HomeMy WebLinkAboutResolution No 12 02 211STATE OF GEORGIA
COUNTY OF FULTON
RESOLUTION NO. 12-02-211
A RESOLUTION IMPOSING A LIMITED AND TEMPORARY
MORATORIUM UPON ISSUANCE OF BUSINESS LICENSES TO NEW
PAIN MANAGEMENT CLINICS WITHIN THE CITY OF MILTON
WHEREAS, on May 2, 2011, the City of Milton adopted a resolution imposing a
moratorium on the issuance of business licenses to pain management clinics until April 30, 2012
in order to provide the City of Milton an opportunity to develop ordinances and/or regulations
that address the secondary effects of pain management clinics on individuals and the community,
and to study the potential effects of pending Georgia legislation intended to regulate pain clinics;
WHEREAS, a true and correct copy of said moratorium is attached as Exhibit A;
WHEREAS, the State of Georgia has enacted O.C.G.A. § 16-13-57 through 16-13-65 to
establish a state-wide electronic database for certain controlled substances and the Mayor and
City Council have reviewed the same;
WHEREAS, the City of Milton has reviewed the state-wide electronic database for
certain controlled substances, and determined that said database will not be operational until well
past the expiration of the current moratorium;
WHEREAS, the City of Milton desires to extend the temporary and limited moratorium
to enable it to review the outcome of such legislation, and to allow for the possible creation of a
statewide database for controlled substances;
WHEREAS, appropriate notice and hearing on the moratorium extension contained
herein have been carried out according to general and local law.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COUNCIL OF THE CITY OF MILTON, GEORGIA, AS FOLLOWS:
1.
The moratorium on issuance of business licenses to pain management clinics within the
City of Milton is extended until August 8, 2012 with the intention of providing an opportunity
for the City of Milton to develop ordinances and/or regulations that address the secondary effects
of pain management clinics on individuals and the community.
2.
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The moratorium shall apply to all privately owned pain management clinics, facilities, or
offices (including those which advertise in any medium) for the sale or dispensing of any type of
pain management services, or dispensing controlled substance medications, and defined as a
Schedule Il, III, IV or V controlled substance as defined by Georgia law. A physician is
primarily engaged in the treatment of pain by prescribing or dispensing controlled substance
medications when the majority of the patients seen are prescribed or dispensed controlled
substance medications for the treatment of chronic nonmalignant pain.
Chronic nonmalignant pain is pain unrelated to cancer which persists: (1) beyond the
usual course of the disease or the injury that is the cause of the pain; or (2) more than 90 days
after surgery.
3.
The moratorium shall not apply to the following:
A licensed pharmacy of a hospital that dispenses such substances for the purpose of
inpatient or outpatient hospital care, a licensed pharmacy of a hospital or retail pharmacy
of a hospital that dispenses prescriptions for controlled substances at the time of dismissal
or discharge form such a facility, or a licensed pharmacy of a hospital or retail pharmacy of
a hospital that dispenses or administers such substances for long-term care patients or
inpatient hospice facilities;
An institutional pharmacy that serves only a health care facility, including, but not limited
to, a nursing home, an intermediate care home, a personal care home, or a hospice
program, which provides inpatient care and which pharmacy dispenses such substances to
be administered and used by a patient on the premises of the facility;
A practitioner or other authorized person who administers such a substance; or
A pharmacy operated by, on behalf of, or under contract with the Department of
Corrections for the sole and exclusive purpose of providing services in a secure
environment to prisoners within a penal institution. This shall include correctional
institutions operated by private entities in this state which house inmates under the
Department of Corrections.
A licensed stand-alone retail pharmacy or a licensed pharmacy that is part of a grocery
store wherein at the same physical location are also sold vitamins, supplements, food
products, school supplies, cosmetics and other sundries.
4.
This Resolution shall be effective upon a majority vote by the City Council as ratified by
the Mayor of the City of Milton, Georgia, and shall terminate on August 8, 2012 or the effective
date of a duly adopted ordinance or regulation addressing pain management clinics, whichever is
earlier.
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RESOLVED, the public's health, safety, and welfare demanding it, this the 22nd day of
February, 2012.
Attest:
Sudie AM Gordon, City Clerk
Joe Lockwo or
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