11-1344 Imposing Temporary Moratorium - Pain Management Clinics & Cash only pharmacies

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(4) Pain management clinic. Any private clinic, medical office, or medical practitioners office, that is not affiliated with a hospital, hospice, or other facility for treatment of the terminally ill, and having at least one of the following criteria: a. The primary business purpose of such clinic, medical office, or medical practitioner's office is to prescribe or dispense pain medication, identified in Schedules II, III, and IV in Sections 893.03, 893.035, an 893.0355, Florida Statutes, such as, but not limited to, opioids, including fentanyl, hydrocodone, morphine, and oxycodone, to individuals; or b. The clinic, medical office, or medical practitioner's office holds itself out through advertising as being in business to prescribe such pain medication, as described in subsection a. of the criteria above, and which may or may not provide dispensing of pain medication on site; or c. The clinic, medical office, or medical practitioner's office employs one or more physicians who are primarily engaged in the treatment of pain by prescribing or dispensing pain medication, as described in subsection a. of the criteria above. d. The clinic, medical office, or medical practitioner's office does not accept payment for its services through an established insurance provider. ' e. A pain management clinic, medical office, or medical practitioner's office does not include a clinic: 1. Licensed as a facility pursuant to Chapter 395, Florida Statutes, 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 $50 million dollars; 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. (5) Physician primarily engaged in the treatment of pain. 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. SECTION 4. GEOGRAPHIC AREA COVERED. The temporary moratorium established in this Ordinance shall be effective in the corporate and municipal boundaries of the City of Casselberry. Ordinance 11 -1344 Page 4