Tampa Defense Attorney
notes that the city of Tampa will be in for a legal challenge of their new ordinance attempting to regulate medical facilities. The DEA Drug Enforcement Administration, State and Federal agencies have thoroughly regulated these ares and a Preemption Challenge is expected. Meanwhile the Police began busting “unlicensed” clinics yesterday. Cops call them “Pill Mills.” Notably, the City of Lakeland, Pasco County, and Orange County Florida are also lined up to regulate the facilities too. There are currently 46 facilities that have been licensed by Hillsborough County.
The complete Tampa Pain Clinic ordinance is a free download here.
The Hillborough County Pain Clinic Ordinance is available here.
Amendments to the Hillsborough Pain Clinic Ordinance are here.
Pain Clinic Licensing Issues? Call me Toll Free to Discuss how I can Help. 1-877-793-9290.
The Ordinance defines Pain Clinic as:
Pain management clinic means a privately owned clinic, facility or medical office that advertised in any medium for any type of pain management services and/or employs one (1) or more physicians who are primarily engaged in the treatment of pain. For the purposes of this Division, a physician shall be considered primarily engaged in the treatment of pain by prescribing or dispensing controlled substance medication when the majority of the patients seen are prescribed or dispensed controlled substance medication for the treatment of chronic nonmalignant pain. Registration with the Florida Department of Heath pursuant to F.S. § 458.309(4), (5) and (6) or F.S. § 459.005(3), (4) and (5) shall be prima facie evidence of operating as a pain management clinic pursuant to this definition. Expressly exempted from this definition are hospitals, nursing homes, ambulatory surgical care centers, hospice or intermediate care facilities for the disabled, or clinics which are affiliated with an accredited medical school at which training is provided for medical students, residents or fellows.
According to the Tampa Tribune, “Applicants for a pain clinic license will be charged $1,500, plus an annual fee of $1,000. Licensing will be handled by the county’s consumer protection department and code enforcement will handle inspections. Under the new city rules, clinic operators will have to apply for the permit, which includes submitting its registration number from the state Department of Health, providing a list to the city of clinic employees and volunteers and attesting to the fact that they have not hired any felons, particularly those convicted of drug-related felonies. The fee for the city permit has yet to be determined. Other requirements include regular city inspections and limits on hours of operation.”