By Marvin G. Cortner
Editor

Osceola County soon could follow in the footsteps of other Florida municipalities by imposing a moratorium on the licensing of new pain management clinics, commonly called pill mills, where medical staff arbitrarily writes prescriptions.

An Osceola County Sheriff’s Office report on pill mills, which operate under the guise of being legitimate medical clinics, was presented to the County Commission March 21. Nearby municipal governments that already have passed ordinances or imposed moratoriums include Orange and Polk counties and the cities of Orlando and St. Cloud.

Sheriff Bob Hansell in the report made several recommendations: impose a moratorium on new licenses, improve county zoning laws relating to this kind of business, limit the hours of operation; educate patients; and begin a coordinated effort between law enforcement, pharmacies and physicians using drug databases.

One statistic cited by Hansell illustrates that the pill mill problem is statewide: Florida medical practitioners purchased more oxycodone pills in the first six months of 2010 than practitioners in all other states combined. Hansell also stated that Florida is one of 12 states without an operating prescription drug-monitoring program and that the state is a supplier of illegally diverted controlled medications for the nation.

Locally, Hansell said the Orange-Osceola County Medical Examiners Office reported that there were approximately 10 deaths in Osceola County in 2010 that involved the misuse of prescription drugs. Also, among Osceola County high school students in 2010, 10.3 percent reported having misused a prescription pain reliever in their lifetime, and 3.8 percent had done so in the past 30 days.

Area/local efforts

St. Cloud’s moratorium, adopted March 24, will be in effect for 270 days and applies to any pain management clinic trying to set up in the city. The moratorium is intended to give officials time to establish specific regulations relating to cash only sales, hours of operation and zoning.

For its part, the Orange County Commission last year enacted an ordinance establishing a moratorium on new pain clinics and prohibiting cash only transactions. The ordinance also regulates hours of operation to between 7 a.m. and 9 p.m. Polk County enacted its ordinance last year as well. The city of Orlando has a similar moratorium and ordinance but it also covers the expansion or relocation of pain management clinics.

The city of Kissimmee has not discussed the issue so far, Mayor Jim Swan said Tuesday, adding that passing an ordinance usually involves a cost in terms of spending for enforcement and monitoring.

Statewide effort

Gov. Rick Scott on Monday announced a comprehensive statewide response to criminal drug trafficking that involves a drug strike force to assist local law enforcement. One of the areas of enforcement will involve prescriptions.

With support from Attorney General Pam Bondi and Florida Department of Law Enforcement Commissioner Gerald Bailey, the comprehensive plan, according to a press release from the governor’s office, will confront criminal drug trafficking in Florida, including, but not limited to, the criminal distribution of prescription drugs.

The strike force will assist local law enforcement by providing intelligence and analytical and investigative support. Bailey will serve as the statewide coordinator of the strike force, and local strike teams will be co-led by Florida’s sheriffs and police chiefs.

Scott directed that $800,000 in unused grant funds be made immediately available for local law enforcement investigative efforts. The funds will go to the local strike teams to support overtime and other expenses. In addition, he directed other agencies under his purview to support the strike force.

The Florida Department of Health and the Agency for Health Care Administration will provide regulatory and licensing personnel, and the Department of Business and Professional Regulation Division of Alcoholic Beverages and Tobacco will provide sworn investigators.

The governor also announced the Florida Cabinet’s authorization of the Florida Highway Patrol’s participation, and Chief Financial Officer Jeff Atwater authorized investigators from the Division of Insurance Fraud to support the strike force.

Scott, in the press release, stated the plan addresses the multiple threats to public health and safety, including pharmaceutical manufacturers, wholesalers, unscrupulous doctors, storefront pill mills masquerading as legitimate health clinics and street corner dealers. Each level provides an opportunity for law enforcement to intervene and stop the illegal flow of drugs into Florida communities.

“The numbers plainly show that Florida has a serious problem that demands a serious, coordinated law enforcement response,” Scott stated. “Florida’s future is threatened by crimes involving drugs, and our local sheriffs and chiefs simply cannot continue to tackle this mounting issue alone.”

According to the governor’s press release, 98 of the top 100 doctors dispensing oxycodone nationally are in Florida – concentrated in the Miami, Tampa and Orlando regions. In addition, he stated 126 million oxycodone pills are dispensed through Florida pharmacies – most in or near Tampa, Orlando and Miami regions.

Recent arrests

There have been a number of arrests in the area over the last six months resulting from illegal prescriptions. From Jan. 1 to March 1 alone, law-enforcement in Orange, Lake, Seminole and Osceola counties reportedly seized about 28,000 prescription pills — largely the painkillers oxycodone and hydrocodone, and the sedative alprazolam.

In October, Dr. Jose Menendez was arrested in Osceola County after an undercover drug investigation in Sarasota County uncovered massive amounts of oxycodone in the possession of drug dealers – much of the oxycodone contained in bottles prescribed by Menendez.

Also in October but in Orange County, Dr. Mladen Antolic was arrested at his home in Hunter’s Creek and charged with trafficking oxycodone. While serving a search warrant, drug agents also found 34 grams of cocaine, more than 1,500 oxycodone pills and 250 Xanax bars.