rules, and this article, pain management clinics shall make and retain monthly operational records for a period of one year. The 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); the initial two digits of zip code of the patient's address; the name, national drug code, quantity and strength of any controlled substance prescribed, dispensed, or distributed; and a statement acknowledging use of the Department of Health's Prescription Drug Monitoring Program (PDMP). The designated physician for the clinic shall swear to the veracity of the information contained in the monthly register under oath administered by a notary public. All signature blocks for these monthly registers shall include the full name, 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 county administrator or the county administrator's designee. Copies of this monthly register shall be made available to a code enforcement officer upon demand.

(g)

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 including this article.

(h)

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 adjudication withheld for a crime, or had final administrative action taken:

(1)

Involving:

a.

Any felony or misdemeanor offense of Florida Statutes which involves the illegal possession of, prescribing, dispensing, supplying, trafficking, selling, delivering, distributing, or fraudulently obtaining of any controlled substance;

b.

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

c.

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

d.

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

(2)

For which:

a.

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

b.

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

c.

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

d.

Less than five 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 (1) above.

(i)

All physicians licensed under F.S. chs. 458 and 459, shall prior to the prescribing of a controlled substance request a "patient advisory report" from the PDMP and review its contents.

(Ord. No. 2011-01, § 3, 7-28-11)