§ 7-305. Mandatory conditions for pain medication licenses.

All pain medication licenses shall require compliance with the following conditions:

(a)

During all hours of operation, the pain management clinic or pharmacy shall comply with the following conditions:

(1)

Each pain management clinic or pharmacy shall be registered separately for each location within the city regardless of whether each clinic or pharmacy is operated under the same business name or management as another clinic or pharmacy;

(2)

Each application for a pain management clinic or pharmacy shall disclose each owner and operator of such clinic or pharmacy, and individual principals of any entity that owns such clinic or pharmacy;

(3)

The pain management clinic or pharmacy shall not limit the form of payment for goods or service to cash only;

(4)

The pain management clinic or pharmacy shall not accept cash for payment of goods and services associated with the prescribing or dispensing of schedule II substances except for insurance co-pays, coinsurance, or deductibles; and

(5)

Such other conditions as the city commission determines are reasonably relates to the public health, safety and welfare.

(b)

Pharmacies: During all hours of operation, the pharmacy shall comply with the following conditions:

(1)

The pharmacy shall have a State of Florida licensed pharmacist physically on premises at all times during all hours of operation;

(2)

The pharmacy shall post a copy of all licensed pharmacists' licenses;

(3)

The pharmacy shall require a valid state or federal photo identification, or passport, to identify the patient or, in the case of a minor, his/her parent or legal guardian's similar identification, prior to the dispensing of any schedule II substances;

(4)

The pharmacy shall only dispense any schedule II substances as defined in section 7-301 between the hours of 9:00 a.m. to 7:00 p.m.;

(5)

The pharmacy shall not dispense more than a thirty-day supply of any schedule II substance provided the patient's valid identification is from the State of Florida. For any patient whose valid identification is outside the State of Florida, the pharmacy shall not dispense more than a seventy-two-hour supply of any schedule II substance except that a pharmacy may dispense up to a thirty-day supply of any schedule II substance provided the patient presents (i) a valid photo identification, in accordance with section 7-305(b)(3), and (ii) a City of Sunrise water bill or FPL utility bill that is not older three (3) months, that is in the name of the patient or the patient's spouse, and that shows a City of Sunrise address.

(6)

The pharmacy shall maintain a legible copy of the prescription for schedule II substances as defined by section 7-301; the patient's photo identification for each prescription dispensed or delivered; and the City of Sunrise water bill or FPL utility bill, if applicable. The records must be maintained for a minimum of two (2) years. Such records shall be available for inspection and copying by the law enforcement agencies, as permitted by F.S. § 893.07, for a minimum of two (2) years;

(7)

The delivery, including mail order delivery, of all schedule II substances shall be prohibited except (i) to any facility licensed under F.S. Chs. 400 or 429, or (ii) while fully complying with sections 7-305(b)(5) and 7-305(b)(6), to any Sunrise address listed on the patient's valid photo identification, or (iii) while fully complying with sections 7-305(b)(5) and 7-305(b)(6), to the Sunrise address listed on the City of Sunrise water bill or FPL utility bill for the patient or the patient's spouse, if applicable;

(8)

Provide a monthly summary report to the police department for all schedule II substances as defined in section 7-301 that have been dispensed by this facility. The monthly report shall be provided by the seventh day of each month for the previous month. At a minimum, the report shall include the following:

a.

A list of all physicians that have prescribed schedule II substances and the business address of the prescribing physician;

b.

The number of prescriptions written by each physician or physicians' office;

c.

The number of prescriptions associated with each type of schedule II substances;

d.

Certification from the applicant that the pain management clinic or pharmacy is in compliance with all provisions of the pain medication license; and,

e.

A current listing of all suppliers/wholesalers for all schedule II substances.

