Orlando City Council Monday, January 24, 2011 Pain Management Clinics - PowerPoint PPT Presentation

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Orlando City Council Monday, January 24, 2011 Pain Management Clinics. Kyle Shephard Assistant City Attorney. State legislation. 2002 Florida Legislature – SB 636 (Died in committee) PDMP was to be operational by July 1, 2003 2003 – HB 989 (Died in the House)

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Orlando City Council Monday, January 24, 2011 Pain Management Clinics

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Orlando city council monday january 24 2011 pain management clinics

Orlando City CouncilMonday, January 24, 2011Pain Management Clinics

Kyle Shephard

Assistant City Attorney


State legislation

State legislation

  • 2002 Florida Legislature – SB 636 (Died in committee)

    • PDMP was to be operational by July 1, 2003

  • 2003 – HB 989 (Died in the House)

  • 2004 – HB 397 & SB 580 (Died in respective chambers)

  • 2005 – None filed

  • 2006 – HB 913 & SB 178 (Died in committees)

  • 2007 – HB 893 (Died in committee)

  • 2008 – HB 1011; SB 2724, et al. (Died in committees)


State legislation1

State legislation

  • 2009 Florida Legislature – SB 462

    • Established Prescription Drug Monitoring Program (“PDMP”)

    • Designed to be a comprehensive electronic database of dispensed prescriptions

    • Required PDMP to be operational by December 1, 2010


State legislation2

State legislation

  • PDMP is still not operational

  • Florida Dept. of Health requested proposals to operate the program

    • Bid protests filed in Sept. and again in Jan.

    • Operational timeline is uncertain

  • PDMP lacks dedicated state funding source

    • $750,000 per year to operate


State legislation3

State legislation

  • 2010 Florida Legislature – SB 2272

    • DOH to register, regulate, and inspect pain management clinics (PMCs)

    • PMCs must designate physician responsible for registration and operation of the PMC

    • Includes stringent penalties for violations


State legislation4

State legislation

  • 2010 Florida Legislature – SB 2272

    • Only licensed physicians may dispense medication at a PMC

    • Eff. July 2012, physicians practicing at PMC must complete a pain management residency or fellowship

    • Physician must physically examine patient at the time of dispensing medication

    • Physician must document reasons for dispensing more than 72-hour supply of medication


State legislation5

State legislation

  • 2010 Florida Legislature – SB 2272

    • Effective Oct. 1, 2010

    • Registration with DOH now required

    • Rulemaking for Board of Osteopathic Medicine completed on Nov. 8, 2010

    • Rulemaking for Board of Medicine was to be complete as Nov. 28, 2010

      • Legislative review

      • Rulemaking hold by the Governor


Proposed ordinance 2011 9

Proposed ordinance #2011-9

  • Establishes temporary moratorium on the

    • opening of new pain management clinics

    • relocation within Orlando of existing pain management clinics

    • expansion of existing pain management clinics

  • Expires on Jan. 1, 2012 or upon repeal by Council

  • Cash-only operation prohibited

  • Hours of operation – 8:00 a.m. to 8:00 p.m.

  • Moratorium task force report by Oct. 1, 2011


Requested action

Requested action

  • Approve proposed ordinance 2011-9 relating to pain management clinics and the abuse of prescription pain medication on first reading.

  • If approved, staff will present the proposed ordinance for second reading, public hearing, and adoption on Feb. 7, 2011.


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