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After Backlash, Office of Compassionate Use Rewrites Florida’s Medical Marijuana Rules

The Health Law Firm Attorney George F. Indest III HeadshotBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

The devil is in the details. This is why state regulators went back to the drawing board to revamp the framework for Florida’s medical marijuana industry. On September 9, 2014, the Florida Department of Health (DOH) Office of Compassionate Use published a revised ruling governing everything medical marijuana: from stems and seeds to prescribing to patients. The latest version addresses issues regarding ownership rules on who can apply to be a medical marijuana dispenser in Florida.

Click here to read the updated bill.

The Office of Compassionate Use has until January 1, 2015, to come up with a finalized version of regulatory framework for the medical marijuana industry.

Florida’s Current Law on Medical Marijuana.

On June 16, 2014, Florida Governor Rick Scott signed SB 1030 (Compassionate Medical Cannabis Act of 2014) into law, making it legal for qualified Florida patients to take low-THC cannabis in liquid form. The specific medical marijuana is approved to treat certain medical conditions such as epilepsy, muscle spasms and cancer. The low-THC medical marijuana is expected to be ready in Florida by spring 2015.

Medical Marijuana Dispensary Requirements and Changes.

Five dispensing organizations will be licensed to grow, process, and distribute the low-THC cannabis.

The law will require each dispensing organization to have a valid registration from the Department of Agriculture and Consumer Services to cultivate more than 400,000 plants, be operated by a “nurseryman,” and have previously operated as a registered nursery in Florida for at least 30 continuous years. These rules were drafted in order to encourage nurseries that meet these criteria to become growers of medical marijuana and discourage non-nursery companies from buying into and controlling the industry for profits.

The previous proposed rule neglected to specifically address whether a nursery would be required to have a continued role in running a dispensary. Under the recent revisions, a nurseryman has to serve as an operator of a dispensary. The revised proposal requires a nursery to have at least 25 percent ownership of a dispensing organization licensed by the state. The rule also states that a nurseryman who owns 100 percent of his business could also be the sole owner of a dispensary.

The revisions require a 21-day notification period. Then a legislative committee must certify the new rules and the DOH will have to adopt them, which is another 20-day process. If all dates hold, the process will be done on November 4, 2014.

I query why such ridiculous requirements are even being proposed. Is it an attempt to award certain individuals by creating a monopoly in certain areas? Requiring patients to travel great distances to one of only five dispensaries in the state also seems to be an irrational requirement.

What About the Disputed Lottery?

The revised rule states that the Office of Compassionate Use decided to stick with the plan to use a lottery system to select dispensing organizations, which the state will eventually license. Health officials believe the process will minimize drawn-out litigation over contract awards that could delay getting medical marijuana to patients.

To read more on the revised rule, click here to read an article from Health News Florida.

Work in Progress.

With all the questions raised by the legislation, it is clear this framework for Florida’s medical marijuana industry is still a work in progress. There is still a lot of red tape to go through to get a functional business model approved for dispensing businesses. While state health officials sort out many lingering details, physicians and dispensaries alike are speculating and preparing for Florida’s medical marijuana industry. Don’t go the unknown road alone. It’s in your best interested to contact an attorney if you plan to have a hand in any part of Florida’s medical marijuana industry.

Contact Experienced Health Law Attorneys for Medical Marijuana Concerns.

The Health Law Firm attorneys can assist health care providers and facilities, such as doctors, pharmacists and pharmacies, wanting to participate in the medical marijuana industry. We can properly draft and complete the applications for registration, permitting and/or licensing, while complying with Florida law. We can also represent doctors, pharmacies and pharmacists facing proceedings brought by state regulators or agencies.

To contact The Health Law Firm please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

Sources:

Kam, Dara. “Regulators Take Another Shot at Pot Rule.” Health News Florida. (September 10, 2014). From: http://wusfnews.wusf.usf.edu/post/regulators-take-another-shot-pot-rule

Galka, Matt. “Revisions Being Made to Non-Euphoric Medical Marijuana Law.” News 4 Jax. (September 10, 2014). From: http://www.news4jax.com/news/revisions-being-made-to-noneuphoric-medical-marijuana-law/27987260

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2017 The Health Law Firm. All rights reserved.

