§ 86-139. Operation.

(a)

It is the responsibility of a designated medical director, on-site physicians, or the clinic owner to adhere to all requirements contained within this article and applicable administrative rules.

(b)

A permit shall be issued to the person(s) deemed the permitee(s) for the particular location provided for in the application and shall be transferable upon approval of a new application.

(c)

The grant of a permit is expressly conditioned upon compliance with the following operational standards:

(1)

The permit must be posted in a conspicuous place at or near the entrance to the high prescribing health clinic so that it may be easily read at any time.

(2)

The high prescribing health clinic shall not limit the form of payment for services or prescriptions to cash only.

(3)

The high prescribing health clinic shall be operated by a medical director or lead physician who is a licensed physician in the state.

(4)

The hours of operation of the high prescribing health clinic shall be limited to 7:00 a.m. to 9:00 p.m. Monday through Sunday.

(5)

The high prescribing health clinic shall maintain the routine diagnostic equipment to diagnose and treat patients complaining of chronic pain.

(6)

The facility shall secure prescription pads, electronic pads or any format where a prescription is created, so that only authorized persons may access them. All prescription pads, electronic pads or any format where a prescription is created, shall contain the name of the high prescribing health clinic and the high prescribing health clinic permit number.

(7)

Upon the determination of the department, if a meeting is requested, the clinic owner shall coordinate to meet within 15 business days of the request.

(8)

A physician or licensed medical professional is required to be on site at all times during operating hours.

(9)

All permitted high prescribing health clinics shall request a "patient advisory report" from the Prescription Drug Monitoring Program (PDMP) and review its contents prior to prescribing a controlled substance.

(10)

All high prescribing health clinics must adhere to all codes set forth by code enforcement. High prescribing health clinics must provide ample parking for their patient flow and patient related vehicular traffic must not interfere with the normal flow of traffic on the streets adjacent to or influenced by the ingress and or egress to the parking area of the clinics.

(11)

The high prescribing health clinic shall educate patients on the dangers and proper use of prescription pain medication, securing the medication to avoid diversion, and how to dispose of unused medication. Additionally, patients are to receive educational materials as provided for distribution.

(12)

The high prescribing health clinic shall medically determine pregnancy status of female patients prior to prescribing prescription pain medication, and will educate the patient on the dangers of these medications when taken during pregnancy.

(13)

The high prescribing health clinic shall perform an accepted patient assessment to determine possible addiction and mental health needs for referral prior to prescribing pain medication.

(d)

A violation of this article or the administrative rules created under this article shall be considered "operation of a non-compliant high prescribing health clinic" for purpose of enforcement.

(e)

Incurable violations.

(1)

Providing false information in statements or reports required to be filed with the department.

(2)

Providing false information on application to Pinellas County including materially false omissions.

(3)

Refusing to allow for inspection of the clinic by a code enforcement officer, law enforcement officer, or any other person authorized to enforce ordinance violations in Pinellas County at any time the clinic is open or occupied.

(f)

Suspension/revocation.

(1)

Two convictions of violations of the Pinellas County high prescribing health clinic ordinance within a two-year period beginning the date of the first conviction, or commission of an incurable violation created under this article shall constitute grounds for a suspension of the permit holder's high prescribing health clinic permit.

(2)

A suspension shall be for a period of three months.

(3)

Subsequent violations of the Pinellas County high prescribing health clinic ordinance or commission of an incurable violation created under this article shall constitute grounds for a revocation.

(4)

Any revocation of a permit issued under these rules shall be for a minimum period of three years and shall require a new application for reinstatement.

(5)

The permit holder shall surrender the permit to the department prior to the first day of the period of suspension or revocation of the permit.

(g)

Effective date of suspension. The period of suspension shall begin 20 days after the date the department mails the notice of suspension to the permit holder or on the date the permit holder delivers the permit to the department; whichever happens first. The department shall provide the basis for suspension in the notice to the permit holder.

(h)

Right to appeal. The permit holder shall have the right to request a hearing before the department. The request for hearing must be made prior to the effective date of the suspension or revocation. The hearing shall be commenced within at least 30 days of the date of the request for the hearing. During the pendency of the hearing the period of suspension or revocation shall be stayed until a final decision is issued by the department.

(i)

The permit holder may appeal any final decision to the Sixth Judicial Circuit Court of the State of Florida.

(Ord. No. 10-45, § 1, 9-28-10; Ord. No. 11-44, § 9, 11-8-11; Ord. No. 12-19, § 9, 5-8-12; Ord. No. 14-37, §§ 4—9, 9-23-14)

Editor's note

Inasmuch as § 86-139 contained two subsections (c), the second (c)—(h) have been relettered (d)—(i) as herein set out, at the editor's discretion.