Delray Beach takes aim at pill mills again

By David Sedore, Palm Beach Business.com

DELRAY BEACH — Delray Beach City Commissioners on Tuesday took another shot at stopping so-called pill mills from doing business in the city.

Commissioners unanimously passed first reading of an ordinance that would ban pharmacies that take in more than 10 percent of their total revenue from the sale of narcotics.  The rationale behind the ordinance: pill mills, many of which operate under the guise of pain clinics, make most if not all their income from the sale of oxycodone and other pain killers, while legitimate pharmacies by far make most of their income on the sale of other merchandise

“These pill mills are killing people every day, and it’s all about money” said Brady Myers, an officer with the Delray Beach Police Department who urged commissioners to enact the ordinance.

A year ago, commissioners took the first step by limiting the amount of narcotics that could be dispensed by a doctor’s office as an attack on pain clinics that issue drugs to patients and then fill the prescriptions on the spot. Prescription medications have surpassed as cocaine and heroin as the substances most likely to be abused, and these clinics have become a major pipeline for them to get to the street. 

But while the new ordinance prevented the clinics from dispensing drugs directly, they easily circumvented the law by setting up “pharmacies” nearby where their patients would get their drugs.

Originally the ordinance put the limit on narcotics sales at 50 percent of all revenue, but it was decided that was too high. The ordinance brought to the commissioners Tuesday cut it down to 25 percent.

Pharmacist Alan Levine told the commissioners that his business had working relationships with four hospices and narcotics still didn’t exceed 8 percent of his total revenue. That convinced commissioners to lower the limit to 10 percent.

Besides the revenue limit, all pharmacies will have to have a Florida-licensed pharmacist on staff.

 Final reading will take place on July 20.

Also from the Tuesday’s meeting:

City Manager David Harden told commissioners that they’ll likely be facing a $5 million gap as they begin work on the 2010-11 budget. The city expects to have revenue of $91.1 million, and Harden said city department heads have turned in budget requests totaling more than $100 million.  He’s whacked about $2 million out of the spending cuts and expects to cut another $2 million before commissioners sit down to begin their work next week.

“There’s no way to reduce the gap without cutting personnel  costs,”  Harden said. Those costs could mean, less pay or fewer hours for city employees, or layoffs.

Commissioners tabled a request by CVS to allow the store on N.E. Sixth Avenue to be open 24 hours a day. The proposal appeared headed for defeat when attorney Alfred Malefatto, representing CVS, asked for a two-week delay on the vote. One of the major objections to allowing the store to operate 24 hours is the burden it would place on the city's police department.

Malefatto said he would ask CVS managers if they might be amenable to having security guards in the store during night hours and alleviating some of the strain on the city police.