Pubdate: Thu, 15 May 2003
Source: Kingsport Times-News (TN)
Copyright: 2003 Kingsport Publishing Corporation
Contact:  http://www.timesnews.net/index.cgi
Details: http://www.mapinc.org/media/1437
Author: Matthew Lane

METHADONE CLINIC TO APPEAL JUDGE'S DECISION

JOHNSON CITY- The attorney for a proposed Johnson City methadone clinic 
said Wednesday he will appeal an administrative law judge's decision to 
vacate the clinic's certificate of need to open a facility within the city.

Last week in Nashville, Judge James Hornsby ruled that the Tennessee Health 
Facilities Commission - now known as the Tennessee Health Services and 
Development Agency - did not have a quorum in June 2002 when it voted to 
grant a certificate of need to the Johnson City Addiction Research and 
Treatment Center.

Janet Jones, a commissioner on the THFC, recused herself from the vote due 
to her husband having a conflict of interest.

Because Jones recused herself, the commission lost its quorum of members to 
act, Hornsby wrote in his order.

Hornsby ruled that the clinic and the agency had until May 20 to file a 
notice of appeal.

Jerry Taylor, attorney for the methadone clinic, said Wednesday that his 
client would be filing an appeal.

"We will be appealing the matter to the Davidson County Chancery Court," 
Taylor said. "We feel like it's a more appropriate forum to have it in."

Taylor said they would be waiting until after the May 20 deadline, when 
Hornsby's ruling becomes law, before filing an appeal.

"You can either ask for reconsideration by the judge or seek a review by 
the full THSDA. If you don't do either one of those, it becomes a final 
order and then you can appeal to chancery court," said Taylor. "It's 
essentially a legal issue with a lot of equitable considerations involved, 
and we just felt that chancery court would be the best route."

Vice Mayor Steve Darden said last week Johnson City would fight an appeal 
with the same vigor used to have the certificate of need declared void.

Once the May 20 deadline passes, Taylor said they then have 60 days to file 
the appeal.

Another option for the methadone clinic would be to resubmit the 
certificate of need.

"That is an option, but the site and zoning would be an issue since the 
city rezoned the property," Taylor said. "If we were to re-file, there 
would be some issues involving that.

"Our position is we have a valid CON, and at this point we don't see why we 
should reopen that issue."

Technically, Johnson City did not rezone the property where the proposed 
methadone clinic is to be located - 200 W. Fairview Ave.

Jim Donnelly, a planner for Johnson City, said the City Commission in 
October voted to restrict methadone clinics to MS-1 (medical services) 
districts allowable as special exceptions requiring the Board of Zoning 
Appeals' approval.

The Fairview Avenue site is zoned B-2 (general business), which allows such 
structures as offices, hotels, motels, banks and churches, but not 
methadone clinics.

Taylor said it is not unusual for communities to offer stiff resistance 
against methadone clinics opening in their area.

Opponents to methadone clinics claim other drugs exist, such as 
Buprenorphine, which do a better job in eliminating heroin addiction.

"I would say my client disagrees with that, and there's a lot of data and 
studies that would refute (those claims)," Taylor said. "I think there's a 
need in Johnson City, and I think we showed that need in front of the 
commission when it granted the CON."

Taylor said once the appeal is filed, he anticipates the matter will be 
resolved in the next six to 12 months.

The owner of the proposed Johnson City clinic also has methadone clinics in 
Nashville and Memphis and has a certificate of need for a new clinic in 
Knoxville.

The proposed clinic in Johnson City would offer methadone treatment for a 
projected 250 people in its first two years of operation.

Methadone is a legal, synthetic opioid that is used as a substitute for 
heroin and other addictive painkillers. Regular oral consumption of the 
drug blocks heroin withdrawal symptoms, one of the biggest hurdles for 
addicts to overcome when they try to quit the drug.
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