Florida Proposed Amendment: Telemedicine Exams Not Allowed for Medical Marijuana Doctor Order

Attorney George F. Indest III HeadshotBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On December 8, 2016, The Florida Board of Medicine issued a proposed amendment to its telemedicine regulations to clarify that physicians cannot order medical cannabis or low-THC cannabis through telemedicine. The regulation is in the preliminary stages and awaits further review

It’s been proposed that Florida residents seeking medical marijuana prescriptions will need to have an in-person examination first.

The Board originally issued the current telemedicine rules in the Spring of 2014. This amendment would add a new Section (5) to the Standards for Telemedicine Practice under 64B8-9.0141, F.A.C.

The regulation would state “(5) Medical cannabis, as defined by s. 381.986, F.S., may not be ordered by means of telemedicine” if the proposed amendment is finalized.

Florida law permits specified physicians to order low-THC cannabis or medical marijuana for patients diagnosed with certain conditions. The proposed telemedicine amendment comes from the overwhelming approval of Amendment 2 by Florida voter’s. The approval allowed for expanding access of medical marijuana in Florida.

Contact Experienced Health Law Attorneys for Medical Marijuana Concerns.

The Health Law Firm attorneys can assist health care providers and facilities, such as doctors, pharmacists and pharmacies, wanting to participate in the medical marijuana industry. We can properly draft and complete the applications for registration, permitting and/or licensing, while complying with Florida law. We can also represent doctors, pharmacies and pharmacists facing proceedings brought by state regulators or agencies.

Sources:

Lima, Debora. “Medical marijuana might be legal, but you won’t get a prescription this way.” South Florida Business Journal. (December 14, 2016). Web.

Ferrante, Thomas and Lacktman, Nathaniel. “Florida: No Telemedicine Exams for Medical Marijuana.” Lexology. (December 12, 2016).Web.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law is an attorney with The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Avenue, Altamonte Springs, Florida 32714, Phone: (407) 331-6620.

KeyWords: Florida telemedicine, proposed telemedicine amendment, Florida Board of Medicine, health law, The Standards for Telemedicine Practice, The Health Law Firm attorney reviews, Florida’s Amendment 2 approved, The Health Law Firm reviews, medical marijuana defense attorney, Board of Medicine defense lawyer, reviews of The Health Law Firm, access to medical marijuana in Florida, The Health Law Firm

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2017 The Health Law Firm. All rights reserved.

 

Defense Counsel Accepting Healthcare Providers Service Organization (HPSO) Insurance To Defend Pharmacy Complaints Should Not Be Hard To Find

5571 darken lighten center w skin softBy Carole C. Schriefer, R.N., J.D.

We often hear from callers and clients in pharmacist and pharmacy licensing complaints, Department of Regulatory Activities (DORA) investigations, nursing cases, and DEA cases, that they had good insurance coverage with Healthcare Providers Service Organization (HPSO) Insurance, but could not find an attorney that would accept it. Often these pharmacies and pharmacy owners retain us after action has been taken to appeal or attempt to reverse an adverse disciplinary action taken against their nursing license.

For pharmacists and pharmacy owners carrying good professional liability insurance such Healthcare Providers Service Organization (HPSO) Insurance, there is no reason why you should have any difficulty in immediately locating an experienced attorney to defend you in a complaint or investigation. Our firm and its attorneys have accepted HPSO Insurance for over 25 years. Additionally, all of our attorneys are members of The American Association of Nurse Attorneys (TAANA)

Our firm has attorneys that are licensed in and can defend pharmacists, pharmacy owners and pharmacy technicians in Colorado, Florida, Louisiana, Virginia and the District of Columbia. Additionally, there are many states, such as Tennessee, Georgia, Oregon, Pennsylvania, New York, Delaware, and others, which allow us to appear before their boards of nursing and represent clients in these state under their “multi-jurisdictional practice” rules, because this is an area in which we routinely practice.

Legal areas in which we can represent a HPSO insured that HPSO will pay for include: administrative hearings, complaints against your pharmacist or pharmacy license, an investigation of a complaint made against your pharmacist or pharmacy license, a deposition for which you may be subpoenaed, a complaint made for violation of HIPAA or patient privacy, and many others.

