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HomeMy WebLinkAbout2013-11-13 14-009 ORDINANCECOUNCIL ACTION Item No. -14-009 Date: November 13, 2013 Item/Subject: ORDINANCE, Enacting a Moratorium on Expansion of Buprenorphine Treatment Facilities Responsible Department: Legal Commentary: If approved, this Ordinance would impose a moratorium on new facilities providing Suboxone or other buprenorphine treatment, and on expansion of buprenorphine treatment programs in existing facilities, for a period of 180 days. This period is intended to allow the necessary time for the City Council to review the City's current land use regulations in regard to chemical dependency treatment facilities and, if appropriate, regulate the provision of buprenorphine treatment in the City. Under state law, if necessary, a moratorium may be extended for additional 180 day periods upon a finding that the problem giving rise to the moratorium continues to exist and reasonable progress is being made to alleviate the problem. Manager's Comments: Associated Information: Budget Approval: Department Head No l ,anowamwo Finance Director Legal Approval: ZW// olicitor Introduced for Passage x First Reading x Referral to the Government Operations Committee on Tuesday, November 19, 2013 AS AMENDED 14-009 NOVEMBER 13, 2013 Assigned to Councilor Civiello CITY OF BANGOR ED. / ORDINANCE, Enacting a Moratorium on Expansion of Buprenorphine Treatment Facilities WHEREAS, buprenorphine, including Suboxone, is a drug used for treating opioid dependency; WHEREAS, buprenorphine is increasingly prescribed through chemical dependency treatment facilities as an alternative to methadone; WHEREAS, the City has an ordinance in place regulating expansion of clinics prescribing methadone, but this ordinance does not address prescription of buprenorphine; WHEREAS, buprenorphine diversion and illicit use is an ongoing public health, safety, and welfare concern, both in and of itself and in the criminal activity it tends to create; WHEREAS, clients being treated for opioid dependency may require other services as well, including public facilities such as general assistance; WHEREAS, chemical dependency treatment facilities therefore create the potential for an overburden on the City of Bangor's public facilities; WHEREAS, increased discussion and awareness of medically -assisted substance abuse treatment and how it affects the City of Bangor and the surrounding area is appropriate; and WHEREAS, a temporary limit on expansion of facilities providing buprenorphine treatment where no limit currently exists is therefore appropriate, in order to determine what regulation, if any, is necessary; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT A moratorium on the issuance of permits for facilities dispensing buprenorphine is enacted as follows: § 1. Necessity. Municipalities are authorized by 30-A M.R.S. § 4356(1) to enact moratoria: A) to prevent a shortage or an overburden of public facilities that would otherwise occur during the effective period of the moratorium or that is reasonably foreseeable as a result of any proposed or anticipated development, or B) because the application of existing comprehensive plans, land use ordinances or regulations or other applicable laws, if any, is inadequate to prevent serious public IN CITY COUNCIL November 13, 2013 First Reading and Referral to Government Operations Committee of November 19, 2013 DEP CITY ERR IN CITY COUNCIL November 25, 2013 Motion made and seconded for Passage Motion made and seconded to Amend by Subsitution Vote: 7-2 Councilors Voting Yes: Baldacci, Civiello, Durgin, Gallant, Nealley, Plourde, Sprague Councilors --Voting No: Blanchette, Graham � as ade CITY CLERIC AS AMENDED 14-009 NOVEMBER 13, 2013 harm from residential, commercial or industrial development in the affected geographic area. In accordance with 30-A M.R.S. § 4356(1), the Bangor City Council finds that a moratorium on facilities dispensing buprenorphine is necessary and warranted. § 2. Moratorium on Issuance of Certificates of Occupancy for Facilities Providing Suboxone Treatment. The Bangor Code Enforcement Office shall not approve building permits, certificates of occupancy, or other permits for new facilities or expansion of existing facilities dispensing buprenorphine under 21 U.S.C. § 823(g)(1) while this moratorium is in effect. § 3. Terns. This moratorium shall continue for 180 days from the date of passage. It may be extended for additional 180 day periods in accordance with 30-A M.R.S. § 4356(2) upon a finding by the Bangor City Council that the problem giving rise to this moratorium continues to exist and reasonable progress is being made to alleviate the problem giving rise to the need for the moratorium. § 4. Applicability. Notwithstanding the provisions of 1 M.R.S. § 302, this moratorium shall apply retroactively to all actions and proceedings pending on October 22, 2013 or thereafter. 