orlando city council monday january 24 2011 pain management clinics
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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

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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