Public Hearing on Proposed Zoning Regulations for Pain Management Clinics Board of County Commissioners May 22, 2012.

Public Hearingon

Proposed Zoning Regulations for

Pain Management Clinics

Board of County CommissionersMay 22, 2012

Presentation Outline

Background

Zoning Recommendations of Task Force

Questions and Public Hearing

Background

December 15, 2010 – BCC passed a moratorium on new pain management clinics

June 2011 -- Mayor Jacobs created the Prescription Drug Task Force • Comprehensive approach to address non-medical

use of prescription drugs and the proliferation of pain management clinics through enforcement,healthcare and pharmacies, education, prevention and public policy

Oct. 31, 2011 – Subcommittees present reports to TF; all recommendations of subcommittees approved

Background

December 6, 2011 – BCC voted to extend the moratorium on new PMC’s for an additional 180 days

Mar. 6, 2012 -- BCC holds a work session on TF recommendations; authorizes staff to draft ordinances to codify all recommendations

Mar. 15, 2012 – P&ZC work session on TF Zoning recommendations

Apr. 19, 2012 – P&ZC approved TF zoning recommendations with revisions (in yellow)

Background

May 22, 2012 – First of two BCC public hearings TF zoning recommendations

June 5, 2012 – Second of two BCC public hearings on TF zoning recommendations and public hearing on substantive ordinance regulating PMCs

Presentation Outline

Background

Task Force Zoning Recommendations Definitions Zoning use table Conditions on PMC as permitted use

Questions and Public Hearing

Task Force Zoning Recommendations

Amend 38-1, Zoning Code (definitions)

Define “Pain Management Clinic” (PMC) to mean any privately owned clinic, facility or office, which has at least one of the following characteristics: Where a physician practices who issues

prescriptions for a dangerous drug to more than twenty (20) patients in a single day;

Holds itself out as being in business to prescribe or dispense pain medication whether for Acute Pain or Chronic Pain;

Holds itself out as being in business to provide services for the treatment or management of pain (and actually dispenses dangerous drugs); or

Meets the state definition of PMC

Task Force Zoning Recommendations

Zoning Code (definitions) (cont’d)

PMC – Exceptions: Licensed as a hospital or other licensed facility or

owned and operated by a licensed facility (ch 395, FS)

Majority of physicians who provide services in the clinic primarily provide surgical or oncology services

Affiliated with an accredited medical school Does not prescribe or dispense controlled

substance for treatment of pain Operated for the sole purpose of serving a

governmental entity

Task Force Zoning Recommendations

Zoning Code (definitions) (cont’d)

Amend definition of “Clinic” to exclude “Pain Management Clinic”

Amend definition of “Home Occupation” to exclude “Pain Management Clinic”

Create a new definition for the term, “Dangerous Drugs” (for use with the definition of PMC) a controlled substance, specifically an opiate

analgesic, listed in Schedule II and Schedule III Designed to be a very narrow subset of

prescription drugs – those that have proved to be most dangerous to the community

Task Force Zoning Recommendations

Amend 38-77, Zoning Use Table

Requirement for New Pain Management Clinics: Zoning and Locations – any new PMC is a

permitted use in the C3, I-1, I-2, I-3, I-4 and I-5 zoning districts (with conditions)

Task Force Zoning Recommendation

P&Z CommissionZoning Recommendation

Task Force Zoning Recommendations

Amend 38-79, Conditions on permitted use

Conditions: Must get required building and use permits May not co-locate on the same property as a

pharmacy Must have 1000 ft separation from

pharmacy, day care facility, day care home, religious institution

Must provide adequate parking on site Must show parking demands are met on site

Presentation Outline

Background

Zoning Recommendations of Task Force

Questions and Public Hearing

Questions?

Public Hearing

Public Hearingon

Proposed Zoning Regulations for

Pain Management Clinics

Board of County CommissionersMay 22, 2012