§ 16-62. Ownership.

(a)

Except as specified in subsection (b), each clinic shall be 100 percent owned and operated by a physician or physicians qualified or certified in the subspecialty of pain management by a member board of the American Boards of Medical Specialties.

(b)

A clinic in operation on or before January 1, 2009, is exempt from subsection (a) if all of the following requirements are met.

(1)

The clinic is not owned, either in whole or in part, by independent contract, agreement, partnership, or joint venture with a physician who during the course of his practice has:

a.

Been denied the privilege of prescribing, dispensing, administering, supplying, or selling any controlled dangerous substance; and

b.

Had board action taken against his medical license as a result of dependency on drugs or alcohol.

(2)

The clinic is not owned, either in whole or in part, by an individual who has been convicted of, pled guilty or nolo contendre to a felony.

(3)

The clinic is not owned, either in whole or in part, by an individual who has been convicted of, pled guilty or nolo contendre to a misdemeanor, the facts of which relate to the use, distribution, or illegal prescription of any controlled substance.

(4)

The clinic shall operate as an urgent care facility offering primary or acute health services, in addition to caring for patients with chronic pain, and shall have held itself out to the public as an urgent care facility.

(c)

Any change of ownership shall be reported in writing to the city finance department within five working days of the transfer of ownership by any lawful means. The license of a clinic is not transferable or assignable between individuals, clinics or both. A license cannot be sold. The new owner shall submit all documents required for a new license including the licensing fee. Once all application requirements are completed and approved by the department, a new license shall be issued to the new owner.

(Ord. No. 3522, (16-47), 1-27-2009)