cannabisnews.com: New Clinic Sparks More Concerns










  New Clinic Sparks More Concerns

Posted by CN Staff on January 08, 2005 at 08:29:41 PT
By Melissa Daugherty - Staff Writer 
Source: Chico Enterprise-Record 

The Butte County district attorney isn't the only one with concerns about the practices of a Chico medical clinic that specializes in evaluating patients for the use of medical marijuana.MediCann a 3-month-old company with a chain of alternative medical clinics in the state opened its ninth clinic Wednesday on Nord Avenue. There, qualifying patients will be issued a doctor's recommendation to legally use medical marijuana.
While District Attorney Mike Ramsey had questions about the company's fees, an Oakland-based attorney is questioning the validity of the recommendations.Bill Panzer, co-author of Proposition 215 the law allowing qualified patients the use of medical marijuana said he thinks evaluations by physician's assistants may not hold up in court."Somebody whose recommendation comes from a physician's assistant is putting themselves in jeopardy," said Panzer, who estimated that more than 80 percent of his cases are marijuana-related. According to Jonathan Arbel, MediCann director of operations, the company does use assistants for evaluations and recommendations in some of its clinics."It's perfectly legal," Arbel said. "A lot of times clinics are run by physician's assistants across the country."He added that the doctors who recommend medical marijuana for patients are no different than regular doctors, and neither are their assistants.Panzer agrees, in part. That's why he counsels his clients to specifically seek evaluation from physicians the authorities who, under Proposition 215, are allowed to give the approval. Another piece of legislation, he added, Senate Bill 420, defines a physician as an individual licensed to practice medicine or osteopathy by the Medical Board of California.While nothing specifically states that assistants aren't allowed to give the recommendations, Panzer said courts tend to interpret both laws narrowly."I just don't see anyone OK'ing a physician's assistant," he said.Assistants are able to prescribe drugs under the auspices of a doctor, but a recommendation to use medical marijuana is not a prescription. Thus, the rules that apply to prescriptions don't apply, the attorney explained.It was actually Panzer's idea when writing Proposition 215 to make medical marijuana use a recommendation rather than a prescription a tactic that helps block the federal government, which has pre-emptive power in the realm of prescription law.Plus, added Panzer, "No one's going to take (a prescription for marijuana) to Longs Drugs or Rite Aid."Panzer said there is no definitive answer to the question of whether or not it's legal for assistants to make evaluations and recommendations. But even if a visit to a clinic is much cheaper than seeing a doctor, it's not worth taking the chance the approval will hold up in court."Anytime your freedom is at stake, you ought to be really careful what you do," he said.Earlier this week, MediCann responded to Ramsey's question about the company requiring clients to pay its $100 fee in cash. Arbel, its director, said the practice was to ensure its patients' privacy. He added, however, that the company now accepts credit cards.Ramsey was also critical of the company's offer to give a 50 percent discount to those who failed to qualify for a recommendation. Arbel said that policy, too, has been changed, and that those who don't qualify for a recommendation will not be charged any fee.On its opening day, the Chico clinic was staffed by company founder Dr. Jean Talleyrand, but Arbel said that in the future the clinic likely will be staffed with an assistant.Arbel added, "We are extremely confident the physician's assistants are doing a great job with patients and are giving a quality evaluation."Panzer advises those who think they might benefit from medical marijuana to seek evaluation from their regular medical provider. Physicians, he said, shouldn't be worried about being prosecuted, so long as their recommendation is legitimate.He also suggests patients look into the medical benefits of using marijuana and be prepared to share the information with a doctor who might be reluctant."Do your own research," he said. "Educate your physician."Source: Chico Enterprise-Record (CA)Author: Melissa Daugherty - Staff Writer Published: Saturday, January 08, 2005Copyright: 2005 The Media News GroupContact: letters chicoer.comWebsite: http://www.chicoer.com/Related Article & Web Site:Medicinal Cannabis Research Linkshttp://freedomtoexhale.com/research.htmMedical Pot Clinic Will Open in Chico This Weekhttp://cannabisnews.com/news/thread20087.shtmlCannabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/medical.shtml

