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

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