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

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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  1. Orlando City CouncilMonday, January 24, 2011Pain Management Clinics Kyle Shephard Assistant City Attorney

  2. 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)

  3. 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

  4. 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

  5. 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

  6. 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

  7. 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

  8. 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

  9. 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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