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Pain Management Clinics Proposed Ordinance City Council Public Hearing October 18, 2011

Pain Management Clinics Proposed Ordinance City Council Public Hearing October 18, 2011. Pain Management Clinics-Background. Moratorium expires December 31, 2011 Flagler County Sheriff’s Office and other Law Enforcement Agencies monitoring effects of new legislation

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Pain Management Clinics Proposed Ordinance City Council Public Hearing October 18, 2011

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  1. Pain Management ClinicsProposed Ordinance City Council Public HearingOctober 18, 2011

  2. 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

  3. Pain Management Clinics-Ordinance • Ordinance consistent with State Statutes: • Definitions • Exceptions from regulations consistent with state statutes for pain management clinic

  4. 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

  5. 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,

  6. 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

  7. Pain Management Clinics-Ordinance • Sec. 16-236 • Pain Management Clinics to comply within 365 days of effective date. • Sec. 16-237. Penalties • Certificate of Use may be revoked for violation of code • Effective Date of Ordinance • January 1, 2012. After expiration of current moratorium.

  8. Pain Management Clinics-Ordinance • Staff Recommends Approval.

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