Home    Comment    Email    Register    Recent Comments    Help





Comment #10 posted by kaptinemo on January 09, 2005 at 06:48:10 PT:
Unrelated: Loretta Nall debates an anti Sunday
Courtesy of Pete Guither at DrugWarRant (http://blogs.salon.com/0002762/) we learn that the gutsy and feisty Loretta Nall of the Alabama Marijuana Party will debate Western Carolina University Police Chief McAbee Sunday, 09 January at 8PM EST.The link to listen is here: http://www.wwcufm.com/index.php?option=content&task=view&id=26&Itemid=39The nice thing is there are multiple streams using different players, so if you don't like RealPlayer you geta choice. I'll be listening, count on it...Spread the word!
[ Post Comment ]


Comment #9 posted by hope on January 08, 2005 at 17:09:41 PT
I'm sorry
I thought about that about five minutes after I posted it. It just struck me so hard and I wondered. Sorry, truly.
[ Post Comment ]


Comment #8 posted by global_warming on January 08, 2005 at 16:13:09 PT
I wonder how these folks are doing
It doesn't sound good, them bastard drug enforcement cops, are up to theire elbows, in making this mans life a hell on earth.Thank you all those shitty men and women that are hiding behind the badge of the law, thank you all those learned judges that have ascended those lofty platforms of wisdom, it is you people, that subscribe to the system, you good soldiers that are perpetuating this system of abuse, and don't forget, it is we, the people, that will have your hides, your disgraced souls, will fester in the darkest regions of this universe, for your inability to awaken to the cross, and to the injustice, that you are saluting to, be reminded, that the pit that is bottomless, can never be filled, and those that refuse to awaken, shall be forever be foresaken.,May God have Mercy on your wretched souls,Just one mind in this forum,
[ Post Comment ]


Comment #7 posted by FoM on January 08, 2005 at 16:03:25 PT
Hope
That was so long ago I just don't know. I do know sometimes people wish they weren't in the news because of someone seeing it when they search google. We just don't know who just wants peace and quiet and a new beginning or if something happened to them.
[ Post Comment ]


Comment #6 posted by Hope on January 08, 2005 at 15:12:27 PT
I wonder how these folks are doing
http://www.cannabisnews.com/news/thread3921.shtml
[ Post Comment ]

 


Comment #5 posted by FoM on January 08, 2005 at 14:07:52 PT

Hope
Have fun. In the beginning we didn't have any direction. We have grown and matured. I don't just mean us but the whole Internet. I don't know how mainstream news will survive except for covering stories like the Tsunami.
[ Post Comment ]


 


Comment #4 posted by Hope on January 08, 2005 at 13:31:12 PT

Exploring
Just thought I'd go back to the first CannabisNews story and posts and browse forward from there.
[ Post Comment ]


 


Comment #3 posted by FoM on January 08, 2005 at 13:07:52 PT

Hope
I'm not sure I know what you want but if you are looking for all the articles as I post them click this link and go to Breaking News from CNews.http://www.freedomtoexhale.com/ If you are looking for a related article I have it in the article. If you are looking for a MediCann web site I haven't be able to find one so I guess they don't have one yet. The MMJ Archives are here. I hope this helps.http://www.cannabisnews.com/news/list/medical.shtml
[ Post Comment ]


 


Comment #2 posted by Hope on January 08, 2005 at 12:48:04 PT

MediCann
Anyone with first hand knowledge of MediCann care to comment? 
[ Post Comment ]


 


Comment #1 posted by Hope on January 08, 2005 at 12:39:22 PT

Excuse me...off topic
FoM,Where can I find the first story in the archives?Thank you.
[ Post Comment ]





  Post Comment