Regardless of the state, contact us at:

Main Office:
The Health Law Firm
1101 Douglas Ave.
Altamonte Springs, FL 32714
Phone: (970) 416-7456
Fax: (866) 203-1464
Website: www.TheHealthLawFirm.com
Internet Contact: www.TheHealthLawFirm.com/contact-us/

By appointment at:
155 E. Boardwalk Drive
Suite 424
Fort Collins, CO 80525

One last word, regardless of whether you are covered by HPSO Insurance or not, if an investigator contacts you to obtain a statement from you, whether orally or in writing, always, always, always, consult with an experienced attorney in this area BEFORE giving any statement or talking to the investigator about anything.

Contact Health Law Attorneys Experienced in Representing Pharmacists, Pharmacies, and Other Health Care Providers.

At the Health Law Firm we provide legal services for all health care providers and professionals. This includes pharmacists, pharmacies, physicians, nurses, dentists, psychologists, psychiatrists, mental health counselors, Durable Medical Equipment suppliers, medical students and interns, hospitals, ambulatory surgical centers, pain management clinics, nursing homes, and any other healthcare provider. We represent facilities, individuals, groups and institutions in contracts, sales, mergers and acquisitions.

 

About the Author: Carole C. Schriefer is an attorney and registered nurse. She practices with The Health Law Firm, which has a national practice. Its regional office is in the Northern Colorado, area. www.TheHealthLawFirm.com The Health Law Firm, 155 East Boardwalk Drive, Fort Collins, Colorado 80525. Phone: (970) 416-7456. Its main office is in the Orlando, Florida area.
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“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2017 The Health Law Firm. All rights reserved

By |2017-05-01T07:19:26+00:00May 15th, 2018|Colorado Health Law Blog|0 Comments

Credit Union in Colorado Granted Charter: Will Serve the Marijuana Industry

4 Indest-2009-3By: George F. Indest III, J.D., M.P.A., LL.M., Board Certified by the Florida Bar in Health Law and Shelby Root

Marijuana businesses are flourishing in the four states that it is legal, including D.C., but are still finding it difficult to operate without access to a traditional banking system. In Denver, Colorado, that may all change if the credit union can get approval from the Federal Reserve. The Fourth Corner Credit Union was created to serve the marijuana industry, by creating a bank focused on offering a solution to the massive cash flow that these businesses bring to Colorado. The credit union was granted a charter on November 19, 2014, by Colorado’s banking regulators. However, it is still waiting for a master account number from the Federal Reserve to gain access to the country’s electronic banking system. Until it is granted that, Fourth Corner will remain empty with a “Coming Soon” banner above the front door.


The Fourth Corner Credit Union’s Business Model.

The Fourth Corner Credit Union will accept cash deposits and allow customers to make electronic transfers for payroll and rent, and to purchase supplies. To comply with state and federal rules, Fourth Corner will largely limit its operations to Colorado. Transactions will be approved by bankers who are keeping a close eye on where the money is transferring to ensure it is going towards the business and not redirected to cartels or gangs.

Any business or person with an interest in the marijuana industry will be eligible to join Fourth Corner, which organizers say will look like any other credit union.


The Difficulty in Running a Business without a Traditional Banking System.

The marijuana industry is popular in the states it is legal. Colorado has nearly 800 recreational marijuana shops, which brought in $38 million during February 2015. Without the use of a banking system businesses are unable to take credit cards, debit cards and checks. Thus, dealing in cash is the only way to operate the business. Handling enormous amounts of cash is not a small task, it is time-consuming, dangerous and costly. The owners are left to store cash in safes, tote in bags or boxes to the tax office and utility company, hand out in bundles on payday, and move it by armored vehicles and armed guards.


A Potential Reason for the Delay.

There is not a case of a state accredited financial institution being denied a master account. Usually, approval will come within weeks, but it has been nearly seven months and still no answer. Mark Mason, an attorney advising the credit unions’s founders, has a suggestion for a reason why the Federal Reserve may be wary of granting the account number. He believes that this will “legitimize the marijuana industry to the extent it’s never been.”


