§ 14-114. Regulation of pain management clinics.

(a)

Inspection. Code enforcement officers may enter and inspect those portions of a suspected pill mill open to the public to determine compliance with federal law, Florida Statutes and rules, and this article. Additionally, code enforcement officers may enter and inspect those portions of a pain management clinic open to the public to verify compliance with federal law, Florida Statutes and rules, and this article. Entry and inspection shall be limited to only those times where the suspected pill mill or pain management clinic is open for business and shall not include a review of patient medical records unless authorized by state or federal law. No person who operates a suspected pill mill or pain management clinic shall refuse to permit a lawful inspection of those areas open to the public by a code enforcement officer. In the event that a suspected pill mill or pain management clinic refuses a lawful inspection, then a code enforcement officer may seek all remedies available in law or equity, including, but not limited to, a criminal warrant, inspection warrant pursuant to F.S. §§ 933.20—933.30, subpoena after any required notice, or other court order from a court of competent jurisdiction.

(b)

Display of licenses. Pain management clinics shall prominently display in a public area near their front entrance copies of all state licenses, county licenses, and local business tax receipt/occupational license, and the name of the owner and designated physician responsible for compliance with state and county law.

(c)

Payment for prescriptions and services. 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.

(d)

Landlord responsibility. Any landlord which knows, or in the exercise of reasonable care should know, that a pain management clinic is operating in violation of the Osceola County Code, or applicable Florida law, including the rules and regulations promulgated by the Department of Health, Board of Medicine, or Board of Osteopathic Medicine, shall have the responsibility to stop or take reasonable steps to prevent the continued illegal activity on the leased premises. Landlords who lease space to a pain management clinic must expressly incorporate the provisions of this subsection into their leases with the clinic, and must state that failure to comply with the Osceola County Code is a material breach of the lease and shall constitute grounds for termination and eviction by the landlord.

(e)

Personnel records. 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; and a set of fingerprints. 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 by existing pain management clinics to the county manager or his or her designee by no later than January 10, 2013. Any new clinic shall submit their personnel records to the county manager or his or her designee within two (2) weeks of beginning operation. Upon any change in personnel, or upon the occurrence of an arrest, adjudication withheld, or conviction in any criminal matter of any employee of a pain management clinic, a pain management clinic shall submit an update to its personnel records to the county manager or the county manager's designee within two (2) weeks of the change or occurrence.

(f)

Operational records. For the purpose of study of the patterns of health and illness and prescriptions issued within Osceola 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 maintain monthly operational records for a period of one (1) 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 (2) digits of the zip code of the patient's address; and a statement acknowledging use of the Department of Health's Prescription Drug Monitoring Program. In addition, the records shall include a list of the total number of prescriptions for schedule II drugs, schedule III drugs, and drugs containing Alprazolam, prescribed per physician licensed under F.S. chs. 458 and 459, (or other person authorized under Florida Statutes to issue prescriptions of controlled substances) per month. Each physician, or other person authorized under Florida Statutes to issue prescriptions of controlled substances, who prescribes schedule II drugs, schedule III drugs, or drugs containing Alprazolam shall swear to the veracity of the information contained in this list. The one-month period for the purpose of collection of the operational records described in this paragraph shall begin on the first day of the calendar month. Each physician, or other person authorized under Florida Statutes to issue prescriptions of controlled substances, in his or her own submission shall swear that, "Under penalty of perjury, I swear that the submitted records contain true and complete information." All signature blocks for these monthly registers shall include the printed full name of the signing party, the printed title of the signing party, the printed name of the pain management clinic, the printed mailing address of the pain management clinic, and a signature of the signing party 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 manager or the county manager's designee. Copies of this monthly register shall be made available to a code enforcement officer upon demand.

(g)

Management. 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)

Ownership, business relationship, and employment restrictions. 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; any misdemeanor involving the possession, sale, delivery, fraudulently obtaining, distribution, or manufacture of any controlled substance, narcotic, or prescription drug; or any misdemeanor involving a crime of dishonesty or false statement;

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 (2) 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 (5) 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 (5) 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 (2) or more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24-month period;

d.

Less than five (5) 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 (h)(1) above.

(i)

Prescription Drug Monitoring Program (PDMP). All physicians licensed under F.S. chs. 458 and 459, or other persons authorized under Florida Statutes to issue prescriptions for controlled substances, shall, prior to the prescribing of a controlled substance, request a "patient advisory report" from the PDMP and review its contents. All physicians licensed under F.S. chs. 458 and 459, or other persons authorized to issue prescriptions for controlled substances, shall also document in their patient's file that they have reviewed the patient advisory report by placing a printout of the patient advisory report in each patient's file.

(Ord. No. 2012-34, § 1, 10-8-12)