§ 74-117. Definitions.

(a)

Pain clinic and pain management clinic shall mean any clinic, facility, or medical office that is not affiliated with a hospital, hospice, or other facility for the treatment of the terminally ill and having at least one of the following criteria:

(1)

The primary business purpose of such clinic, facility, or medical office is to prescribe or dispense controlled substance medications, identified in Schedules II, III, and IV in Sections 893.03, 893.035, and 893.0355, Florida Statutes, such as, but not limited to, opioids, including fentanyl, hydrocodone, morphine, and oxycodone, to individuals;

(2)

The clinic, facility, or medical office holds itself out through advertising as being in business to prescribe such pain medication, as described in subsection (a) of the criteria above, and which may or may not provide dispensing of pain medication on site; or

(3)

The clinic, facility, or medical office employs one or more physicians who are primarily engaged in the treatment of pain by prescribing or dispensing pain medication, as described in subsection a. of the criteria above. For the purposes of this article, a physician will be considered primarily engaged in the treatment of pain by prescribing or dispensing controlled substance medications when the majority of the patients seen are prescribed or dispensed controlled substance medications for the treatment of chronic nonmalignant pain.

Pain clinic and pain management clinic does not include clinics:

(1)

Licensed as a facility pursuant to F.S. ch. Ch. 395;

(2)

Where the majority of the physicians who provide services in the clinic primarily provide surgical services;

(3)

Owned by a publicly held corporation whose shares are traded on a national exchange or on the over-the-counter market and whose total assets at the end of the corporation's most recent fiscal quarter exceeded $50,000,000.00;

(4)

Affiliated with an accredited medical school at which training is provided for medical students, residents, or fellows;

(5)

That do not prescribe or dispense controlled substances for the treatment of pain; or

(6)

Owned by a corporate entity exempt from federal taxation under 26 U.S.C. 501(c)(3) or (4).

(b)

Cash only pharmacy shall mean a pharmacy that primarily dispenses medication in Schedules II, III, and IV in Sections 893.03, 893.035, and 893.0355, Florida Statutes, including but not limited to opiods, including fentanyl, hydrocodone, morphine, and oxycodone, to individuals for cash only and/or is not generally open and accessible to the general public.

(Ord. No. 2011-29, § 3, 8-23-2011)