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December 7, 2012

Jeffersonville sends letter telling pain management clinic to shut doors

City says fines on the way after 15 days of noncompliance

(Continued)

JEFFERSONVILLE — CHANGE IN STATUS

In the wake of the pain management moving into the Franklin Commons neighborhood, the city put a moratorium on allowing any new clinics to locate in Jeffersonville while they drafted a law that would limit where a pain management clinic could locate. Merkley previously said that Clark County Wellness was not subject to the new restrictions and was allowed to operate in its current location under a grandfather clause. He added that as long as the clinic stays open continuously, the new restrictions passed will have no affect on the business. However, if the business halts operations or closes its doors the restrictions would apply, he said.

But with the suspension of Marlow’s license, Merkley said that status has changed.

“Once she became suspended they became an illegal nonconforming use ... it doesn’t matter whether they hire another doctor or not,” he said.

The city’s position was also laid out in a notice sent to the clinic from Planning and Zoning Director Shane Corbin.

“The Jeffersonville zoning ordinance permits legal nonconforming uses to continue operating unimpeded provided that they remain otherwise lawful,” according to the letter. “Any unlawful activity on the property of a legal nonconforming use removes the property’s grandfather status. The city of Jeffersonville considers this an unlawful action and the continued use of the property located [at] 526 E. Maple St. as a pain management clinic is now in violation of the Jeffersonville zoning ordinance.”  

The next Indiana Medical Licensing Board hearing pertaining to Marlow’s medical license is set for Jan. 24. During that time, the office will work on drafting a formal licensing complaint. Once a complaint is filed, the board has the authority to determine what, if any, disciplinary action will be taken.

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