Pubdate: Wed, 28 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, Times-News Bookmark: http://www.mapinc.org/find?136 (Methadone) METHADONE CLINIC SEEKS STAY OF JUDGE'S RULING VACATING CERTIFICATE OF NEED JOHNSON CITY - The legal battle over a proposed methadone clinic in Johnson City continued Tuesday, as one side filed a petition for a stay of an administrative law judge's decision to vacate the clinic's certificate of need. Earlier this month, 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 (CON) 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. Soon after Hornsby's ruling, Jerry Taylor, attorney for the methadone clinic, said his client would be filing an appeal in Davidson County Chancery Court. On Tuesday, Taylor said he filed a petition for a stay of Hornsby's ruling. "The stay will basically keep the status quo as it existed before his order, which means we would have the CON pending the appeal," Taylor said. The deadline to file a motion for a stay was Tuesday. "It's kind of a routine step if you want to keep that order from being effective while you take the appeal," Taylor said. "We felt like that under the circumstances we ought to file and request a stay." Taylor said he is asking for a stay to remain in effect until the appeal is resolved. Hornsby's ruling went into effect May 20, and Taylor said they have 60 days from that date to file an appeal. "We're going to argue that the ruling was erroneous - that it is contrary to the law," Taylor said. Hornsby said he does not know whether he'll grant Taylor's petition for a stay. Hornsby said the petitioners - which include the city of Johnson City, the Johnson City Development Authority and East Tennessee State University - have seven days to file a response to Taylor's request. 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. - --- MAP posted-by: Richard Lake