§ 18-19. Definitions.

[The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]

Applicant means the owner or a person(s) authorized by the owner to complete an application for a certificate of use to operate a pain management clinic.

Application window means September 1 to October 31 of the year prior to the year pain management clinic operations are sought, unless other timeframes are provided in this article.

Article means chapter 18, article II, of the Hernando County Code of Ordinances.

Board means the board of county commissioners for Hernando County, Florida.

Certificate of use means a certificate issued pursuant to Hernando County Code, appendix A (zoning), article V, section 2, upon demonstration to the zoning administrator of compliance with the criteria and standards for approval, including, but not limited to, zoning compliance and affirmation of compliance with federal, state and local permits, approvals, such as, in the case of pain management clinic use, proof of pain management clinic registration under this article.

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 means any substance or chemical listed in schedule I, schedule II, schedule III, schedule N, or schedule V of section 893.03, Florida Statutes, as this section may be amended or renumbered from time to time, or listed as a "controlled substance" in any other state, or listed as a "controlled substance" in the United States Code (USC).

County or Hernando County means all unincorporated areas of Hernando County, Florida.

Department means that department, division or section within Hernando County government charged with overseeing licensing and business regulation or charged with overseeing and regulating zoning and use activities, or such department assigned by the county administrator to perform the duties and responsibilities of this article.

Designated physician means that physician with an active license to practice medicine in Florida, and who has been designated to practice at the clinic location for which the physician has assumed responsibility, and is not otherwise in violation of any provision of this article.

Hearing officer means an attorney licensed to practice law in the State of Florida with no less than five (5) years of local or state government experience. The hearing officer shall be agreed to by the county attorney and the appellant. The attorney shall conduct the hearing and make a final decision which shall be the final decision of the county. If the parties cannot agree to an attorney to conduct the hearing within ten (10) working days from the filing of the appeal, the appeal shall be transmitted to the Florida Division of Administrative Hearings, (DOAH), for the conduct of the hearing. The appeal timeframes for processing an appeal by the county are suspended until the appointment of a DOAH officer.

Operating or to operate a pain management clinic means to conduct the affairs of or manage the operations of a "pain management clinic" (as defined below) including, but not limited to, any one (1) or more of the following activities:

(1)

Scheduling or accepting appointment(s) solely for initial pain management services or to obtain prescription drugs for pain management, including controlled substances listed in schedule I, schedule II, schedule III, schedule N, or schedule V of section 893.03, Florida Statutes, or any other state, or the United States; or

(2)

Prescribing, dispensing or administering any controlled substances listed in paragraph (1), above; or

(3)

Accepting cash payments for pain management services or controlled substances listed in paragraph (1), above; or

(4)

Advertising in any medium including road or other signage as a pain management or pain control clinic or business or words of similar impart; or

(5)

Evaluating patients for pain management drug treatment without the equipment necessary or without having copies in the medical record of diagnostic testing such as x-rays, scans, or other tests to substantiate with a reasonable degree of certainty the need for prescription pain medication; or

(6)

Leasing or owning property for use as or in connection with a pain management clinic or business; or

(7)

Employing or contracting with any person for compensation to work in connection with the provision of medical services at a pain management clinic.

Pain management clinic shall have the same meaning as set forth in section 458.3265(1)(a), Florida Statutes, as such section may be amended or renumbered from time to time. At the time of this enactment the State of Florida defines "pain-management clinic" as any publicly- or privately-owned facility: (1) that advertises in any medium for any type of pain-management services; or (2) where in any month a majority of patients are prescribed opioids, benzodiazepines, barbiturates, or carisoprodol for the treatment of chronic nonmalignant pain.

Pain management clinic registration means the annual process for registration of pain management clinics set forth in this article.

Pain management clinic registration certificate means the certificate evidencing successful registration, issued on an annual basis, which authorizes pain management clinic establishment and/or operation in Hernando County. A certificate relates to a specific clinic location. A registration certificate under this article shall be obtained prior to a zoning department certificate of use approval which must be obtained prior to occupancy or in the event of a change of use, or when any construction is conducted at a specific location pursuant to Hernando County Code, appendix A (zoning), article V, section 2. A registration certificate shall, at a minimum, identify on its face the clinic's name and approved physical address, the designated physician's name, the clinic owner's name and address and the property owner's name and address. A county-issued registration certificate shall also reference the State of Florida's required registration number on its face and each certificate shall have a unique county identification number on its face.

Sheriff means the Hernando County Sheriff, a constitutional officer.

Sheriff's office means the Hernando County Sheriff's Office.

(Ord. No. 2012-7, § II, 6-12-12)