Denali to Offer On Line Follow Up

 

Denali Healthcare offers On Line Follow Up

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Follow up is essential for a bonafide doctor/patient relationship

At Denali Healthcare we are constantly working to protect patients based on the latest court decisions- Most recently concerning the need for follow up after the certification as a measurement of the bonafide dr/pt relationship. We have always offered free, in person follow up with the doctor.  Now patients can complete the requirement for follow up ON LINE and help us with some research into the demographics of medical marijuana in the process.

Follow up provides us with:

  1. Feedback on the effectiveness of our recommended treatment
  2. Useful demographic data for studies on the use of Medical Marijuana in Michigan
  3. Essential records for you medical chart that will be needed in a Section 8 Defense
  4. Makes sure our records are up to date

If you don’t have time to schedule a formal follow up appointment with us, all you need to do is click this button and we can update your chart…

Submit your follow up to us by clicking this button SUBMIT YOUR UPDATE

Follow Up Couldn’t be Easier!

We are currently working on a study of the demographics of Michigan Medical Marijuana Patients- Recently the state put out some misleading statistics concerning the distribution of conditions, we want to find the true numbers of patients certified for each of the approved conditions.  We believe that the state only counted one condition per patient- a card holder with cancer and nausea would be counted as ‘nausea’, we want to count both and need data to do it.

Based on recent court decisions, we at Denali Healthcare feel there will be a large number of Section 8 cases in the coming year.  Not only will the data we are collecting help patients, but the charted follow ups from the on line forms will be critical in the defenses of individual patients.

After you complete the form, it will be added to your chart.  Thank you for your help!

 

7 Rules You Must Know About Michigan Medical Marijuana!

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For all of you who have some interest in Michigan’s Medical Marijuana Program, whether a doctor, patient, caregiver, etc., here are some rules you must know and follow.

“Bona fide physician-patient relationship”

The physician has reviewed the patient’s relevant medical records and completed a full assessment of the patient’s medical history and current medical condition, including a relevant, in-person, medical evaluation of the patient. The physician has created and maintained records of the patient’s condition in accord with medically accepted standards.

The physician has a reasonable expectation that he or she will provide follow-up care to the patient to monitor the efficacy of the use of medical marihuana as a treatment of the patient’s debilitating medical condition. If the patient has given permission, the physician has notified the patient’s primary care physician of the patient’s debilitating medical condition and certification for the use of medical marihuana to treat that condition.

“Get Registered and Grow Your Own”

A qualifying patient who has been issued and possesses a registry identification card shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for the medical use of marihuana in accordance with the act, if the qualifying patient possesses no more than two and one-half (2.5) ounces of usable marihuana.

If the qualifying patient has not specified a primary caregiver he/she will be allowed under state law to cultivate marihuana for their own medical purposes. Each patient is allowed to grow 12 marihuana plants kept in an enclosed, locked facility.

“Enclosed Locked Facility”

All marijuana plants must be grown in an “enclosed, locked facility", which means a closet, room, or other comparable, stationary, and fully enclosed area equipped with secured locks or other functioning security devices that permit access only by a registered primary caregiver or registered qualifying patient.

Marihuana plants grown outdoors are considered to be in an enclosed, locked facility if they are not visible to the unaided eye from an adjacent property when viewed by an individual at ground level or from a permanent structure and are grown within a stationary structure that is enclosed on all sides, except for the base, by chain-link fencing, wooden slats, or a similar material that prevents access by the general public.

The facility is also anchored, attached, or affixed to the ground; located on land that is owned, leased, or rented by either the registered qualifying patient or a person designated through the departmental registration process as the primary caregiver for the registered qualifying patient or patients for whom the marihuana plants are grown; and equipped with functioning locks or other security devices that restrict access to only the registered qualifying patient or the registered primary caregiver who owns, leases, or rents the property on which the structure is located. Enclosed, locked facility includes a motor vehicle if both of the following conditions are met.

“Designate a Primary Caregiver”

A primary caregiver who has been issued and possesses a registry identification card shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for assisting a qualifying patient to whom he or she is connected through the department's registration process with the medical use of marihuana in accordance with the Act.

The primary caregiver can possess two and one-half (2.5) ounces of usable marihuana for each registered qualifying patient to whom he or she is connected through the department's registration process. For each registered qualifying patient who has specified that the primary caregiver will be allowed under state law to cultivate marihuana for the qualifying patient, 12 marijuana plants kept in an enclosed, locked facility.

A registered qualifying patient or registered primary caregiver who has been convicted of selling marihuana to someone who is not allowed to use marihuana for medical purposes under the act, shall have his or her registry identification card revoked and may be found guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both, in addition to any other penalties for the distribution of marihuana.

“Felonies and Caregivers”

A primary caregiver will not be registered by the State to grow medical marijuana for any patient if he or she has been convicted of the following:

(A) Any felony within the past 10 years.

(B) A felony involving illegal drugs or violent crimes.

