§ 315.04. Permit required for operation of pain management clinic.

(1)

Permit required. No pain management clinic shall operate by any means in Indian River County without a valid and current pain management clinic permit issued by the department.

(2)

Application. Any pain management clinic requesting issuance of a pain management clinic permit shall complete and submit to the department a sworn application, on a form provided by the department, containing, at a minimum, the following information:

a.

The name and address of the pain management clinic;

b.

The name and address of each owner of the pain management clinic (including, if the owner is a business entity such as a corporation, limited liability company, etc., the name and address of each officer, manager or managing member, general partner or other comparable person authorized by state law to manage the affairs of the business entity), each person who will be managing or supervising the activities of the pain management clinic, and each person who will be prescribing or administering controlled substances at the pain management clinic;

c.

The name and address of the person who has been designated as the responsible physician or osteopathic physician for the pain management clinic, pursuant to F.S. §§ 458.3265(1)(c) or 459.0137(1)(c), if applicable;

d.

The name and address of the person or entity which owns the real property upon which the pain management clinic will be operated;

e.

Proof that the applicant is currently registered as a pain management clinic with the Florida Department of Health, pursuant to F.S. § 458.3265 or 459.0137;

f.

Proof that any person who will be prescribing or administering controlled substances at the pain management clinic has a valid and current controlled substance registration number issued by the United States Department of Justice, Drug Enforcement Administration, including the controlled substance registration number for each such person;

g.

A sworn statement certifying that within the ten (10) years prior to submittal of the application, neither the pain management clinic, nor any person identified pursuant to subsections b., c. or d. above, has been found by any county or municipal board, commission or council, or by any state or federal court, or by any state or federal regulatory body, to have acted with respect to controlled substances in violation of applicable law; and

h.

A sworn statement certifying that the pain management clinic, and every other clinic owned or operated by any person identified pursuant to subsections b., c. or d. above, will, during the term of the permit, be operated in compliance with applicable law.

(3)

Abbreviated application for qualified pain management clinics. In lieu of completing the application form described in subsection (2), a qualified pain management clinic requesting issuance of a pain management clinic permit may complete and submit to the department a sworn application, on a form provided by the department, containing, at a minimum, the following information:

a.

The name and address of the pain management clinic;

b.

The name and address of the owner of the pain management clinic;

c.

The name and address of all physicians who will be prescribing controlled substances at the pain management clinic;

d.

Proof that the pain management clinic meets the definition of a "qualified pain management clinic" which proof may consist of written verification or confirmation from the State of Florida that the pain management clinic is exempt from state registration pursuant to [F.S.] §§ 458.3265(1)(a)2g or h or 459.0137(1)(a)2g or h; and

e.

A sworn statement certifying that the pain management clinic, and every other clinic owned or operated by any person identified pursuant to subsections b or c above, will, during the term of the permit, be operated in compliance with applicable law.

(4)

Permit application fee. A permit application fee shall be paid by the applicant at the time of submittal of the application, including renewal. The amount of the fee shall be set by resolution of the board. The amount shall be sufficient to recover the county's approximate cost of reviewing and acting upon the application.

(5)

Denial of application. The application for a pain management clinic permit shall be denied if any of the following facts are found to exist and are not cured within ten (10) days of written notice of such deficiency:

a.

The applicant fails to pay the required permit application fee; or

b.

The applicant fails to submit all information and statements required in subsection (2) or (3) above, or the applicant has submitted such information and statements but such information and statements are found to contain materially false information.

(6)

Issuance of permit. The department shall issue the permit within twenty (20) days of submittal of a fully complete application, if the applicant has submitted all information required in subsection (2) or (3) and none of the facts set forth in subsection (5) is found to exist.

(7)

Term of permit. A pain management clinic permit shall remain in effect for a term of two (2) years. Thereafter, a permit shall be subject to renewal in the same manner that permits are issued initially as set forth in subsections (2) through (6).

(8)

Appeal. If an application for issuance or renewal of a pain management clinic permit is denied, the applicant shall have the right of appeal as set forth in section 100.06 of this Code. The denial shall be considered a decision of a department head for the purpose of applying section 100.06. An appeal fee shall be paid by the applicant at the time of filing an appeal to the board. The amount of the fee shall be set by resolution of the board. The amount shall be sufficient to recover the county's approximate cost of reviewing and acting upon the appeal.

(9)

Revocation of permit. A pain management clinic permit shall be subject to revocation in proceedings before the Indian River County Code Enforcement Board or any court of competent jurisdiction, in the event that:

a.

The information or statements submitted to obtain issuance or renewal of the permit contained materially false information;

b.

The permit holder, or any pain clinic responsible party, has engaged in activity prohibited by section 315.03;

c.

The permit holder, or any pain clinic responsible party, has been found by any county or municipal board, commission or council, or by any state or federal court, or by any state or federal regulatory body, to have acted with respect to controlled substances in violation of applicable law; or

d.

The permit holder, although required to be registered, is no longer registered with the Florida Department of Health, pursuant to F.S. § 458.3265 or 459.0137, or no longer holds a current business tax receipt for a pain management clinic, 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.

(10)

Emergency suspension of permit. Upon clear and convincing proof that one (1) or more of the events set forth in subsection (9) have occurred, and upon a finding that continued operation of the pain management clinic presents an immediate danger to the health, safety and welfare of the residents of Indian River County, the Department shall be authorized immediately to suspend the pain management clinic's permit. In such event, the permit holder shall have the right of appeal as set forth in section 100.06 of this Code. The suspension shall be considered a decision of a department head for the purpose of applying section 100.06. All aspects of the appeal shall be expedited. An appeal fee shall be paid by the applicant at the time of filing an appeal to the board. The amount of the fee shall be set by resolution of the board. The amount shall be sufficient to recover the county's approximate cost of reviewing and acting upon the appeal. Any emergency suspension pursuant to this subsection shall continue for a period not to exceed six (6) months; provided, however, that if revocation of the permit is sought, the code enforcement board or court of competent jurisdiction in which the revocation request is pending may extend the suspension beyond six (6) months until completion of the revocation proceedings, if necessary to protect the health, safety and welfare of the residents of Indian River County.

(11)

Change in information or statements. The permit holder shall notify the department in writing of any change in any information or statements submitted pursuant to subsections (2)a.—h. or (3)a.—d. above, or of any change in any facts or circumstances such that any information or statements submitted pursuant to subsections (2)a—h. or (3)a—d. are no longer completely true and accurate. Such notification shall be provided within thirty (30) days of the change.

(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. 2017-010, § 4, 8-15-17)