Community Development Department Pain Management Clinics Proposed Ordinance City Council Public Hearing November 1, 2011

Community Development Department Pain Management Clinics-Background Moratorium expires December 31, 2011 Flagler County Sheriff’s Office and other Law Enforcement Agencies monitoring effects of new legislation City Council directed City Attorney and staff to draft an ordinance based on existing regulations and statutes presented during workshop Ordinance distributed to all municipalities and registered pain management clinics

Community Development Department Pain Management Clinics-Ordinance Ordinance consistent with State Statutes: –Definitions –Exceptions from regulations consistent with state statutes for pain management clinic Ordinance effective January 1, 2012

Community Development Department Pain Management Clinics-Ordinance Ordinance requires clinics to provide evidence of compliance with state statutes: –City will require Certificate of Use as part of business tax receipt application Evidence of state registration (Required to display) Evidence that clinic includes emergency lighting and communications, reception and waiting area, restrooms, admin area, exam/treatment room, sign with name of designated physician, and no outdoor waiting areas

Community Development Department Pain Management Clinics-Ordinance Additional City regulations: Minimum floor area (1000 sq. ft.), No outdoor waiting areas, No drive-thru operations, No alcohol sales, No loitering, Operating hours, (Monday to Saturday 7 a.m. to 7 p.m.) permits emergency services outside regular business hours,

Community Development Department Pain Management Clinics-Ordinance Additional City regulations: Landlord responsibility (due diligence in monitoring activities), Payment method. No cash only operations, No employee, independent contractor or volunteer associated with operation has been convicted of drug related felony within the five (5) year period prior to date of the application, Certificate of Use revoked if Department of Health revokes or suspends registration

Community Development Department Pain Management Clinics-Ordinance Sec Pain Management Clinics to comply within 365 days of effective date. Sec Penalties Certificate of Use may be revoked for violation of code Effective Date of Ordinance January 1, After expiration of current moratorium.

Community Development Department Pain Management Clinics-Ordinance Staff Recommends Adoption.