14-009 NOVEMBER 13, 2013 Assigned to Councilor Civiello m�; e CI`T'Y OF BANGOR �R4iED.� j ORDINANCE, Enacting a Moratorium on Expansion of Buprenorphine Treatment Facilities WHEREAS, buprenorphine, including Suboxone, is a drug used for treating opioid dependency; WHEREAS, buprenorphine is increasingly prescribed through chemical dependency treatment facility as an alternative to methadone; WHEREAS, the City has an ordinance in place regulating expansion of clinics prescribing methadone, but this ordinance does not address prescription of buprenorphine; WHEREAS, buprenorphine diversion and illicit use is an ongoing public health, safety, and welfare concern, both in and of itself and in the criminal activity it tends to create; WHEREAS, many clients being treated for opioid dependency require other services as well, including public facilities such as general assistance; and WHEREAS, chemical dependency treatment facilities therefore create the potential for an overburden on the City of Bangor's public facilities; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT A moratorium on the issuance of certificates of occupancy for facilities providing buprenorphine treatment and on expansion of the number of buprenorphine clients served by existing chemical dependency treatment facilities is enacted as follows: § 1. Necessity. Municipalities are authorized by 30-A M.R.S. § 4356(1) to enact moratoria: A) to prevent a shortage or an overburden of public facilities that would otherwise occur during the effective period of the moratorium or that is reasonably foreseeable as a result of any proposed or anticipated development, or B) because the application of existing comprehensive plans, land use ordinances or regulations or other applicable laws, if any, is inadequate to prevent serious public harm from residential, commercial or industrial development in the affected geographic area. In accordance with 30-A M.R.S. § 4356(1), the Bangor City Council finds that a moratorium on facilities providing buprenorphine treatment and on expansion of the number of buprenorphine clients served by existing chemical dependency treatment facilities is necessary and warranted. IN CITY COUNCIL November 13, 2013 First Reading and Referral to Government Operations Committee of November 19, 2013 14-009 NOVEMBER 13, 2013 § 2. Moratorium on Issuance of Certificates of Occupancy for Facilities Providing Suboxone Treatment. The Bangor Code Enforcement Office shall not approve any applications for certificates of occupancy for facilities providing buprenorphine treatment while this moratorium is in effect. Furthermore, chemical dependency treatment facilities, as defined in § 165-13 of the Code of the City of Bangor, shall not expand their number of buprenorphine clients beyond the maximum number of buprenorphine clients for which they are licensed by the state or federal government as of October 22, 2013. § 3. Term. This moratorium shall continue for 180 days from the date of passage. It may be extended for additional 180 day periods in accordance with 30-A M.R.S. § 4356(2) upon a finding by the Bangor City Council that the problem giving rise to this moratorium continues to exist and reasonable progress is being made to alleviate the problem giving rise to the need for the moratorium. § 4. Applicability. Notwithstanding the provisions of 1 M.R.S. § 302, this moratorium shall apply retroactively to all actions and proceedings pending on October 22, 2013 or thereafter. 14-009 NOVEMBER 13, 2013 Memorandum To: Government Operations Committee From: Paul Nicklas, Assistant City Solicitor Date: November 19, 2013 Re: Buprenorphine Treatment Facilities Buprenorphine, used in drugs such as Suboxone, is used to treat opioid dependency. Unlike methadone, the other primary medication for treating opioid dependency, facilities providing buprenorphine treatment are not currently regulated by the City. In the past, buprenorphine was primarily prescribed by doctors, but some methadone treatment facilities have now expanded to include buprenorphine treatment as well. If approved, this Ordinance would impose a moratorium on new facilities providing Suboxone or other buprenorphine treatment, and on expansion of buprenorphine treatment programs in existing facilities, for a period of 180 days. This period is intended to allow the necessary time for the City Council to review the City's current land use regulations in regard to chemical dependency treatment facilities and, if appropriate, regulate the provision of buprenorphine treatment in the City.