Blog Editor’s Comments:

One of the biggest legal problems that exist in states that have legalized marijuana is how to handle the money that is generated. Without access to federally regulated banks (which won’t touch such proceeds), it is difficult to pay taxes, purchase supplies, pay employees or run the business. This is a step in the right direction to remedy this problem.


Comments?

What are your thoughts on a credit union focused on the marijuana industry? Please leave any thoughtful comments below.


Contact Experienced Health Law Attorneys for Medical Marijuana Concerns.

The Health Law Firm attorneys can assist health care providers and facilities, such as doctors, pharmacists and pharmacies, wanting to participate in the medical marijuana industry. We can properly draft and complete the applications for registration, permitting and/or licensing, while complying with Florida law. We can also represent doctors, pharmacies and pharmacists facing proceedings brought by state regulators or agencies.

To contact the Health Law Firm please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.


Sources:

Hughes, Trevor. “Colorado OKs Marijuana Credit Union.” USA Today. (December 8, 2014). From:

http://www.usatoday.com/story/news/nation/2014/12/08/colorado-oks-marijuana-credit-union/20056367/

Fox31 Denver. “Pot Problem: Banks Still Don’t Want This Cash.” (April 14, 2015). From:

http://kdvr.com/2015/04/14/pot-problem-banks-still-dont-want-this-cash/

Richtel, Matt. “The First Bank of Bud Marijuana Industry in Colorado, Eager for Its Own Bank, Waits on the Fed.” The New York Times. (February 5, 2015). From:

http://www.nytimes.com/2015/02/08/business/marijuana-industry-in-colorado-eager-for-its-own-bank-waits-on-the-fed.html?_r=0


About the Authors:
George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620. Shelby Root is a summer associate at The Health Law Firm. She is a student at Barry University College of Law in Orlando.

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2017 The Health Law Firm. All rights reserved.

Orlando To Be Site for Opening of First Florida Medical Marijuana Dispensary

By Shannon McDonough, Legal and Marketing Intern


Central Florida Making Strides Toward Medical Marijuana Acceptance.

Central Florida has jumped on the bandwagon with the acceptance of the alternative medicine, medical marijuana. The first medical marijuana dispensary in Florida is opening within the next few weeks in Orlando. It will offer patients the option of medical marijuana to help treat pain and other symptoms. The dispensary, being opened by Knox Medical, is to be located on North Orlando Avenue at Ivanhoe Village in Orlando, Florida. This is the first dispensary location in Florida. Knox Medical states that it hopes to open four additional sites around the state.

Knox Medical Group Is Licensed to Cultivate and Sell Medical Grade Marijuana.

Knox Medical is one of just a few companies that have obtained licenses to grow and sell medical grade marijuana. Knox Medical Group states that it expects this dispensary to be a respectable and exclusive venue. The dispensary contends that it will only allow entry by patients with clear physician orders to attempt to avoid anything that could create a negative perception of the medical marijuana industry. This “prescription only” approach is different from that of California and Colorado; nobody without a clear physician’s order for medical marijuana will be allowed to enter the building.

Law Makers Create Difficult Regulations for Marijuana Industry.

State regulation seems like it will always be a problem for the growing marijuana industry. There is the potential for new bills restricting the placement of medical marijuana dispensaries. Such a restriction could limit access to the drug and decrease consumption. Florida law makers are continuing to consider additional medical marijuana constitutional amendments. However, since the amendment that approved medical marijuana passed with a 71 percent vote, any measure proposed that will restrict access or availability will probably be defeated. As more and more states accept this alternative form of medicine, law makers will be forced to be flexible and deal with it.

Knox Medical Group Plans To Open Additional Locations All Around Florida.

The city of Orlando approved the new medical marijuana center restricting it to products with less than .3 percent THC. The effects of marijuana itself, along with the effects of marijuana dispensaries, are still being studied.

Knox Medical group states that it plans to open additional locations in Gainesville, Tallahassee, Jacksonville, and Lake Worth in the coming years.
To view prior blogs The Health Law Firm has published on Medical Marijuana, click here: https://medicalmarijuanalawblog.wordpress.com/

Contact Experienced Health Law Attorneys for Medical Marijuana Concerns.

