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Cooper to hear pain clinic case
by Frank Lewis
Apr 27, 2011 | 1676 views | 2 2 comments | 16 16 recommendations | email to a friend | print
Judge Charles Cooper of Lawrence County Common Pleas Court will hear the case today against the City of Portsmouth, filed by Columbus attorney Steven Hillman on behalf of two Portsmouth pain clinics, in the Scioto County Common Pleas Courtroom of Judge Howard H. Harcha III.

In March, Portsmouth City Council passed an ordinance allowing the City Health Department to regulate pain clinics, and as a result those facilities now must, among other things, be affiliated with a hospital.

Hillman, representing Southern Ohio Complete Pain Management LLC and Portsmouth Medical Solutions LLC, has filed a complaint for declaratory judgment and request for injunctive relief.

“All I want to do is litigate whether or not the city can do this,” Hillman said. “All I want to do is see to it that legitimate patients get help.”

Hillman said he believes the job of regulating pain clinics, pharmacies and doctor’s offices belongs with the State of Ohio and not with any local municipality. He said House Bill 93, sponsored by State Rep. Dr. Terry Johnson, which is now in the Senate deals with that issue on the state level.

At Monday night’s Portsmouth City Council meeting, Portsmouth City Solicitor Mike Jones said he hopes for a large turnout for the hearing which begins at 2 p.m. today.

Lisa Roberts, RN, of the Scioto County Prescription Drug Task Force indicated a large contingency would be on hand including members of SOLACE (Surviving Our Loss and Coping Everyday), who will carry pictures of their loved ones who have died as a result of abuse of prescription medications.
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BluePigeon
|
April 27, 2011
LookDeeper, you are absolutely right. Other villages and towns should watch this closely for future reference, because if the ordinance is upheld similar legislation in other locations might prevent these types of businesses from ever opening in their towns. Unfortunately, though, I don't think the challenges will stop at this level if Judge Cooper decides the ordinance is constitutional and that the city has not overstepped. I certainly agree wholeheartedly with the spirit of the ordinance, but with the money being made off the pain clinics, I expect those who run them will fight tooth, nail & everything else to stay in business.
LookDeeper
|
April 27, 2011
We should all follow the outcome of this filing. It can set a precedent in Ohio for other municipalities.

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