Pubdate: Tue, 14 Jun 2005
Source: Middlesboro Daily News, The (KY)
Copyright: 2005 None found
Contact:  http://www.middlesborodailynews.com/
Details: http://www.mapinc.org/media/1854
Author: Jay Compton, Editor
Bookmark: http://www.mapinc.org/find?136 (Methadone)

MAD ABOUT METHADONE

MIDDLESBORO - An overflow crowd packed the council chambers at city
hall Thursday morning to voice their concerns to representatives of
the state agency responsible for licensing Methadone clinics.

State Narcotic Authority administrator Mac Bell and Heath Dolan from
the Division of Substance Abuse took notes as numerous community
members spoke about their displeasure of having such clinic in their
town.

Bell said a three-person panel would make a decision whether to give
Rehabilitation Drug Services a license to dispense Methadone by June
24.

Since the intentions of the clinic were brought to light by Dr. Ronald
Dubin, well over 1,000 letters opposing the clinic have poured into
Bell's office. He said that he came to town to hear from the public
because of those letters.

The meeting was led by Dubin, who organized MAD (Middlesboro Against
Drugs) to oppose the clinic.

His main concerns are about the clinic being located close to area
schools and about the safety concerns of having numerous drug addicts
converging on Cumberland Avenue every day. "This is about my children,
your children and the effects it will have on future generations," he
said. "It's about the possibility of up to 600 Methadone clients
coming into town every day, and it's also about the fact that we
didn't know about it."

He said public meetings like Thursday's should have been taking place
a year ago before the clinic moved into their current location.

"Now we're stuck trying to protest the clinic in two weeks," Dubin
said. "It's not fair."

Dr. Neil Barry pointed out that the clinic is only 192 paces from St.
Julian Catholic School.

"If you tried you could not find a worse place for a clinic in our
city," he said.

Barry said he has lost two patients to Methadone overdoses - one was
taking the medication for pain, the other was on drug rehabilitation
treatment.

"I am not in support of any clinic that solely prescribes Methadone
and does nothing else," he said. And added that there were already 43
drug treatment centers within a 50 mile radius of Middlesboro.

Rev. William Boyd Bingham said he had spoken to representatives from
Congressman Hal Rogers' office. "Bob Mitchell said I could quote the
congressman as saying: 'The UNITE program has never been and will
never be for Methadone use."

Many other people spoke out about similar concerns, including
Methadone from the clinic making being re-sold on the street, and the
clinic attracting drug dealers to the area.

Most said they would support a drug treatment facility that offered
detoxification, rehabilitation and in-patient care instead of Methadone.

A. Thomas Monceret, a Knoxville attorney representing the clinic, said
that much of what people have been told about Methadone programs is
mis-statements and propaganda.

He said the clinic would only be licensed to treat up to 120
people.

Bell explained that though federal guidelines allow one doctor to
treat as many as 300 patients in a Methadone program, Kentucky law
limits each counselor 40 patients. He said Rehabilitation Drug
Services only has space for three counselors so they could only have
120 patients in the program.

"I can guarantee you that - if the program opens up - I will be on top
of it like every other program in the state," he said. "That's my job
and I take my job seriously."

One of the clinic's owners, Barbara Smith, was at the meeting though
she declined to speak publicly. After the meeting she said the clinic
would have only one primary doctor on its staff. A second doctor has
been contacted, but would only be used as a back-up during the times
the other doctor is unavailable.

Monceret also pointed out that the Methadone clinic in Corbin is
located right next to a school and that there have been no major
problems there.

In addition, he said the city has approved the clinic's business
permit and that city inspectors had approved their building earlier in
the year.

Mayor Ben Hickman said that the clerk's office had issued the business
permit, but that his office and the police department had declined to
offer letters of support to the clinic.

Police Chief Jeff Sharpe explained that any business is issued a
license to operate as long as it is in compliance with zoning laws and
codes.

"Our city zoning laws do not address Methadone or drug treatment
facilities in any way," he said.

When asked if the overwhelming show of non-support for the clinic
would prevent them from being licensed, Bell said he could not comment
on the pending application.

He said this was the first time in his 22 years working with the
Methadone program he has encountered such a vigorous response from a
community and because of those circumstances this will be the first
case decided by a panel.

"It's not in the regulations," he said. "(But) we will consider
community support - how much, I don't know."

"God forbid you put something in that the community doesn't want,"
said Rev. Tim Mills, a founding member of the Bell County Drug
Coalition. "It would be a bad decision."

While little light was shed on what the panel's decision might be.
What is becoming more clear is that whatever their decision, it is
likely to be appealed in court.

Dubin and others pointed to the statues governing Methadone clinics in
the state. They require a memorandum of agreement with a local
hospital and local law enforcement and the jailer.

Middlesboro ARH Community CEO Gene Faile was at the meeting and said
the hospital had not been contacted by the clinic.

"Our employees are unanimous that we do not support the clinic or
condone Methadone treatment in any way," he said.

Smith said she had called the hospital to try and set up a training
session, but her call was never returned.

At Tuesday night's city council meeting Pam Winger, the other owner of
Rehabilitation Drug Services, said the clinic had an agreement with a
hospital in Corbin.

Also Tuesday, Dubin said that Sheriff Bruce Bennett had withdrawn his
letter of support to the clinic. This leaves the clinic with no local
law enforcement support. Dubin also said Jailer Jimmy Hoskins does not
support the clinic.

Monceret said that if the state does not license the clinic, he would
advise his clients to file a suit under the Americans with
Disabilities Act. He said he is representing the clinic in association
with Ralph Buss, who practices law in Kentucky. Buss is on board to
handle any necessary litigation for the clinic.

Dubin said Tuesday evening that if the state does grant a license to
the clinic he would encourage the city to pursue an appeal in court.

"I'm not a lawyer, but I think there are some legal appeals we could
have," he said. "I don't think we could just do nothing. The
consequences are too severe."

The grounds for such an appeal would likely come from a belief that
the statutes regulating granting the license were not followed properly.

Bell spoke to that at one point during Thursday's meeting.

"I can assure you all that I will uphold the regulations," he
said.

A second meeting to discuss concerns about the clinic was held
Thursday night at the Central Auditorium. Area doctors and members of
the faith-based community discussed some alternative drug treatment
plans.

Monceret said he had advised his clients not to attend that
meeting.

"We need all the resources we can get to help the people who are
addicted to drugs," Smith said. "I would love to work with these other
groups and I'd love for them to work with us."

Dubin said in a telephone interview that he had the ultimate respect
for Smith and Winger and still considered them his friends.

"The community has to address the drug issue and it would be great if
(Smith and Winger) and the church groups get together and could come
up with a treatment center that doesn't use Methadone," he said.
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MAP posted-by: Larry Seguin