2011-02 Code Amendment - Pain Management ClinicsORDINANCE N0.2011-02
• AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA AMENDING APPENDIX C (CHAPTER 45),
"ZONING," OF THE VILLAGE CODE OF ORDINANCES TO IMPOSE
ADDITIONAL RESTRICTIONS RELATING TO THE DISTRIBUTION AND
SALE OF CONTROLLED SUBSTANCES; AMENDING SECTION 45-2,
"DEFINITIONS," OF ARTICLE I, "IN GENERAL," TO ADD A DEFINITION
FOR MEDICAL OR DENTAL OFFICE OR CLINIC AND REVISE THE
DEFINITIONS OF PHARMACY AND DRUG STORE; AMENDING
SECTION 45-35.3, "NORTHLAKE BOULEVARD OVERLAY ZONING
DISTRICT," OF ARTICLE III, "DISTRICT REGULATIONS," TO REVISE
THE DEFINITION FOR MEDICAL OR DENTAL OFFICE OR CLINIC;
AMENDING SECTION 45-36, "GENERAL PROVISIONS," OF ARTICLE III,
"DISTRICT REGULATIONS," TO RESTRICT ON-SITE DISPENSING OF
CONTROLLED SUBSTANCES FOR MEDICAL OR DENTAL OFFICES OR
CLINICS AND TO IMPOSE LIMITATIONS ON THE NUMBER OF
PRESCRIPTIONS FOR CONTROLLED SUBSTANCES FOR PHARMACIES
AND DRUG STORES; PROVIDING FOR CODIFICATION; PROVIDING
FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, through various law enforcement and news media reports, the Village
Council has been made aware of a pattern of illegal drug use and distribution associated with the
recent proliferation of pain management clinics that often dispense narcotics on site; and
WHEREAS, the threat of increased crime associated with such clinics is significant and
could undermine the economic health ofthe Village's development and redevelopment efforts; and
WHEREAS, the illegal sale, use and delivery of narcotic drugs is a threat to the health,
safety and welfare of the residents and citizens of the Village of North Palm Beach; and
WHEREAS, the Village Council determines that there is a need to adopt regulations that
identify where narcotic drugs may be dispensed in order to deter criminal activity and promote
public health and safety; and
WHEREAS, through the adoption of Ordinance No. 2010-04 on February 11, 2010, the
Village Council adopted aone-year moratorium upon the acceptance of zoning applications and
the issuance of zoning approvals or confirmations for pain management clinics to allow
sufficient time to develop regulations applicable to such establishments; and
WHEREAS, like other municipalities throughout Palm Beach County, the Village wishes
to amend the provisions of its Zoning Code to restrict the dispensing of narcotic drugs on site at
medical or dental offices or clinics within the Village and regulate the sale of narcotic drugs by
pharmacies in order to prevent the operators of pain management clinics from circumventing the
restriction of on-site dispensing of narcotic drugs and the registration requirements imposed by
• Florida Statute; and
WHEREAS, the Village Council determines that the adoption of this Ordinance is the
best interests of the public health, safety and welfare of the residents and citizens of the Village
of North Palm Beach.
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NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
• Section 1. The foregoing `whereas" clauses are hereby ratified as true and are incorporated herein.
Section 2. The Village Council hereby amends Article I, "In General," of Appendix C
(Chapter 45), "Zoning," ofthe Village Code of Ordinances by amending Section 45-2, "Definitions,"
to read as follows (additional language underlined and deleted language striEl~~~):
Sec. 45-2. Definitions.
For the purposes of this chapter, certain words and terms are defined as follows:
Drug store is ., ~+,,,.o o ,.oa ,.. +~o ~„~o ,.~....o~,...;,.*;,,~ a...,,.~ .,.,a „~~.o,.
an establishment that combines a
pharmacy with the sale of products typically associated with a convenience store,
and provides services such as photo processing or basic health assessments (such
as vaccinations or minor examinationsZ These uses are subject to additional
regulations regarding the dispensing of controlled substances set forth in section
45-36.T of this cha >l ter
***
Medical or dental once or clinic means a facility providing health care
services to the public by physicians, dentists, chiropractors, osteopaths, physical
therapists, nurses, acupuncturists, podiatrists, optometrists, psychiatrists or others
who are duly licensed to practice their respective medical or dental profession in
the State of Florida, as well as those technicians and assistants who are acting
under the supervision and control of a licensed health care practitioner. These
uses shall not include establishments where patients are lodged overnight and are
subject to additional regulations reg_ardin tg he dispensing of controlled substances
set forth in section 45-36.5 of this chapter.
* ~
Pharmacy is an establishment primarily engaged in the retail sale of a
variety of t~prat~en-a-f prescription and non-prescription drugs and t-he-sale
e€-dugs medicines, prosthetic supplies, surgical instruments and supplies, and
sale and/or rental of aids for invalids. These uses are subject to additional
regulations regarding the dispensing of controlled substances set forth in section
45-36.T of this chapter
Section 3. The Village Council hereby amends Article III, "District Regulations," of
Appendix C (Chapter 45), "Zoning," of the Village Code of Ordinances by amending Section 45-35.3,
"Definitions," to read as follows (additional language underlined and deleted language
Sec. 45-35.3. Northlake Boulevard Overlay Zoning District (NBOZ)
• ***
Article 4 Zoning Regulations
Sec. 4-3 Use definitions and supplem..++..en~~yytal regulations.
