§ 10-508. Preliminary information; questionnaire; classification.

(a)

While studies and research illustrate that "pill mills" more often than not pose as "pain clinics", this perception can be inaccurate. Many legitimate pain clinics operate daily throughout the state and nation, faithfully treating their patients with the highest ethical standards. Pill mills are capable of posing as urgent care clinics, family medical practices, and neighborhood pharmacies, for example. In fact, any medical "storefront" could operate as a pill mill.

(b)

The reality, however, is that the vast majority of medical establishments and pharmacies are absolutely legitimate. Preliminary information will be gathered from proposed medical establishments and pharmacies to properly route the business through the applicable regulatory and zoning reviews, prior to the issuance of a occupational tax certificate. A questionnaire shall be provided to persons seeking to operate a medical establishment or pharmacy in the City of Cartersville ("applicant"), in conjunction with the completion of occupation tax certificate and zoning preclearance forms.

(c)

The planning and development department and the police department are hereby directed to create a questionnaire for those seeking to operate a medical establishment or pharmacy in the City of Cartersville. Included with relevant contact and corporate information as required by the planning and development director and police chief, the following questions shall be included:

(1)

Detail services offered at the proposed medical establishment or pharmacy.

(2)

If opening a pain clinic, please detail the methods of evaluation, treatment, and rehabilitation offered at the proposed establishment.

(3)

If not opening a pain clinic, what percentage of your practice will be devoted to the treatment and diagnosis of acute and chronic pain?

(4)

If opening a pharmacy, do you intend to provide medical treatment services at the location?

(5)

Do you intend to prescribe Schedule II, III or IV drugs at your proposed location?

(6)

Do you intend to dispense Schedule II, III or IV drugs at your proposed location or on the premises?

(7)

Do you plan to accept healthcare insurance from your patients?

(d)

Each applicant, representing a proposed medical establishment or pharmacy, shall in good faith complete this questionnaire, answering the questions to the best of their ability. Signatures of the applicant and establishment owner or corporate officer (if not the same as applicant) shall be required on the questionnaire, attesting that all answers and information provided are true and correct to the best of their knowledge. Deception, false statements, and misrepresentations on the questionnaire shall cause enforcement action and penalties against the entity as detailed under sections 10-519 and 10-521.

(e)

The planning and development department shall review each completed questionnaire to determine if a pain clinic's occupational tax certificate, as mandates by this article, is required for the proposed establishment. The city manager, police chief, or planning and development director may review each questionnaire to determine if a proposed business shall be classified as a medical establishment, pharmacy or pain clinic. The decision to classify a proposed business as a pain clinic is at the discretion of the city manager, police chief, or planning and development director, appealable to city council, as detailed under section 10-520.

(Ord. No. 15-12, 2-2-12)