HomeMy WebLinkAboutCity of Tamarac Resolution R-2010-035TR11791
March 17, 2010
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2010- 3r
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, SUPPORTING SECTION 893.055, F.S.,
ADOPTED DURING THE 2009 LEGISLATIVE SESSION; FURTHER
SUPPORTING ADDITIONAL LEGISLATIVE EFFORTS TO REGULATE
THE OPERATION AND OWNERSHIP OF PAIN MANAGEMENT
CLINICS ON A STATEWIDE LEVEL, INCLUDING, BUT NOT LIMITED
TO SENATE BILL 646, SENATE BILL 804 AND HOUSE BILL 671;
DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS
RESOLUTION TO THE GOVERNOR OF THE STATE OF FLORIDA,
THE MEMBERS OF THE FLORIDA LEGISLATURE AND THE
BROWARD LEAGUE OF CITIES; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
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
TR11791
March 17, 2010
Page 2
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 Tamarac 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; and
WHEREAS, 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 City Commission of the City of Tamarac deems it to be in the
best interests of the citizens and residents of the City to support Senate Bill 646, Senate
Bill 804, House Bill 671 and other similar legislation imposing additional regulations on
the operation of pain clinics, and to urge that the Florida Legislature adopt the same.
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TR11791
March 17, 2010
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF TAMARAC, 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 City Commission of the City of Tamarac hereby supports
Section 893.055, F.S., adopted during the 2009 legislative session. The City
Commission hereby supports Senate Bill 646, Senate Bill 804 and House Bill 671,
among other legislative proposals seeking to further regulate pain clinics and urges the
Legislature to adopt the same. The City Commission hereby further supports additional
legislative efforts to regulate pain management clinics on a statewide levef.-
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.
TR11791
March 17, 2010
Page 4
Section 7. This resolution shall become effective upon its passage and
adoption by the City Commission.
PASSED AND ADOPTED BY THE CITY COJVIMISSION OF THE CITY OF TAMARAC,
FLORIDA THIS DAY OF 2010.
ATTEST:
MARION SWENSON, CIVIC
CITY CLERK
I HEREBY CERTIFY that I
Have approved this
RESO UTION as to form.
,ter--` �✓�� �/lC�
Cl*ATT RNEY
CITY OF TAMARAC, FLORIDA
BETH TALABISCO, AYOR
B. TALABISCO °-
P. BUSHNELL-'`
P. ATKINS-GRAD
D. GLASSER
H. DRESSLER
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