cannabisnews.com: Medical Board Files Accusation Against Pot Doc Medical Board Files Accusation Against Pot Doc Posted by CN Staff on July 07, 2004 at 11:55:45 PT By Marian Schwenn, Staff Writer Source: Mountain Democrat A formal accusation has been filed with the State Attorney General's office against Dr. Marion "Molly" Fry by the Medical Board of California, which could ultimately result in the revocation of her physician's certificate.In five separate instances listed within the complaint, Fry recommended the use of medical marijuana to her patients, yet no physical exam was performed or documented, according to the Board's report - a direct violation of the Business and Professional Code of Conduct for physicians practicing medicine in California. "They (the Board) don't feel like I examined them (the patients) thoroughly. I examined them in my own way - I don't see what the big deal is," Fry told the Mountain Democrat.Fry said that the board requires that certified physicians perform a "good faith exam" and that she accomplished this with all of her patients."I can do an exam without the person ever knowing they are being examined...I can walk up to you at a party and tell by looking in your eyes if you are suffering from migraines," said Fry.When asked if the patients listed in the accusation had been examined, Fry said, "Of course...I touched them with a handshake. I observed them walking."A trained doctor, she said, can see right away that someone is suffering, without ever performing an examination.The Medical Board of California disagrees.The board's guidelines for the mandatory physical examination of patients include a proper assessment of the pain, physical and psychological function; a substance abuse history; history of prior pain treatment; an assessment of underlying or coexisting diseases or conditions; documentation of the presence of recognized medical indication for the use of a controlled substance.The board alleges that Fry failed to properly examine the five patients before diagnosing them and recommending marijuana use for their ailments.In addition, the accusation points out that Fry neglected to keep accurate and complete medical records.The accusation report, filed May 17, specifically charges Fry with violating the provisions under the Code of Conduct, gross negligence, repeated negligent acts and/or incompetence, and failing to maintain adequate medical records in the cases of those patients.Results of a formal investigation by the board were forwarded to the state Attorney General's office for review. The Attorney General's office determined that the allegations were worthy of potential formal disciplinary action.Fry's Physician's and Surgeon's Certificate could be revoked or suspended if the allegations are proven valid, following a hearing, which has been scheduled for Aug. 16.The patients, whose identities remain confidential, were seen by Fry and/or her physician's assistant in 1999 and 2000, according to the complaint document, which describes the following:Patient No. 1 was seen by Dr. Fry in June of 2000. The patient reported a family history of alcohol abuse. He said he also suffered from high blood pressure, neck pain, headaches and had trouble sleeping. In addition, he had prior records indicating acute cervical strain and said he was taking various medications, including an inhalant for asthma.Dr. Fry's undated chart entry shows that the patient said he needed marijuana to treat his asthma, migraine headaches, muscle spasms, insomnia, depression and rage. He told Fry that marijuana helped control his anger and anxiety, elevated his mood and "gave him insight."Dr. Fry diagnosed the patient with cervical disc disease, migraine headaches, and cervical muscle spasms, although no physical examination was performed, according to the accusation.Dr. Fry approved the unlimited use of marijuana to the patient.Patient No. 2 two visited Dr. Fry's office in March of 2000 and filled out a patient questionnaire. On it he listed difficulty with "diabetes, brain, nerves, eyes, ears, sleep, weight loss/gain and back pain." In addition, the patient complained of carpal-tunnel-related problems and an ulcer.In an undated chart entry, Fry diagnosed the man with chronic back pain, muscle spasms, and an ulcer.Although no physical exam for the patient was recorded, , according to the accusation, Dr. Fry issued a recommendation to the patient for the unlimited use of marijuana.During a visit one year later by the same patient, Dr. Fry noted that he had experienced "vast psycho/social improvement."Medical records received in the interim by Fry's office regarding the patient's medical history reflected no information regarding previous complaints of headaches, chronic neck pain, back pain, carpal tunnel, or diabetes.Nonetheless, Dr. Fry signed a second Physician's Statement approving the patient's unlimited use of marijuana for an additional year.Patient No. 3 saw Dr. Fry in December of 1999 and noted in a questionnaire that he suffered from insomnia and headaches.Dr. Fry's notes describe the patient as suffering from knee pain and back pain. Fry also noted that the patient's work as a manual laborer aggravated the pain, causing insomnia, which led to decreased appetite and caused the man to suffer from headaches.Fry noted that marijuana stopped the cycle.Although no physical examination was recorded, according to the accusation, Fry diagnosed the patient with polysite (knee) arthritis, back pain, persistent insomnia and muscle spasms. She approved and recommended unlimited use of marijuana.The last two patients listed in the accusation are documented as having visited Fry's office in January of 2000.Neither were given physical examinations by Fry or anyone else at the office, according to the report.One of the patients was diagnosed by Fry as having lumbosacral syndrome, muscle spasms, and depression. The other, as suffering from fibromyalgia, "multi-site traumatic arthritis" and anxiety.Both patients were approved for unlimited marijuana use by Fry, according to the accusation.Fry told the Democrat that she is being unfairly targeted with regard to these five patients because of her "philosophy" regarding medical marijuana issues."It's just more of the same persecution," said Fry, adamantly."I mean, how much of a doctor do you need to be to say, 'Gosh, if you feel better when you use it (marijuana), you should use it'?"Source: Mountain Democrat (Placerville, CA)Author: Marian Schwenn, Staff WriterPublished: July 7, 2004Copyright: 2004 Mountain DemocratContact: plakey mtdemocrat.netWebsite: http://www.mtdemocrat.com/Related Articles & Web Site:Medicinal Cannabis Research Linkshttp://freedomtoexhale.com/research.htmDoctor Gets Restraining Order vs. Ashcrofthttp://cannabisnews.com/news/thread19117.shtmlReefer Madness - News & Review http://cannabisnews.com/news/thread11457.shtmlDEA Seize Files on Medical Marijuana Patients http://cannabisnews.com/news/thread11023.shtml Home Comment Email Register Recent Comments Help Comment #1 posted by FoM on July 07, 2004 at 12:19:58 PT O'Reilly Factor: Guests and Topics: July 7, 2004 Also, big news on the medical marijuana front... First, an Oregon ballot measure expected to qualify this week would make it legal for medical marijuana users to possess one pound of pot, create state dispensaries and allow nurse practitioners and naturopaths to prescribe it.If passed, a patient could possess six pounds of marijuana legally — spread out, it would be enough to fill two grocery carts. The medical marijuana law on the books in Oregon currently limits legal possession to three ounces.Second, Congress may also get involved and lighten up on marijuana users...Is all this just a back door move to make marijuana use legal? We'll hear from both sides.http://www.foxnews.com/story/0,2933,96207,00.html [ Post Comment ] Post Comment