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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