§ 3-61. Definitions.

For the purposes of this article, the following terms, whether appearing in the singular or plural form, shall have the following meanings:

Chronic nonmalignant pain means pain unrelated to cancer, which persists beyond the usual course of the disease or injury that is the cause of the pain, for more than ninety (90) days after surgery.

Controlled substance is defined as in F.S. § 893.02, and means a controlled substance listed in Schedules I to V in F.S. § 893.03.

Pain management clinic means any privately owned pain management clinic, facility or office which advertises in any medium for any type of pain management services, or employs a physician who is primarily engaged in the treatment of pain by prescribing or dispensing controlled substance medication and is required to register with the Florida Department of Health pursuant to F.S. §§ 458.3265 or 459.0137, as may be amended from time to time. Pain management clinic does not include a clinic:

(1)

Licensed as a facility pursuant to F.S. Ch. 395, as may be amended;

(2)

Where the majority of the physicians who provide services in the clinic primarily provide surgical services;

(3)

Owned by a publicly held corporation whose shares are traded on a national exchange or on the over-the-counter market and whose total assets at the end of the corporation's most recent fiscal quarter exceeded fifty million dollars ($50,000,000.00);

(4)

Affiliated with an accredited medical school at which training is provided for medical students, residents, or fellows;

(5)

That does not prescribe or dispense controlled substances for the treatment of pain; or

(6)

Owned by a corporate entity exempt from federal taxation under 26 U.S.C. 501(c)(3) or (4) as may be amended.

Physician primarily engaged in the treatment of pain means a physician who prescribes or dispenses controlled substance medications when the majority of the patients seen are prescribed or dispensed controlled substance medications for the treatment of chronic nonmalignant pain.

(Ord. No. 2014-16, § 7, 4-22-14)