Orlando City CouncilMonday, January 24, 2011Pain Management Clinics

Kyle ShephardAssistant 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)

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 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 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 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 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 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 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 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.