The Health Law Firm’s attorneys can assist health care providers and facilities, such as doctors, pharmacists and pharmacies, wanting to participate in the medical marijuana industry. We can assist in preparing and completing applications for registration, permitting and or licensing. We can also represent doctors, dispensaries, pharmacies, and pharmacists facing proceedings brought by state regulators or agencies.

Sources:

Ferrante, Deanna. “Orlando’s First Medical Marijuana Dispensary Slated to Open in Ivanhoe Village.” Orlando Weekly.  (Mar. 7, 2017). Web.

Shanklin, Mary. “Orlando’s First Medical Marijuana Dispensary Planned for Ivanhoe Village.” Orlando Sentinel. (Mar. 8, 2017). Web.

About the Author: Shannon McDonough is a legal and marketing intern at the Health Law Firm. She is an undergraduate student at Rollins College pursuing her bachelors in Economics with a minor in Spanish and Communications. The Health Law Firm’s main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Avenue, Altamonte Springs, Florida 32714, Phone: (407) 331-6620.

Key Words: Medical and recreational marijuana use, legal counsel for medical marijuana, medical marijuana defense attorney, legal representation for medical marijuana growers and distributors, expanding marijuana industry in Florida, medical marijuana growers and distributors, expanding marijuana industry in Florida, medical marijuana dispensary defense attorney, The Health Law Firm Reviews, lawyer for medical marijuana growers and distributors, health lawyers for marijuana distributors, medical marijuana lawyer, legal counsel for marijuana industry, approval of Florida Constitution Amendment 2, The Health Law Firm attorney reviews, The Health Law Firm

“The Health Law Firm” is a registered fictitious business name of The Health Law Firm, P.A., and Florida professional service corporation, since 1999, and is also a registered service mark. Copyright © 2017 The Health Law Firm. All rights reserved.

Hawaii Gets Green Light For the Opening of First Medical Marijuana Dispensary

5571 darken lighten center w skin softBy Carole C. Schriefer, R.N., J.D.

After waiting 17 years, Hawaii will begin dispensary sales of medical marijuana to patients. Maui Grown Therapies got the green light from the Hawaii Department of Health (DOH) to begin selling medical cannabis. I know (from reliable sources, that is) that Hawaiian grown marijuana has always been a favorite with the connoisseur.

The First Dispensary Sales of Marijuana in Hawaii.

The Maui dispensary, Maui Grown Therapies, has been pre-registering patients and will begin selling medical cannabis to patients by appointment only, said Freitas Gorman, director of community relations and patient affairs. Walk-in sales will start in about a week.

In 2000, Hawaii was among the first states to legalize medical marijuana. But the state didn’t legalize dispensaries until 2015, so the state’s 18,000 patients had to grow or obtain the drug on their own.

“This is an important day for qualified patients and caregivers on Maui who now have assurance the medical cannabis they purchase at Maui Grown Therapies has been thoroughly tested and is safe for them to use,” said Virginia Pressler, director of the state Department of Health, in a statement. “Implementing a new health program is always challenging, and the dispensary program was no exception.”

To read the press release from the DOH, click here.

To stay on top of medical marijuana issues, be sure to check out our Medical Marijuana Law Blog regularly.

Contact Experienced Health Law Attorneys for Medical Marijuana Concerns.

The Health Law Firm attorneys can assist health care providers and facilities, such as doctors, pharmacists and pharmacies, wanting to participate in the medical marijuana industry. We can properly draft and complete the applications for registration, permitting and/or licensing, while complying with Florida law. We can also represent doctors, pharmacies and pharmacists facing proceedings brought by state regulators or agencies.

Sources:

Bussewitz, Cathy. “FIRST MEDICAL MARIJUANA DISPENSARY OPENING IN HAWAII.” The Associated Press. (August 8, 2017). Web.

Department of Health. “First dispensary receives approval from Department of Health to
begin sales of medical cannabis for Hawai‘i patients.” State of Hawaii, DOH. (August 8, 2017). Web.

About the Author: Carole C. Schriefer is an attorney and registered nurse. She practices with The Health Law Firm, which has a national practice. Its regional office is in the Northern Colorado, area. www.TheHealthLawFirm.com The Health Law Firm, 155 East Boardwalk Drive, Fort Collins, Colorado 80525. Phone: (970) 416-7456. Its main office is in the Orlando, Florida area.

