Pubdate: Wed, 09 Mar 2005
Source: Richmond Times-Dispatch (VA)
Copyright: 2005 Richmond Newspapers Inc.
Contact:  http://www.timesdispatch.com/
Details: http://www.mapinc.org/media/365
Author: Michael Hardy
Bookmark: http://www.mapinc.org/find?136 (Methadone)

ACLU OFFERS AID IN DEBATE OVER CLINICS

A Recently Passed Law Freezes Openings Of Methadone Offices

The operators of proposed methadone clinics have been offered legal counsel 
by the ACLU of Virginia, which argues that a new moratorium on opening such 
facilities violates federal laws.

The General Assembly passed the moratorium, recently signed into law by the 
governor, that prevents any openings until after the state Department of 
Mental Health, Mental Retardation and Substance Abuse Services writes 
standards for licensing the facilities. The agency has 280 days to craft 
the new rules.

Kent Willis, executive director of the state chapter of the American Civil 
Liberties Union, said the law, effective immediately with the governor's 
endorsement, means no new clinics until early 2006. There are an estimated 
15 clinics operating in Virginia, four in the Richmond area, to help those 
addicted to heroin or other opiates, including strong pain killers.

The ACLU has talked to representatives of two planned clinics about 
lawsuits, Willis said.

Arguing that such legislation attempts to shut down clinics, Willis 
contended that the sponsors of the legislation and a 2004 law restricting 
their locations "are capitulating to individuals who fear clinics near them."

"There's no indication that anything but good results from the clinics' 
work," Willis said. "All the research shows that the clinics reduced 
drug-related crime in the areas in which they exist."

The new law and last year's legislation -- it outlawed the clinics within a 
half-mile of schools and day-care centers violates the Americans with 
Disabilities Act, he said.

Federal courts have consistently invalidated government policies, he said, 
that exclude or impose excessive restrictions on methadone clinics.

Instead of educating people about the clinics' value, "legislators are 
pandering to potential neighbors" of the facilities, Willis said. But chief 
sponsors of the new law -- Sen. William C. Wampler Jr., R-Bristol, and Del. 
Terry G. Kilgore, R-Scott said the rights organization misunderstood the 
intent of the legislation and their motivations.

"I don't think their argument holds water," Kilgore said, recalling that 
the ACLU unsuccessfully made the same pleas during legislative hearings. 
The bill doesn't affect clinics "now in existence, " he argued, and there 
should be reasonable regulations on their operations.

Wampler agreed.

"All the bill is designed to do is to say: Let us pause for a moment so the 
director of [the department] can promulgate regulations with regard to the 
proper amount of clinics" and the treatments they offer, he said. Similar 
state review takes place before the opening of hospitals in Virginia.

Therapeutic considerations dictated the legislation, Wampler said.

For example, an effective methadone clinic should offer both in-patient and 
out-patient counseling, he said.

"But many clinics just substitute one drug [methadone] for another. Let 
clinicians" write the regulations, he said.
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