§ 14-113. New local business tax receipts/occupational licenses for pain management clinics.

(a)

Prior to the issuance of a local business tax receipt/occupational license, a person desiring to obtain a local business tax receipt/occupational license for any of the following classifications as set forth in chapter 13 of the County Code, must fill out the pain management clinic affidavit stating that the proposed business will not be operated as a pain management clinic, which affidavit is attached to this article and incorporated herein as Exhibit "A":

LOCAL BUSINESS TAX RECEIPT CATEGORY NUMBER	DESCRIPTION
14001	Amusement center
9170	Physician
9170	Dentist
9182	Massage therapist (state certified)
9170	Chiropractor
9170	Ophthalmologist
9170	Psychologist
8001	Miscellaneous professional

 

(b)

For local business tax receipt/occupational license applications for the operation of a pain management clinic, if a pain management clinic is not registered with the department of health as required by F.S. ch. 458 or 459, and otherwise fails to meet the criteria in the Osceola County Code, then it is ineligible for issuance or renewal of a local business tax receipt/occupational license. As a condition to the issuance of a local business tax receipt/occupational license, the designated physician, or other person with authority to issue prescriptions of controlled substances under the Florida Statutes, of a pain management clinic, and every employee and/or subcontractor of same, shall execute and deliver to the tax collector a sworn statement certifying that the pain management clinic will be operated in compliance with the Osceola County Code, and applicable Florida law, including rules and regulations promulgated by the department of health, the board of medicine, and the board of osteopathic medicine, and applicable federal law. Said sworn statement is attached to this ordinance and incorporated herein as Exhibit "B". If, during the term of the local business tax receipt/occupational license, the pain management clinic in fact operates contrary to the sworn statement, then same shall be subject to revocation by the board of county commissioners. Additionally, operation contrary to the sworn statement may constitute perjury subject to prosecution in a court of competent jurisdiction. Failure or refusal to execute and deliver the sworn statement shall result in denial of the issuance or renewal of the local business tax receipt/occupational license.

(c)

Suspension or revocation. Consistent with the provisions of chapter 13 of this Code, a local business tax receipt/occupational license for a pain management clinic may be subject to suspension or revocation by order of the board of county commissioners in the event that any of the following occur:

(1)

The clinic is no longer registered with the department of health, pursuant to F.S. § 458.3265 or 459.0137, or no longer holds a current local business tax receipt, 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.

(2)

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 under the same criteria as set forth in subsection (b) of this section above.

(3)

Failure to uphold patient rights whereby deficient practice may result in significant harm or injury to, or the death of, a patient.

(4)

Failure of the clinic to notify proper authorities of all suspected cases of criminal activity on the premises.

(5)

Failure to allow entry to a clinic for inspection.

(6)

Failure to make or maintain personnel records.

(7)

Failure to make or maintain operational records.

(8)

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

(9)

Any statement of material fact by the clinic owner, medical director, physician, or other clinic employee which is made knowingly, or with reason to know, is false in any of the following:

a.

Application for a local business tax receipt/occupational license;

b.

Personnel records;

c.

Operational records;

d.

Information submitted for reimbursement from any payment source; or

e.

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(10)

Failure to confirm the identity of each patient seen and treated for pain.

(11)

The pain management clinic fails to comply with any other provisions of this article or any other provision of the Osceola County Code.

(12)

The failure to prohibit loitering on the premises of a pain management clinic or outside of a pain management clinic where the clinic operates, including in any parking areas, sidewalks, right-of-way, or neighboring properties.

(13)

The failure to post signage prohibiting loitering outside of a pain management clinic.

(14)

The failure to prohibit the cueing of vehicles on the premises on or surrounding a pain management clinic.

(15)

The failure to prohibit the consumption of alcohol on the premises of a pain management clinic or outside of a pain management clinic where the clinic operates, including in any parking areas, sidewalks, right-of-way, or neighboring properties.

(16)

The operation of a pain management clinic for the purpose of seeing patients or writing prescriptions during prohibited days or hours.

(17)

The failure to protect all patient privacy rights under state or federal law.

(18)

The failure to prohibit unlawful conduct from occurring by any person on the premises of a pain management clinic or outside of a pain management clinic where the clinic operates, including in any parking areas, sidewalks, right-of-way, or neighboring properties.

(Ord. No. 2012-34, § 1, 10-8-12)

Editor's note

Exhibits "A" and "B", as referenced above, can be found at the end of this article of this Code.