KeyWords: Medical marijuana legislation, medical marijuana defense attorney, legal representation for medical marijuana, legal representation for Department of Health issues, medical marijuana representation in Florida, Medical and recreational marijuana use, legal counsel for medical marijuana, marijuana defense attorney, complex health related business transactions, legal opinions on medical issues, legal representation for medical marijuana growers and distributors, legal counsel for medical marijuana, DOH defense attorney, The Health Law Firm attorney reviews, The Health Law Firm reviews, Florida medical marijuana defense attorney, Board of Medicine defense lawyer, reviews of The Health Law Firm, access to medical marijuana in Florida, The Health Law Firm

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2017 The Health Law Firm. All rights reserved.

 

By |2017-08-25T06:25:25+00:00May 15th, 2018|Colorado Health Law Blog|0 Comments

Colorado Unveils New Weapon in Fight Against Prescription Drug Abuse

By Carole C. Schriefer, R.N., J.D., The Health Law Firm

In the United States, Colorado ranks among the highest in prescription drug abuse. Prescribing practices have contributed to both the overuse as well as the illegal use of controlled substances. Recently, the Colorado Medical Board in collaboration with the Colorado Dental Board, Colorado Board of Nursing, Colorado Board of Pharmacy, and the Nurse-Physician Advisory Task Force for Colorado Healthcare, passed a policy for prescribing and dispensing opioids. This is the first time that all four Colorado licensing agencies have worked together to formulate a common policy for health care providers.

The new guidance sets the tone for how complaints involving prescribing and dispensing controlled substances will be viewed by these regulatory boards.

To read the new policy in its entirety, click here.

An Overview of the Prescribing and Dispensing Policy.

The new policy aims to reduce prescription drug abuse by better managing opioid prescribing and dispensing. The policy states that providers working with patients who are prescribed opioids should:

– Follow the policy for prescribing and dispensing opioids;
– Be informed about evidence-based practices for opioid use in health care and risk mitigation;
– Collaborate with the integrated health care team to decrease overprescribing, misuse and abuse of opioids;
– Use the Colorado Prescription Drug Monitoring Program (PDMP) when initially prescribing medication and with each refill;
– Use caution when dispensing to new or unknown patients, filling weekend or late day prescriptions, and when filling prescriptions issued by a provider far from the location of the pharmacy; and
– Educate patients on appropriate use, storage and disposal of opioids, risks and the potential for diversion.

Red Flags.

The new policy describes certain “red flags” health care providers should look for when prescribing and dispensing opioids. It alludes to certain prescription amounts and types that will likely be considered substandard in the absence of a compelling reason for the prescription. For example, the policy advises opioid doses greater than the equivalent of 120 mg morphine are dangerous. The policy also advises against opioid treatment that exceeds 90 days. It’s suggested that prescribers should consider discontinuing opioid therapy when:

– The underlying painful condition is resolved;
– Intolerable side effects emerge;
– The patient’s quality of life fails to improve;
– Functioning deteriorates; or
– There is aberrant medical use.

Tread Lightly When Prescribing Opioids.

Whether you are a physician, nurse, dentist, pharmacist or other health care provider practicing pain management, you should read the entire policy and strictly follow its guidance. Keep detailed records of your pain patients’ care, including copies of PDMP data. As a professional dealing with pain patients, you should also feel comfortable referring appropriate patients to addiction and pain management specialists at any sign of abuse. Failure to follow the new policy may lead to disciplinary action against your license.

For more tips to protect yourself from being accused of overprescribing, click here for a previous blog.

Comments?

What do you think of Colorado’s policy for prescribing and dispensing opioids? Do you think this new policy will make an impact on the prescription drug abuse throughout the state? As a health care provider, will you follow the new policy? Please leave any thoughtful comments below.

Contact A Lawyer Experienced in the Representation of Health Care Professionals in Pain Management Defense.

The Health Law Firm attorneys represent physicians, pharmacists, nurses, clinics, dentists, pharmacies, health facilities and other health care providers in different cases involving allegations of overprescribing narcotics and pain medications. These include criminal investigations by local police and law enforcement authorities, investigations by the U.S. Drug Enforcement Agency (DEA), complaints against professional licenses, and other types of cases. Having attorneys familiar with the medical standards of care and guidelines for prescribing narcotics and having access to expert medical and pharmacy professionals who can testify as expert witnesses in such cases is also crucial. We have represented professionals in administrative investigations and administrative hearings at both the state and federal level.

