10-2199 Recognizing "Cash Only Pharmacies", "Family Medical Practices", & "Pain Management Clinics"

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RESOLUTION NO. 10-2199 A RESOLUTION OF THE CITY OF CASSELBERRY, FLORIDA, RECOGNIZING AND CONFIRMING LEGISLATION IN PROGRESS REGARDING "CASH ONLY PHARMACIES", "FAMILY MEDICAL PRACTICES", AND "PAIN MANAGEMENT CLINICS"; PROVIDING FOR LEGISLATIVE FINDINGS; RECOGNIZING LEGISLATION IN PROGRESS; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, the public health, safety, and welfare is a legitimate public purpose recognized by the courts of Florida; and WHEREAS, at the Florida Board of Medicine (the "Board") Meeting in December 2008, at Tampa, Florida, the Board cited the "rapid proliferation of pain clinics that may be contributing to increased abuse of controlled substances," and concluded "there may be a need to develop rules and regulations for these clinics to provide oversight related to evaluation and follow up of these difficult patients and help physicians identify persons not seeking care but just pill shopping for narcotics;" and WHEREAS, the Board further notes that "an average of seven patients a day are reported as dying of prescription drug overdose in Florida, a number that far exceeds the number dying from illegal drug abuse;" and WHEREAS, the U.S. Department of Health and Human Services has released data showing prescription drug deaths are now the fourth leading cause of death in the United States; and WHEREAS, nearby areas in Florida have experienced an influx of so-called pain management clinics; and WHEREAS, Florida law enforcement officers have observed criminal activities on and around the properties on which various pain management clinics are located, including but not limited to, illegal sales and trafficking of prescription drugs; and WHEREAS, on October 11, 2010 the City Commission was advised by the City's Police Chief as to the proliferation of pain management clinics in Florida, prescription drug abuse, deaths associated with such abuse, and crimes stemming from such abuse; and WHEREAS, the City Commission finds it in the best interest of the citizens of the City of Casselberry to mitigate the negative secondary effects of these businesses by adopting appropriate regulations relating thereto; and WHEREAS, time is needed in which to research the nature and scope of possible measures of mitigation and regulation of cash only pharmacies, family medical practices, and pain management clinics; and WHEREAS, the City Commission deems it in the best interest of the City of Casselberry to develop an ordinance regulating such businesses; and