HomeMy WebLinkAboutRESOLUTION NO. 11-05-175STATE OF GEORGIA
COUNTY OF FULTON
RESOLUTION NO. 11-05-175
A RESOLUTION IMPOSING A LIMITED AND TEMPORARY
""" MORATORIUM UPON ISSUANCE OF BUSINESS LICENSES TO NEW
PAIN MANAGEMENT CLINICS WITHIN THE CITY OF MILTON
WHEREAS, information received from law enforcement officials in several States
indicate that criminal activity increases in areas where pain clinics operating as no more than
"pill mills" are located; and
WHEREAS, the Grand Jury in Broward County, Florida, heard testimony and
considered evidence concerning the proliferation of such pain clinics in Broward County and
South Florida; and
WHEREAS, the Broward County, Florida, Grand Jury issued its Interim Report on
November 19, 2009, concerning The Proliferation of Pain Clinics in South Florida ("Broward
County Grand Jury Report"); and
WHEREAS, the Broward County Grand Jury Report found that "[i]n 2007 there were
four pain clinics operating in Broward County. From those 4 pain clinics in Broward County the
number swelled to 66 pain clinics operating in South Florida in 2008. From August 2008 to
November 2009 the number of pain clinics opening and operating in South Florida exploded in
number from 66 to 176, and the number of pain clinics opening and operating in Broward
County increased from 47 to 115. Pain clinics, which dispense prescription drugs on site,
dispensed almost 9 million dose units of Oxycodone in South Florida during the last months of
2008. 6.5 million dose units of the 9 million dose units were dispensed in Broward County
alone." Broward County Grand Jury Report at page 6; and
WHEREAS, the Broward County Grand Jury Report reported as follows: "The National
Survey on Drug Use and Health conducted annually by the Substance Abuse Mental Health
Services Administration estimates that in the last 30 days over 5 million Americans used non-
medical prescription opioids or narcotic analgesics or pain relievers. In 2005, 11,300,000
Americans age 12 and above had used prescription pain medication in a non-medical use. In
2007, the number increased almost 50% to 16,280,000 Americans. One of the age groups that
have shown the highest levels of prescription non-medical use has been young adults age 18 to
25. In 2007, 2,147,000 Americans were first time non-medical users of prescription pain
medication." Broward County Grand Jury Report, at pages 11-12; and
WHEREAS, the City of Milton has great respect for reputable medical practitioners who
are attempting to diagnose and treat pain being experienced by their patients; and
WHEREAS, the typical pain clinic, however, operating as no more than a "pill mill" has
little or no interest in treating pain or the symptom of pain, but is interested in only dispensing
WPM prescription pain medication with little or no diagnosis of the "patient." See Broward County
Grand Jury Report at ages 19-20; and
WHEREAS, the Broward County Grand Jury Report found that "[a] couple of cities in
Broward County have attempted to restrict the growing number of clinics in their cities by
enacting ordinances to prohibit the location of pain management clinics that dispense narcotic
drugs on site." Broward County Grand Jury Report at page 33; and
WHEREAS, City of Milton has been made aware of numerous news reports describing a
"pipeline" of trafficking drugs from pain management clinics in South Florida to users in States
such as Kentucky, West Virginia, and Ohio; and
WHEREAS, prescription drug abuse is becoming a major problem in Georgia, and
according to the Georgia Drug and Narcotics Agency, deaths due to prescription drug overdoses
have surpassed those of all other illicit drugs; and
WHEREAS, adoption of a moratorium on the issuance of business licenses to pain
management clinics will 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
WHEREAS, the State of Georgia is considering the enactment of Senate Bill 36 to
establish astate-wide electronic database r certain controlled m y impact the City'ss ability to
City Council have reviewed Senate Bill 36 Said enactment
regulate pain management clinics; and
WHEREAS, the City of Milton desires to impose a 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.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COUNCIL OF THE CITY OF MILTON, GEORGIA, AS FOLLOWS:
1.
There is hereby adopted a moratorium on issuance of business licenses to pain
management clinics within the City of Milton. Said moratorium shall run through April,
12
with the intention of providing an opportunity for the State of Georgia to address relevant
legislation that would impact the City's ability develop ordinances ulate sain and/ornagement regulationsclinics
that addressvthe
ide
the city of Milton an opportunity p
secondary effects of pain management clinics on individuals and the community.
2.
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 II, 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 thepatients
chronic nonmalignant a preribnd or dispensed controlled
substance medications for the treatment of
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 upon the earlier of the date set forth
in paragraph 1 or upon the City of Milton Council otherwise addressing the issue of pain
management clinics through a subsequent resolution or ordinance.
RESOLVED, the public's health, safety, and welfare demanding it, this the 2nd day of
May, 2011.
�Iz
Joe Lockwood, ayor
Attest:
Sudie AM Gordon, ,City