Call (970) 416-7456 now or visit our website www.TheHealthLawFirm.com.

About the Author: Carole C. Schriefer is a nurse-attorney with The Health Law Firm, which has a national practice. Its regional office is in the Northern Colorado, area. www.TheHealthLawFirm.com The Health Law Firm, 155 East Boardwalk Drive, Fort Collins, Colorado 80525. Phone: (970) 416-7456.

The Health Law Firm” is a registered fictitious business name of George F. Indest III, P.A. – The Health Law Firm, a Florida professional service corporation, since 1999.
Copyright © 1999-2014 The Health Law Firm. All rights reserved.

“Eight Big Things to Watch” for Marijuana Policy in 2015-From Brookings Institution

8 Indest-2008-5By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by the Florida Bar in Health Law

Marijuana policy has increasing developed through the years. Today, twenty-three states have legalized medical marijuana and four states have approved recreational marijuana, including DC. Below is a summary of The Brookings Institution article “Marijuana Policy in 2015: Eight Big Things to Watch.” During 2015, the country and foreign nations will see big changes involving marijuana policies.


1. New States are Planning and Preparing for Legal Marijuana

In November 2014, recreational marijuana was legalized in Oregon and Alaska. During 2015, state legislatures in their respective state and alcohol regulatory bodies will work side by side to design regulations governing legal marijuana. It is important to watch what these states decide because it may determine whether the states marijuana policy will succeed or fail.

Oregon is making history by becoming the first state to border another who has already legalized marijuana. The border between Oregon and Washington will bring insight into what extent states will go for marijuana market advantages regarding bordering states.


2. Which States will be the next to Legalize Marijuana?

This year will show which states are taking steps to initiate ballots in 2016 to legalize marijuana. California and Florida are two of the states expected to advance an initiative, and other states are likely to follow their lead. Ballot initiatives are expensive, thus, to determine who is pushing follow the money.


3. State Legislatures and Marijuana

During the legalization of recreational or medical marijuana the difficult part of the process is getting it past the state legislature. Throughout 2015 it is important to determine which state legislatures have proposals involving marijuana policy and to keep track of their progress during legislative sessions. Some states, like Tennessee, may propose relaxing bans on hemp production, while others may seek to reaffirm legal bans on marijuana.


4. Marijuana in the Courts

During 2015, numerous high-profile lawsuits centered around marijuana policy are likely to be settled. The most recent decision is Coats v. Dish Network, a Colorado case in which a licensed medical marijuana user was let go after testing positive for the substance during a drug test at Dish Network. The Colorado Supreme Court ruled against Mr. Coats. The court held that employees who engage in medical marijuana use that is allowed by state law but unlawful under federal law are not protected by Colorado’s “lawful activities statute.” To read a past blog we published on the case Coats v. Dish Network, click here. To view Coats v. Dish Network in its entirety, click here.

Another case to look out for is Nebraska and Oklahoma v. Colorado, in which the states claim that Colorado’s legalization of marijuana is violating federal law and causing problems in bordering states. The Supreme Court’s decision on the case will clarify the federal courts’ willingness to engage in this area of policy.


5. Clarifying DC’s Marijuana Policy

The future of Washington, DC’s marijuana policy will be determined by the federal courts. The court will need to clarify the policy’s future if there is congressional inaction on Initiative 71.


6. Continuation of Marijuana Policies in Colorado, Washington and Uruguay

Both Washington and Colorado are continuing to work on their recreational marijuana policies. Colorado is working through the issues of edibles, product testing, and home-grows. An important issue to watch is the challenge Washington faces in luring consumers away from the black market cost effectively. Overseas, Uruguay will continue to steadily work on a bureaucracy and consumer base for legal marijuana.


7. Current Marijuana Data is Imperfect and Incomplete

It is too early to make conclusive claims about recreational marijuana since there is not enough data. During 2015, and subsequent years, steady flows of data from Colorado and Washington will surface. This data will provide a better idea about the impact of legal recreational marijuana on society.


