Pubdate: Wed, 09 Jun 2004
Source: Shelby County Reporter ( AL)
Copyright: 2004 Shelby County Reporter
Contact:  http://www.shelbycountyreporter.com/
Details: http://www.mapinc.org/media/2949
Author: Patrick Crotty, Reporter Staff Writer
Bookmark: http://www.mapinc.org/find?136 (Methadone)

METHADONE CLINIC BLOCKED FOR NOW

Second Hearing Expected In Montgomery, DA Says

Attorney Robby Owens said Monday he expects the case for the county's first 
methadone clinic to go to a state board in Montgomery before methadone 
treatment begins in Saginaw.

On Friday, Shelby County Circuit Judge Dan Reeves issued a preliminary 
injunction against Shelby Treatment Center.

Reeves upheld a temporary restraining order he had issued last month 
against the drug treatment center.

Much of Friday's hearing centered on whether the public notice given for 
the proposed methadone clinic was sufficient.

News of the proposed methadone clinic first spread to most county residents 
through local media on Nov. 25. The time period for registering to oppose 
the clinic during the certificate of need hearing in Montgomery ended Feb. 5.

During Friday's hearing, Reeves asked an attorney representing applicants 
of the methadone clinic why certain local legislators were never informed 
of the clinic's opening. At least one legislator, Mary Sue McClurkin, was 
informed in October, along with media outlets.

In January, Susan Staats-Sidwell and Dr. Glenn Archibald were issued a 
certificate of need from the state Health and Planning Development Agency 
to open Shelby Treatment Center. The certificate permitted the applicants 
to administer methadone, a prescription drug used to combat addiction to 
pain killers and heroin. Originally, the clinic applicants intended to open 
the center in Calera. After failing to secure a lease, they found a 
location in unincorporated Saginaw on U.S. Highway 31.

Clinic attorney David Belser said during Friday's hearing that his clients 
had not violated procedures for opening the clinic. Belser has said 
securing the certificate of need is the only legal obstacle for opening a 
clinic.

"Our job was over with when they got the certificate of need," Belser said.

When clinic officials found out they could not secure a location in Calera, 
Belser said, they filed a project modification on May 24 with the state agency.

According to Owens, a new location in Saginaw was chosen eight weeks after 
the Feb. 5 date when the opportunity to appeal the clinic expired. Owens 
also contended that the Saginaw facility was bought before the applicants 
filed the project modification.

"It was a trick," Owens said of the late location change.

Owens, along with Mickey Johnson, a Pelham attorney representing clinic 
opponents in Saginaw, said the community was not notified sufficiently of 
the forthcoming clinic.

Every seat in Reeves' courtroom was filled Friday, mostly by opponents of 
the clinic.

"These people didn't get notice," Johnson said. "They have a right to get 
notice. We're attempting to exercise the right to be heard."

Belser said he originally filed and published notification of the clinic's 
opening in October, but it indicated the clinic would be in Calera. No 
additional notification was required for the change of location, since a 
certificate of need applies to the entire county, Belser said.

Alva Lambert, director of the state agency, granted the project 
modification on May 24.

"I'm asking the court to dismiss this petition on those grounds," Belser said.

Both parties seemed pleased with certain results of Friday's hearing. 
Belser said he felt the Shelby County circuit court had no jurisdiction to 
hear the case.

"My position is we need to be in Montgomery County instead of Shelby 
County," Belser said.
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MAP posted-by: Terry Liittschwager