“Affirmative Defense for arrest for Medical Marihuana”

A patient and a patient’s primary caregiver, if any, may assert the medical purpose for using marihuana as a defense to any prosecution involving marihuana, and this defense shall be presumed valid where the evidence shows that: the medical use of marihuana to treat or alleviate the patient’s serious or debilitating medical condition or symptoms of the patient’s serious or debilitating medical condition;

(2) The patient and the patient’s primary caregiver, if any, were collectively in possession of a quantity of marihuana that was not more than was reasonably necessary to ensure the uninterrupted availability of marihuana for the purpose of treating or alleviating the patient’s serious or debilitating medical condition or symptoms of the patient’s serious or debilitating medical condition; and

(3) The patient and the patient’s primary caregiver, if any, were engaged in the acquisition, possession, cultivation, manufacture, use, delivery, transfer, or transportation of marihuana or paraphernalia relating to the use of marihuana to treat or alleviate the patient’s serious or debilitating medical condition or symptoms of the patient’s serious or debilitating medical condition.

(1) A physician has stated that, in the physician’s professional opinion, after having completed a full assessment of the patient’s medical history and current medical condition made in the course of a bona fide physician-patient relationship, the patient is likely to receive therapeutic or palliative benefit from

“Petition to add qualifying diseases or medical conditions”

The department shall accept a written petition from any person requesting that a particular medical condition or treatment be included in the list of debilitating medical conditions under R 333.101.The department shall submit the written petition to the review panel. Within 60 days of receipt of the petition, the panel shall make a recommendation to the department regarding approval or denial of the petition.

Upon receipt of a recommendation from the review panel, the department shall do all of the following:

(a) Post the panel's recommendations on the department's website for public comment for a period of 60 days.

(b) Give notice of a public hearing not less than 10 days before the date of the hearing.

 

“Kushy” Dell J. is a blogger and teacher for Dell’s Classroom found on the website for Dr. Bob and the Certification Crew.

Caregiver Responsibilities under Hartwick

 

Caregiver Responsibilities under Hartwick

In response to our request, Attorney Randall Collins of Grand Haven addresses the Hartwick CoA Decision

Law Office

of

Attorney Randall L. Collins

_________________________________________________

        P.O. Box 231

Grand Haven, MI  49417

(616) 844-5446

(616) 825-6275 fax

This email address is being protected from spambots. You need JavaScript enabled to view it.

TO:              Medical Marijuana Community

FROM:         Attorney Randall Collins

DATE: January 17, 2014

RE:              Caregiver Responsibilities

If you are a Caregiver you must read the Appellant Court decision on People of the State of Michigan v. Richard Lee Hartwick.  Richard attempted to do everything by the book but did not understand the meaning of being a caregiver.  He did not know the illnesses of his patients, he did not know what strains or strengths of meds or THC/CBD was working and did not have a paper trail of what he tried for each patient.

If you are growing a strain of high THC, you do not want a patient with pain issues.  Most patients have pain issues and yet there is hardly anyone growing high CBD medicine.  Do you still not get it?  Sativa gets you high, works as an anti-inflammatory in a limited capacity.  Indica helps with pain.  Indica has a high CBD.  Sativa is high THC.  What are you growing?

YOU HAVE TO DECIDE:

A) Do I continue to grow my meds as they stand and find patients who will get the maximum benefits from it, or

B) Do I change my operation, to grow the meds for the current patients I have.

Track what is working for your patients and what is not working.  When did you talk to your patient last, did you sit and have a beer with them or did you actually have a heart-to-heart about their health and what you can do to better the patient?  When push comes to shove if the patients feels no relief from your meds and is just getting a buzz to forget the pain, game over.  You failed.  Medicine is suppose to aid in the relief of the illness.

So what do you need to do to learn more about this?  Test your grow each and every time.  Track how you are performing as a grower and log how the test results show how palliative relief will be maintained for you patient.  The true medical marijuana certification doctors will spot a bad caregiver when asking certain questions of the patient.  The doctor must document their findings every year.  These records of your work will be admissible in court.

I am available for consultation and grow room inspections in an attempt to point you in the right direction.  (616) 844-5446  or on Facebook as Grand Haven Legal

Editor's Note- In addition to knowing your patient's condition and selecting a specific strain for them based on the condition, caregivers are being held responsible for the validity of the doctor/patient relationship between the doctor and their patient.  If the physician is not known to the caregiver, it is wise (and may be legally essential) that the caregiver confirm that the physician will require and retain medical records of the visit, meet personally with the patient, and arrange for follow up with the patient.

 for full article and decision see 'caregiver responsibilities'

I'm a Good Mother- Why is CPS Investigating ME??

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Why is CPS Investigating Me?

By Attorney Jennifer P. Bukovinszky

Bringing a child into this world is hard enough but when the new mother is a marijuana user and has used marijuana during pregnancy, she is faced with so much more.

The Child Protection Law (CPL), requires certain people (mandated reporters), to make a complaint of child abuse to Child Protective Services (CPS) if the mandated reporter suspects that the newborn infant has been exposed to any amount of a controlled substance or if a controlled substance is found to be present in the newborn infant’s body. MCL 722.623a. It is important to note, that the mandated reporter will not be required to make a complaint if it is known that the exposure to a controlled substance was the result of medical treatment administered to the mother or the newborn infant.

But…it is likely that the hospital staff will err on the side of caution when deciding to initiate a complaint to CPS if it is suspected that the mother’s use of a controlled substance has transferred to the newborn infant while in utero.

Once a report has been made, a CPS worker will automatically investigate the complaint to determine if the newborn infant was in fact exposed to a controlled substance and the circumstances surrounding that exposure.

 

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