HomeMy WebLinkAbout2012-OR-33 ORDINANCE NO 2012 -OR- 33
BEFORE THE JEFFERSONVILLE COMMON COUNCIL
STATE OF INDIANA
(Moratorium — New Pain Management Clinics)
AN ORDINANCE IMPOSING A TEMPORARY MORATORIUM ON THE
ESTABLISHMENT OF NEW PAIN MANAGEMENT CLINICS
WHEREAS, a pattern of purchase, illegal distribution and personal abuse of substances
controlled by federal and /or state law has been linked in large part to certain pain management
clinics or medical facilities operating in Indiana;
WHEREAS, the illegal activity involving substances controlled by federal and /or state law
associated with such clinics has created an urgent situation requiring immediate action to reduce the
threat to the health, safety and welfare of the residents of the City of Jeffersonville; and
WHEREAS, the Indiana Legislature has similarly identified concerns regarding the increased
abuse of substances controlled by federal and /or state law and higher frequency of injury and death
occurring as a result of the increased availability of controlled substances via medical practitioners
operating in pain management clinics or facilities and is presently studying the adoption of legislation
to further regulate operators of such clinics or facilities, or physicians and other medical practitioners
providing prescriptions for and /or dispensing controlled substances through such clinics, facilities or
offices in order to conduct such business; and
WHEREAS, the State of Kentucky has recently enacted legislation that further regulates pain
management clinics or facilities;
WHEREAS, the existence of the new laws in the State of Kentucky may increase the number
of pain management clinics seeking to operate in the City of Jeffersonville; and
WHEREAS, the Common Council finds that the existing zoning laws and regulations do not
adequately address the location and operation of pain management clinics within the City of
Jeffersonville; and
WHEREAS, the Common Council believes further regulation of new pain management
clinics is necessary in order to limit or curb negative impacts created by these clinics, such as illegal
prescription drug trafficking and sales of illegal drugs around the clinics, and loitering in areas
surrounding the clinics; and
WHEREAS, the Common Council finds that due to the significant, potential negative
impacts associated with certain pain management clinics, it is necessary to impose a temporary
moratorium on new pain management clinics in the City of Jeffersonville in order to allow time to
develop zoning regulations to prevent or mitigate the incidence of such potential negative impacts;
and
WHEREAS, the Common Council finds that the adoption of this Ordinance is necessary in
order to protect the public health, safety and welfare;
NOW THEREFORE BE IT ENACTED by the Common Council for the City of Jeffersonville
Clark County, Indiana:
SECTION 1: Adoption of Findings. The foregoing findings are true and correct and are hereb
made a part hereof and incorporated herein by reference. y
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SECTION 2: Definitions. For the purposes of this Ordinance, the following terms, whether
appearing in the singular or plural form, shall have the following meanings: g ther
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a. Chronic Nonmalignant Pain is pain unrelated to cancer which persists beyond the usual
course of the disease or the injury that is the cause of the pain or for a period of more than I
90 days after surgery.
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b. Pain Management Clinic means any privately owned clinic, facility, or office which
advertises in any medium concerning the availability of any type of pain - management
services or employs a physician or osteopathic physician or nurse who is primarily engaged
in the treatment of pain by prescribing or dispensing substances controlled by federal and /or
state law, but the term shall not include:
A clinic where the majority of the physicians who provide services in the clinic primarily provide I
surgical services; y p e
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A clinic that is owned by a publicly held corporation whose shares are traded on a national
exchange or on the over - the - counter market and whose total assets at the end of the k
corporation's most recent fiscal quarter exceeded $50 million;
A clinic that is affiliated with an accredited medical school at which training is provided for
medical students, residents, or fellows;
A clinic that does not prescribe or dispense substances controlled by federal and /or state law for
the treatment of pain; or
A clinic that is owned by a corporate entity exempt from federal taxation under 26 U.S.C. s. h
501(c)(3).
For the purposes of this definition, a physician, including an osteopathic physician, is considered to 1
be primarily engaged in the treatment of pain by prescribing or dispensing substances controlled by
federal and /or state law when the majority of the patients seen by such physician are prescribed or P
dispensed a substance controlled by federal or state law for the treatment or purported treatment of
chronic nonmalignant pain.
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SECTION 3: Moratorium. There shall be no new pain management clinics located within the E
incorporated limits of City of Jeffersonville for a period of one hundred and eighty (180) days from
the effective date of this Ordinance, or until such time as the Common Council adopts new zoning
regulations governing Pain Management Clinics and expressly lifts the moratorium hereby imposed,
whichever occurs first. For the , ur oses of this Ordinance
P p a Pain Management Clinic shall be
considered "new" and shall not be permitted to operate, and shall not conduct business or otherwise
operate, if it is not in operation as of the effective date of this Ordinance. Additionally, no permits or
approvals of any kind, including, without limitation, issuance of a building permits, variances, re-
zoning, shall be granted and no applications for such ermits and approvals pprovals shall be accepted or
received for any new Pain Management Clinics within the incorporated limits of the City of
Jeffersonville during the moratorium period hereby established.
SECTION 4: Penalties. The City may bring any other action available at law or equity to penalize or
enjoin violations of this Ordinance. !ill!1
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SECTION 5: Severability. If any word, sentence, clause, phrase or li rovi S
any reason, is held to be unconstitutional, void, or invalid, the validity on of this Ordinance, for
Ordinance shall not be affected thereby. tY f the remainder of this
SECTION 6: Effective Date. This Ordinance shall become effective immediately upon y its passage.
Vot- , or I /
iii Voted Against:
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Passed and ado on thi day of _ _ _ 1
;,=' 2012.
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Ed Zastwany, Pre j ent
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Vicki Conlin, Clerk
l Presented by me, Vicki Conlin, Clerk, to the Mayor of Jeffersonville at 8,' Is pm. on this
Q day of CZAAist.A.AVt , 2012.
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Vicki Conlin, Clerk
This ordinance signed and a roved by Mike Moore, Mayor of -ffer nvil t
this (P day of le at i !gym. on
2012. m
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Mike Moore, Mayo
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This ordinance vetoed by Mike Moore, Mayor of Jeffersonville at m. on this
day of , 2012.
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Mike Moore, Mayor
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