Pubdate: Tue, 22 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
Bookmark: http://www.mapinc.org/find?136 (Methadone)

METHADONE BATTLE MAY MOVE TO MONTGOMERY

A Shelby County judge has halted the opening of the county's first methadone
clinic, but attorneys for the clinic want their case heard in Montgomery.

Last week, Circuit Judge Dan Reeves ruled that applicants for the Shelby
Treatment Center must obtain a new Certificate of Need from the Alabama
State Health and Planning Development Agency.

The certificate must specify the clinic's proposed location of Saginaw. The
original Certificate of Need applied to the entire county.

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, however, a location was found in
unincorporated Saginaw on U.S. Highway 31.

When clinic applicants found out they could not secure a location in Calera,
they filed a project modification on May 24 with the state agency, which was
approved.

According to District Attorney Robby 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, calling the location
change a trick.

This month, Reeves upheld a restraining order against Shelby Treatment
Center which was to be located in a converted warehouse on U.S. Highway 31
in Saginaw.

Construction may continue at the site, but treatment cannot begin under
Reeves' orders.

Reeves granted the preliminary injunction at the request of Owens, who
represented a group of Saginaw residents who claim they were defrauded by
the clinic applicants.

Saginaw residents claim they were not given adequate notification or time to
respond when the state health agency approved the clinic's move to Saginaw.

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.

David Belser, attorney for the clinic applicants, said the State Health and
Planning Development Agency should also defend the case, since they granted
the Certificate of Need.

Belser claims that his clients met all of the state health agency's
requirements in obtaining the Certificate of Need.

According to Belser, Reeves has no authority to hear a case that centers on
the regulations of a state agency. Belser wants the case moved to Montgomery
County Circuit Court, with the state health agency as co-defendants. 
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