RESOLUTION
NO.____________________
A RESOLUTION OF THE
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 7 patients a day are reported as dying of prescription drug overdose in Florida, a number that far exceeds the number dying from illegal drug use”; 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, many cities within Broward County have experienced a recent influx of “pain clinics” and “pain management clinics”; and WHEREAS, in addition to efforts on the local level, statewide legislative leadership is critical to ensure the safe and responsible operation of such clinics; and WHEREAS, the City Commission of the City of North Lauderdale finds that regulation of pain management clinics is best done in a uniform manner at the state level so that such clinics operating throughout the state are required to operate under a uniform set of regulations; and WHEREAS, in 2009 the Legislature of the State of Florida adopted 2009-198, Laws of Florida, thereby creating Section 893.055, F.S., which provides an electronic monitoring system for the prescription of certain controlled substances; and WHEREAS, Senate Bill 646, Senate Bill 804 and House Bill 671, currently pending in the State Senate and State House of Representatives, propose additional restrictions on pain clinics, including requirements that pain management clinics be owned and operated by licensed physicians and that such clinics be required to register with the Department of Health; andWHEREAS, such requirements will ensure more responsible ownership and operation of these clinics and provide greater accountability in the event of improper practices at such facilities; and
WHEREAS, the
NOW,
THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF NORTH
LAUDERDALE, FLORIDA:
Section 1. The foregoing "WHEREAS" clauses are hereby ratified
and confirmed as being true and correct and are hereby made a specific part of
this Resolution upon adoption hereof.
Section 2.
The
Section 3. The
City Clerk is hereby directed to transmit a copy of this resolution to the Governor of the State of
Florida, the Florida Legislature, and the Broward League of Cities.
Section 4. The appropriate City officials are
hereby authorized to do all things necessary and expedient to carry out the provisions
of this Resolution.
Section 5. All resolutions inconsistent or in
conflict herewith shall be and are hereby repealed insofar as there is conflict
or inconsistency.
Section 6. If
any section, sentence, clause, or phrase of this resolution is held to be
invalid or unconstitutional by any court of competent jurisdiction, then said
holding shall in no way affect the validity of the remaining portions of this
resolution.
Section 7. This resolution shall become effective
upon its passage and adoption by the
PASSED AND ADOPTED
BY THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, THIS
__________ DAY OF __________________, 2010.
___________________________________
MAYOR
JACK BRADY
___________________________________
VICE
MAYOR JOHN R. CANGEMI
ATTEST:
________________________________
PATRICIA VANCHERI, City Clerk
APPROVED AS TO LEGAL FORM:
________________________________
SAMUEL S. GOREN, City Attorney