§ 18-23. Approval criteria, grounds for denial, non-renewal and revocation.

The county shall deny, not renew, or may revoke, a pain management clinic registration certificate upon the occurrence of one (1) or more of the following:

(1)

An application contains false or missing information or is materially misleading on its face;

(2)

The clinic is not registered with the State of Florida in accordance with chapter 458 or 459, Florida Statutes, if state registration is otherwise required;

(3)

The pain management clinic has had its registration suspended or revoked by the State of Florida;

(4)

Failure to allow for inspection of the clinic by any law enforcement officer employed by or under the sheriff's office, any county code enforcement officer, or any other person authorized to enforce article violations in Hernando County at any time the clinic is open or occupied;

(5)

Failure to abide by any provision of this article, including but not limited to serious violations of continuing compliance conditions in section 18-25;

(6)

Failure to obtain or maintain a valid land use approval, including violation of any applicable provision of the comprehensive plan and zoning code, including specifically the requirement to obtain a zoning permit or certificate of use for any new or modified facility, a change in use or similar reasons such as unpermitted construction or tenant improvements.

(7)

Allowing any person to work or volunteer at the clinic, whether paid or unpaid, who has been convicted of or plead guilty or nolo contendere to (even if sealed or expunged) any criminal offense, misdemeanor or felony, involving or relating to the prescribing, dispensing, distributing, supplying or selling of any controlled substance; or

(8)

The facility is owned or operated by any person or has any contractual or employment relationship with a physician or other permitted health care practitioner as defined under chapter 456, Florida Statutes;

a.

Whose drug enforcement administration (DEA) number has ever been suspended or revoked;

b.

Whose application for a license to prescribe, dispense, distribute, or administer a controlled substance has been denied, suspended or revoked by any jurisdiction;

c.

Who has been convicted of or plead guilty or nolo contendere to, (even if sealed or expunged) any criminal offense, misdemeanor or felony, involving or relating to the prescribing, dispensing, distributing, supplying or selling of any controlled substance law; or

d.

Whose license has been suspended or revoked as a result of physician's abuse of drugs or alcohol, or from the improper prescribing, dispensing or distributing of any controlled substance.

e.

Whose license has been subjected to a licensure action or sanction, less than full suspension or revocation, taken as a result of physician's abuse of drugs or alcohol, or from the improper prescribing, dispensing or distributing of any controlled substance, provided such action was taken against the license within two (2) years of the application date.

(9)

If the payment for the application fee or the registration certificate fee is invalid or uncollectible for any reason.

(10)

Failure to notify the department of any change of information following the issuance of any registration certificate as required by subsection 18-25(a).

(Ord. No. 2012-7, § II, 6-12-12)