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2011-004
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Last modified
12/28/2016 4:46:25 PM
Creation date
10/5/2015 9:09:31 AM
Metadata
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Ordinances
Ordinance Number
2011-004
Adopted Date
05/17/2011
Agenda Item Number
10.A.1.
Ordinance Type
County Pain Management Clinics
State Filed Date
05\23\2011
Entity Name
Controlled Substances
Code Number
Chapter 315
Subject
Pain Management Clinic and Pharmacies
Supplemental fields
Official Document Type
Migration
SmeadsoftID
9960
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An appeal fee shall be paid by the applicant at the time of filing an appeal <br />to the Board. The amount of the fee shall be set by resolution of the <br />Board. The amount shall be sufficient to recover the County's approximate <br />cost of reviewing and acting upon the appeal. <br />(8) Revocation of Permit. A pain management clinic permit shall be subject to <br />revocation in proceedings before the Indian River County Code <br />Enforcement Board or any court of competent jurisdiction, in the event <br />that: <br />a. The information or statements submitted to obtain issuance or renewal of <br />the permit contained materially false information; <br />b. The permit holder, or any Pain Clinic Responsible Party, has engaged in <br />activity prohibited by section 315.03; <br />c. The permit holder, or any Pain Clinic Responsible Party, has been found <br />by any county or municipal board, commission or council, or by any state <br />or federal court, or by any state or federal regulatory body, to have acted <br />with respect to controlled substances in violation of applicable law; or <br />d. The permit holder is no longer registered with the Florida Department of <br />Health, pursuant to sections 458.3265 or 459.0137, Florida Statutes, or no <br />longer holds a current business tax receipt for a pain management clinic, <br />or the controlled substance registration issued by the United States <br />Department of Justice, Drug Enforcement Administration to any person <br />prescribing, administering or dispensing controlled substances at the pain <br />management clinic has been suspended, revoked or denied renewal. <br />Emergency Suspension of Permit. Upon clear and convincing proof that <br />one or more of the events set forth in subsection (8) have occurred, and <br />upon a finding that continued operation of the pain management clinic <br />presents an immediate danger to the health, safety and welfare of the <br />residents of Indian River County, the Department shall be authorized <br />immediately to suspend the pain management clinic's permit. In such <br />event, the permit holder shall have the right of appeal as set forth in <br />section 100.06 of this Code. The suspension shall be considered a <br />decision of a department head for the purpose of applying section 100.06. <br />All aspects of the appeal shall be expedited. An appeal fee shall be paid <br />by the applicant at the time of filing an appeal to the Board. The amount of <br />the fee shall be set by resolution of the Board. The amount shall be <br />(9) <br />9 <br />
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