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Last modified
12/28/2016 4:30:09 PM
Creation date
11/8/2016 3:51:04 PM
Metadata
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Ordinances
Ordinance Number
2016-014
Adopted Date
11/08/2016
Agenda Item Number
10.A.2.
Ordinance Type
Amendment to code
State Filed Date
11\08\2016
Entity Name
Amendment to Section 315.02, 315.03 of Chapter 315
Subject
Revising the definition of medical marijuana treatment center
Codified or Exempt
Codified
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Section 315.02 (Definitions) and Section 315.03 (Prohibited Activities) of Chapter 315 <br />(Pain Management Clinics, Controlled Substances and Medical Marijuana) of the Code <br />of Indian River County, Florida is hereby amended to read as follows: <br />CHAPTER 315. PAIN MANAGEMENT CLINICS, CONTROLLED <br />SUBSTANCES AND MEDICAL MARIJUANA <br />Section 315.02 - Definitions <br />For the purposes of this chapter, the following terms shall have the following <br />meanings: <br />(1) Pain management clinic shall mean any publicly or privately owned facility: that <br />advertises in any medium for any type of pain management services; or where in <br />any month a majority of patients are prescribed opioids, benzodiazepines, <br />barbiturates, or carisoprodol for the treatment of chronic nonmalignant pain; or any <br />medical marijuana treatment center as defined below, unless: <br />a. The clinic is licensed as a facility pursuant to F.S. Ch. 395; <br />b. The majority of physicians who provide services in the clinic primarily <br />provide surgical services; <br />c. The clinic is owned by a publicly held corporation whose shares are traded <br />on a national exchange or on the over-the-counter market and whose total <br />assets at the end of the corporation's most recent fiscal quarter exceeded <br />fifty million dollars ($50,000,000.00); <br />d. The clinic is affiliated with an accredited medical school at which training is <br />provided for medical students, residents or fellows; <br />e. The clinic does not prescribe or dispense marijuana or controlled <br />substances for the treatment of pain; or <br />f. The clinic is owned by a corporate entity exempt from federal taxation under <br />26 USC section 501(c)(3). <br />Any clinic or facility meeting the definition above shall be considered a pain <br />management clinic, regardless of its use of any other descriptive name, such as a <br />center for "wellness," "detox," "detoxification," "urgent care," etc. <br />(2) Applicable law shall mean this Code, applicable Florida law, including, without <br />limitation, rules and regulations promulgated by the Florida Department of Health, <br />the Florida Board of Medicine, the Florida Board of Osteopathic Medicine, the <br />Florida Board of Pharmacy, and applicable federal law. <br />(3) Board shall mean the Indian River County Board of County Commissioners. <br />z <br />
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