METHADONE CLINIC REJECTED

A Nashville-based company was stripped of permission Tuesday to locate a
methadone clinic in Johnson City.

"I think this is a tremendous victory," City Commissioner Steve Darden said
of the ruling by state Administrative Law Judge James A. Hornsby against
the Johnson City Addiction Research and Treatment Center LLC.

Since announcing plans last year to open a methadone clinic at 200 W.
Fairview Ave., the center - which now operates a clinic in Nashville - has
faced stiff local opposition from community leaders while gaining some
support from those who use such clinics in other locations.

The clinics treat people addicted to heroin and other opiates by using the
alternative substance methadone. In June, the center was granted a
certificate of need by the state Health Facilities Commission to locate in
Johnson City.

Darden, representing the city, and officials from the local Chamber of
Commerce, Frontier Health, the Johnson City Development Authority, Asbury
Center and numerous other groups came together and hired Nashville attorney
Gayle Malone late last year to fight the CON. The attorney argued the
granting of the certificate was not legal.

After hearing arguments in January, Hornsby said Tuesday he agreed with the
opposition and revoked the CON.

"The basis of his ruling was that there was no quorum at the meeting when
the certificate of need was granted," Darden said.

State law requires all members be present and participate in the voting on
a CON, but one member abstained from voting.

The clinic can appeal the ruling or go through the process of applying for
another CON. The process of doing so has changed since last year, as the
state Health Facilities Commission no longer exists in the same form.

Darden said he hopes the organization seeking to locate in Johnson City
decides not to press the issue any further.

"My preference would be that the clinic get the very simple message here:
that (we have) no desire for a methadone clinic to set up shop in Johnson
City," Darden said.

If the clinic did reapply and were to be granted another CON, it would no
longer be able to locate at the planned location or anywhere in the city's
downtown.

"Any certificate of need filed today would be under our prevailing
ordinances," Darden said.

Shortly after the clinic applied for the CON, city leaders designated - as
is required by law - certain areas of the city where such a clinic could be
located if granted permission by the state to locate in the city.

"Downtown Johnson City is not among them," Darden said.