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.