§ 18-290. Definitions.

The following definitions shall apply to this article.

Pain management clinic . A privately owned clinic, facility, or office, whatever its title, including, but not limited to, a "wellness center," "urgent care facility," or "detox center," which engages in pain management.

(a)

A business shall be deemed a pain management clinic if one or more of the following characteristics occur at the place of business:

1.

The business employs one or more physicians licensed under F.S. ch. 458 or ch. 459, who in a single day issue more than 20 prescriptions of a controlled substance for the treatment of pain;

2.

The business uses signage or other advertising for a business to prescribe a controlled substance for the treatment of pain;

3.

The business uses signage or other advertising for a business to provide services for the treatment of pain wherein the services are accompanied with prescription of a controlled substance for the treatment of pain; or

4.

The business meets the definition of pain management clinic in F.S. § 458.3265 or § 459.0137, as may be amended from time to time.

(b)

A business shall not be deemed a pain management clinic if one or more of the following characteristics occur at the place of business:

1.

The business employs physicians, the majority of who provide services in the clinic, facility, or office primarily providing surgical services (excluding interventional pain management procedures that are invoiced or coded as surgical procedures) as measured over a one month time period;

2.

The business is licensed as a facility pursuant to F.S. ch. 395, (hospitals and other licensed facilities) excluding outpatient facilities that provide pain management services as outlined in subsection (a)(1) above; or

3.

The business does not prescribe or dispense controlled substances for the treatment of pain.

(Ord. No. 2011-33, § 1, 1-3-12)