§ 315.02. Definitions.

For the purposes of this chapter, the following terms shall have the following meanings:

(1)

Pain management clinic shall mean any publicly or privately owned facility: that advertises in any medium for any type of pain management services; or where in any month a majority of patients are prescribed opioids, benzodiazepines, barbiturates, or carisoprodol for the treatment of chronic nonmalignant pain, unless:

a.

The clinic is licensed as a facility pursuant to F.S. Ch. 395;

b.

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

c.

The clinic is 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 fifty million dollars ($50,000,000.00);

d.

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

e.

The clinic does not prescribe or dispense controlled substances for the treatment of pain; or

f.

The clinic is owned by a corporate entity exempt from federal taxation under 26 USC section 501(c)(3).

Any clinic or facility meeting the definition above shall be considered a pain management clinic, regardless of its use of any other descriptive name, such as a center for "wellness," "detox," "detoxification," "urgent care," etc.

(2)

Applicable law shall mean this Code, applicable Florida law, including, without limitation, rules and regulations promulgated by the Florida Department of Health, the Florida Board of Medicine, the Florida Board of Osteopathic Medicine, the Florida Board of Pharmacy, and applicable federal law.

(3)

Board shall mean the Indian River County Board of County Commissioners.

(4)

Controlled substance shall mean a controlled substance listed in Schedules II, III, or IV in F.S. § 893.03.

(5)

Chronic nonmalignant pain shall mean pain unrelated to cancer or rheumatoid arthritis which persists beyond the usual course of disease or the injury that is the cause of the pain or more than ninety (90) days after surgery.

(6)

Department shall mean the Indian River County Community Development Department.

(7)

Reserved .

(8)

Reserved .

(9)

Pharmacy shall mean any pharmacy that is subject to licensure or regulation by the Florida Department of Health under F.S. Ch. 465, and dispenses controlled substances in Indian River County.

(10)

Pain clinic responsible party shall mean any person or entity which owns, in whole or in part, or operates a pain management clinic; any person who manages or supervises the operations of a pain management clinic; any person who has been designated as the responsible physician or osteopathic physician for a pain management clinic, pursuant to F.S. § 458.3265(1)(c) or 459.0137(1)(c), and any person who participates, directly or indirectly, in any activity regulated or prohibited by this chapter.

(11)

Pharmacy responsible party shall mean any person or entity which owns, in whole or in part, or operates a pharmacy engaged in activity regulated or prohibited by this chapter; any person who manages or supervises any activity regulated or prohibited by this chapter; and any person who participates, directly or indirectly, in any activity regulated or prohibited by this chapter.

(12)

Qualified pain management clinic shall mean:

a.

A pain management clinic which is wholly owned and operated by one (1) or more board-certified anesthesiologists, physiatrists, or neurologists; or

b.

A pain management clinic which is wholly owned and operated by one (1) or more board-certified medical specialists who have also completed fellowships in pain medicine approved by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association or who are also board-certified in pain medicine by a board approved by the American Board of Medical Specialties or the American Osteopathic Association and perform interventional pain procedures of the type routinely billed using surgical codes.

Except as otherwise provided, a qualified pain management clinic shall be deemed to be a pain management clinic for all purposes set forth herein.

(Ord. No. 2011-004, § 3, 5-17-11; Ord. No. 2011-006, § 3, 7-12-11; Ord. No. 2014-018, § 3, 10-21-14; Ord. No. 2015-001, § 3, 1-13-15; Ord. No. 2016-005, § 3, 5-10-16; Ord. No. 2016-014, § 3, 11-8-16; Ord. No. 2017-010, § 4, 8-15-17)