§ 9-354. Definitions.

[The following words, terms and phrases shall have the meaning ascribed to them in this section unless the context clearly indicates a different meaning:]

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.

Code enforcement officer means any authorized employee of the City of Winter Haven whose duties designated by the city manager include investigating alleged violations of City of Winter Haven codes and ordinances, and may be referred to as "code enforcement investigator" or "code inspector".

Division shall mean the planning division or other City of Winter Haven division or division unit designated by the city manager to administer this article.

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 which employs a physician who is primarily engaged in the treatment of pain, and is required to register with the Florida Department of Health pursuant to F.S. § 458.3265 or 459.0137 as may be amended. A physician will be considered primarily engaged in the treatment of pain, by prescribing or dispensing controlled substance medications when the majority of the patients seen are prescribed or dispensed controlled substance medications for the treatment of chronic nonmalignant pain. Also included in this definition are centers designating themselves as a pain research center and, which may or may not be required to be registered with the state even though controlled substance medications are dispensed or prescribed to patients. For purposes of this article, the term pain management clinic does not include clinics:

(a)

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

(b)

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

(c)

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);

(d)

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

(e)

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

(f)

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

License shall mean a certificate issued pursuant to this article by the division on an annual basis, authorizing the operation of a specific pain management clinic location in Winter Haven and which contains the state's required registration number on its face, if applicable. Each license shall identify the pain management clinic's physical address and have a unique numeric identifier on its face.

(Ord. No. O-10-47, § 1(Exh. A), 10-25-10)