(c)

Pain management clinics: During all hours of operation, the pain management clinic shall comply with the following conditions:

(1)

The pain management clinic shall only operate between the hours of 9:00 a.m. to 6:00 p.m.;

(2)

Prior to prescribing or dispensing any schedule II substances, the licensed physician shall perform a physical examination of a patient on the same day at the same location that he or she dispenses or prescribes any schedule II substance. The physical exam shall be performed by the licensed physician and shall not be performed by a nurse or physician's assistant. A written report of the physical examination shall be placed in the patient record;

(3)

The physician shall require a valid state or federal photo identification, or passport, to identify the patient or, in the case of a minor, his/her parent or legal guardian's similar identification, prior to the prescribing or dispensing of any schedule II substances;

(4)

A physician shall not prescribe or dispense more than a thirty-day supply of any schedule II substance provided the patient's valid identification is from the State of Florida. For any patient whose valid identification is outside the State of Florida, the physician shall not prescribe or dispense more than a seventy-two-hour supply of any schedule II substance except that a physician may prescribe or dispense up to a thirty-day supply of any schedule II substance provided the patient presents (i) a valid photo identification in accordance with section 7-305(c)(3), and (ii) a City of Sunrise water bill or FPL utility bill that is not older three (3) months, that is in the name of the patient or the patient's spouse, and that shows a City of Sunrise address;

(5)

The physician shall maintain a legible copy of the prescription for schedule II substances as defined by section 7-301; the patient's photo identification for each prescription; and the City of Sunrise water bill or FPL utility bill required by section 7-305(c)(4), if applicable. The records must be maintained for a minimum of two (2) years. Such records shall be available for inspection and copying by the law enforcement agencies, as permitted by law, for a minimum of two (2) years;

(6)

Each prescription must be clearly documented in the patient record. All written prescriptions must include the name, address, substance name, amount prescribed, and detailed instructions;

(7)

The pain management clinic shall establish and submit to the city as part of the pain medication license application written policies and procedures governing the management of pain that are reviewed every year and revised more frequently as needed. The written policies and procedures shall include at least the following:

a.

A written procedure for systematically conducting periodic assessment of patient's pain;

b.

Criteria for the assessment of pain, including but not limited to: pain intensity or severity, pain character, pain frequency or pattern, or both; pain location, pain duration, precipitating factors, responses to treatment and the personal, cultural, spiritual, and/or ethnic benefits that may impact an individual's perception of pain;

c.

A written procedure for the monitoring of a patient's pain;

d.

A written procedure to insure the consistency of pain rating scales across the pain management clinic;

e.

Requirements for documentation of a patient's pain status on the medical record;

f.

A procedure for educating patients and, if applicable, their families about pain management when identified as part of their treatment;

g.

A written procedure for systematically coordinating and updating the pain treatment plan of patient in response to documented pain status; and

h.

Whether or not the pain management clinic requires patients to enter into a narcotic medication agreement, and if so, whether the agreement addresses: the risks associated with taking schedule II substances; requirements for the patient to use one (1) pharmacy to fill all schedule II prescriptions; a requirement that the patient not utilize illegal or illicit drugs or obtain additional prescriptions for schedule II substances; a requirement that prescriptions not be transferred, shared, traded or sold; authorization for the pain management clinic to contact other physicians and pharmacies to validate compliance; indicators of patient misuse, abuse or diversion that may result in non-compliance or violation of the agreement; and the consequences for non-compliance or violation of the agreement including but not limited to patient authorization for referral to law enforcement; and

i.

Whether or not the physician requires random drug screening.

(8)

Each pain management clinic shall develop, revise as necessary and implement a written plan for the purpose of annual training and educating staff on pain management policies and procedures. The plan shall be submitted and reviewed as part of the application for pain medication license. The plan shall include mandatory educational programs that address at least the following:

a.

Orientation of new staff to the pain management clinic's policies and procedures on pain management;

b.

Training of non-clerical staff on the dangers of prescription drug diversion, the signs of misuse and abuse, and the importance of patient compliance with prescribed regimens;

c.

Patient rights; and

d.

Implementation of the plan shall include records of attendance of each program for each member of the pain management clinic's staff.

(9)

Provide a monthly summary report to the police department for all schedule II substances as defined in section 7-301 that have been prescribed or dispensed by this facility. The monthly report shall be provided by the seventh day of each month for the previous month. At a minimum, the report shall include the following:

a.

List of all physicians that have prescribed schedule II substances, with their business addresses;

b.

The number of prescriptions written by each physician or physician's office; and

c.

The number of prescriptions associated with each type of schedule II substances.

(Ord. No. 512-11-B, § 3, 6-28-11)