~P T T
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19. Medical or dental office or clinic means
pixci°cncs~v~iEa~Se~~E2~e~i6~,-an~tfesti~ieii4ssvyziceii~e~S~`3r~nicr
{41111E, Vl 11VC11111 1V , ,
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~-- *~° ~*~*° cf F.:,.:u~ a facility providing health care services to the public by
physicians, dentists, chiropractors, osteopaths, physical therapists, nurses
acupuncturists, podiatrists, optometrists, psychiatrists or others who are duly
licensed to practice their respective medical or dental profession in the State of
Florida, as well as those technicians and assistants who are acting under the
supervision and control of a licensed health care practitioner. These uses shall not
include establishments where patients are lodged overnight and are subject to
additional regulations regarding the dispensing of controlled substances set forth
in section 45-36.5 of this chapter.
Section 4. The Village Council hereby amends Article III, "District Regulations," of
Appendix C (Chapter 45), "Zoning," of the Village Code of Ordinances by amending Section 45-36,
"General Provisions," to read as follows (additional language underlined and deleted language
striel~~gl}):
Sec. 45-36. General provisions.
The provisions of this article shall be subject to the following provisions
and exceptions:
***
S. Additional regulations applicable to medical or dental offices or clinics.
Purpose. These regulations are enacted to discourage the misuse
and abuse of narcotics and other controlled substances such as .pain
medications, and to address the impacts upon land uses that are
associated with businesses that operate principally to dispense pain
medications for chronic pain but without the services of typical
medical offices that provide thorough on-site examinations,
medical treatments or procedures and continued medical oversight.
Such businesses have been determined to be associated with the
excessive use o£ addiction to, and subsequent illegal sales and
distribution of controlled substances.
Applicability. This section applies to all medical or dental offices
or clinics within the village.
~3,~ On site dispensing of controlled substances. On-site dis ep nsing_of
controlled substances that are identified in Schedules II, III or IV in
Sections 893.03, 893.035 or 893.0356, Florida Statutes, is strictly
prohibited, unless otherwise expressly permitted by statutory or
law. However, the following are exempt from this prohibition:
a. A health care practitioner when administering a controlled
• substance directly to a patient if the amount of the controlled
substance is only intended to treat the patient during that
particular treatment session.
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b. A pharmacist or health care practitioner when administering a
controlled substance to a patient or resident receivins care as a
• patient at a hospital, nursing home, ambulatory surgical center,
hOSpice, or intermediate care facility for the developmentally
disabled that ~s licensed by the State of Florida.
c. A health care practitioner when administering a controlled
substance in the emergency room of a licensed hospital.
d. A health care practitioner when administerin or dispensing
a controlled substance to a person under the age of 16.
e. A health care practitioner when dispensing aone-time,
seventy-two (72) hour emergency re~sup~ly of a controlled
substance to a patient.
Acknowledgment of regulations. The health care practitioner
responsible for the operation or supervision of any medical or
dental office or clinic shall execute an affidavit acknowledging the
regulations set forth in subsection (3) above prior to payment of
the reauired business tax, and annually thereafter upon renewal of
same prior the issuance of a business tax receipt. Failure or refusal
to execute the required affidavit shall constitute prima facie
evidence that the subject medical or dental office or clinic is
operating in violation of the code of ordinances, which may result
in code enforcement action, revocation of business tax receipt,
and/or any other action permitted by law.
Applicability to existing uses. The prohibition set forth in
subsection (3) above shall not apply to existing~ain mana eg ment
clinics, as defined by Chapters 458 and 459, Florida Statutes, operating
as of February 11, 2010, provided that such establishments comply
with all other applicable laws, rules and regulations, including statutory
registration requirements.
T. Additional regulations applicable to pharmacies and drug stores.
Purpose. These regulations are enacted to discourage the misuse
and abuse of narcotics and other controlled substances such as pain
medications, and to address the impacts upon land uses that are
associated with pharmacies affiliated with medical or dental offices
or clinics that operate principally to dispense pain medications.
Such businesses have been determined to be associated with the
excessive use o£ addiction to, and subsequent illegal sales and
distribution of controlled substances.
• ~ Applicability. This section applies to all pharmacies within the
village, including those located within dru stg ores.
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•
(~ Limitation. No more than fifteen percent (15%) of the total
number of prescriRtions sold within a thirty (30~y period can be
derived from the sale of Schedule II controlled substances as listed
in Section 893.03, Florida Statutes. All pharmacies, including
those located within drug stores, shall be staffed by a state licensed
pharmacist who shall be present during all hours the pharmacy is
open for business. This restriction shall not apply to a pharmacy
berating as an accessory use to a facility licensed under Chapter 395,
Florida Statutes (e.g. hospital).
(~ Acknowledgment o~egulations. The owner or operator of a
nharmacv or drue store shall execute an affidavit acknowled~in~
the regulations set forth in subsection ~3) above prior to payment
of the required business tax, and annually thereafter upon renewal
of same Rrior the issuance of a business tax receipt. Failure or
refusal to execute the required affidavit shall constitute prima facie
evidence that the subject pharmacy or drug store is operating in
violation of the code of ordinances, which may result in code
enforcement action, revocation of business tax receipt, and/or any
other action permitted by law.
~~
~~
Section 6. The provisions of this Ordinance shall become and be made a part of the Code of
the Village ofNorth Palm Beach, Florida.
Section 7. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for
any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void,
such holding shall not affect the remainder of this Ordinance.
Section 8. All ordinances or parts of ordinances and resolutions or parts of resolutions in
conflict herewith are hereby repealed to the extent of such conflict.
Section 9. This Ordinance shall take effect immediately upon adoption.
PLACED ON FIRST READING THIS 27th DAY OF JANUARY, 2011.
PLACED ON SECOND, FINAL READING AND PASSED THIS 10th DAY OF FEBRUARY, 2011.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
--z,- -
VILLAGE ATTORNEY
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