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Medical marijuana lawyer: Health dept. can't deny cards over physician assistants
Category: News | Posted on Fri, December, 16th 2011 by THCFinder
The Colorado Department of Public Health and Environment has announced that it may deny thousands of medical marijuana applications over questions about whether physician assistants did exams -- a policy CDPHE's Dr. Chris Urbina reiterated in a recent interview. But MMJ lawyer Rob Corry calls the action improper and argues that the department is tossing the applications too late.
The CDPHE put the applications on hold, some for months, after staffers noticed that certain medical marijuana recommendation forms featured signatures of both doctors and physician assistants. If the latter actually performed the examination leading to a recommendation, the department believes this action would violate state law calling for a bona fide relationship between doctors and MMJ patients. If that's proven to be the case, the CDPHE will deem such applications fraudulent and deny them. If there's ambiguity over the question of who did the exam, the applications will be rejected.
This distinction is important. Patients whose applications are denied will have to wait six months to reapply, even if they've already been stuck in limbo for months, due to a clause in Amendment 20, the measure that legalized medical marijuana in Colorado. In contrast, patients whose applications are rejected can reapply right away, and additional fees will be waived.
Why use the term "denied" in some cases and "rejected" in others? Doesn't that punish some patients more severely than others without regard to whether they bear any responsibility or blame for the recommendation form issue? When asked this question, Dr. Urbina insisted that he was following the letter of the law, even though no document we've been able to find explains the distinction between "denied" and "rejected" the CDPHE is using.
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