Requirements for Medical or Dental Offices
In order for the Town of Lake Clarke Shores to evaluate the use and implement new regulations, notice is being given, pursuant to Ordinance 2010-3, that no applications or other requests for Zoning approvals for Pain Management Clinics will be approved until the first to occur of the expiration of the moratorium, or the adoption of amended Zoning regulations governing Pain Management Clinics. In order to comply with the moratorium, applicants for Medical or Dental Offices must demonstrate, by substantial competent evidence satisfactory to the Town, that they are not and will not operate as Pain Management Clinics based on the following definitions:
Medical or Dental Office: an establishment where patients, who are not lodged overnight, are admitted for examination or treatment by persons practicing any form of healing or health-building services whether such persons be medical doctors, chiropractors, osteopaths, chiropodists, naturopaths, optometrists, dentists, or any such profession, the practice of which is lawful in the State of Florida. A pain management clinic shall not be considered a medical or dental office.
Pain Management Clinic: all privately owned pain management clinics, facilities, or offices, which advertise in any medium for any type of pain management services, or employ a physician who is primarily engaged in the treatment of pain by prescribing or dispensing controlled substance medications, and are required to register with the Florida Department of Health pursuant to Sec. 458.309 or Sec. 459.005 FL Statutes (2009). A physician is 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 substances medications for the treatment of chronic nonmalignant pain. Chronic nonmalignant pain is pain unrelated to cancer which persists beyond the usual course of the disease or the injury that is the cause of the pain or more than 90 days after surgery.