8. Marijuana as a Topic During the Presidential Campaign

Marijuana will definitely be a topic during the 2015 presidential campaign. Unlike most political issues, marijuana policy is not determined by political party. Thus, it will be interesting to hear the presidential candidates opinions during 2015 since it will be a big part of the campaign.


Comments:

What are your thoughts on the eight big things to watch in 2015? Please leave any thoughtful comments below.


Contact Experienced Health Law Attorneys for Medical Marijuana Concerns

The Health Law Firm attorneys can assist health care providers and facilities, such as doctors, pharmacists and pharmacies, wanting to participate in the medical marijuana industry. We can properly draft and complete the applications for registration, permitting and/or licensing, while complying with Florida law. We can also represent doctors, pharmacies and pharmacists facing proceedings brought by state regulators or agencies.

To contact The Health Law Firm please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.


Source:

Hudak, John. “Marijuana Policy in 2015: Eight Big Things to Watch.” Brookings Institute. (January 8, 2015). From:
http://www.brookings.edu/blogs/fixgov/posts/2015/01/08-marijuana-policy-2015-things-to-watch-hudak


About the Author:
George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.


Keywords:
Florida medical marijuana, medical cannabis, medical marijuana, medical marijuana lawyer, medical marijuana license, defense attorney, defense lawyer, Charlotte’s Web, health lawyer, marijuana, recreational cannabis, recreational marijuana, The Health Law Firm

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2017 The Health Law Firm. All rights reserved.

 

Florida Department of Health Urges Caution to Avoid Reported Medical Marijuana Scams

6 Indest-2008-3By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On April 20, 2017, the Orange County Medical Society (OCMS) Board of Directors was alerted to a scam involving medical marijuana. The scammers attempt to steal credit card information from patients. Patients are requested to provide their credit card numbers in exchange for a bogus offer of free or reduced-cost medical marijuana.

The DOH reports all incidents of potential fraud and scams to law enforcement, but wants to ensure residents and law makers are aware of what to avoid.

Avoid Medical Marijuana Scams.

Be aware that the perpetrators of the scam may mention the Department of Health’s “Office of Compassionate Use” in their phone call solicitations, to make their communication seem more legitimate. The Florida Department of Health (DOH) has released tips on how patients can protect themselves from scams related to medical marijuana. Click here to read the Press Release from the DOH providing these tips.

The DOH regularly updates The Office of Compassionate Use webpage  with accurate information abut medical marijuana. Patients and legal representatives are encouraged to visit this webpage often for news and updates.

If you receive a phone call that you suspect is a scam, report to the Florida Department of Agriculture and Consumer Services call 1-800-HELP-FLA (1-800-435-7352).

To stay on top of medical marijuana issues and legislation, check our blog for regular updates here.

To learn about the status of medical marijuana in Florida, click here to watch our informational video blog.

Contact Experienced Health Law Attorneys for Medical Marijuana Concerns.

The Health Law Firm attorneys can assist health care providers and facilities, such as doctors, pharmacists and pharmacies, wanting to participate in the medical marijuana industry. We can properly draft and complete the applications for registration, permitting and/or licensing, while complying with Florida law. We can also represent doctors, pharmacies and pharmacists facing proceedings brought by state regulators or agencies.

Sources:

Cobb, Frasier. “Patients and Physicians Alerted to Medical Marijuana Scam.” Orlando Medical News. (April 20, 2017). Web.

“On the Eve of 4/20, The Florida Department of Health Urges Caution to Avoid Medical Marijuana Scams.” Medical Marijuana Magazine. (April 20, 2017). Web.

 

About the Author: George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law is an attorney with The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Avenue, Altamonte Springs, Florida 32714, Phone: (407) 331-6620.

 

KeyWords: Florida medical marijuana legislation, medical marijuana defense attorney, legal representation for medical marijuana, legal representation for Department of Health issues, medical marijuana representation in Florida, Medical and recreational marijuana use, legal counsel for medical marijuana, marijuana defense attorney, complex health related business transactions, legal opinions on medical issues, legal representation for medical marijuana growers and distributors, legal counsel for medical marijuana, DOH defense attorney, The Health Law Firm attorney reviews, The Health Law Firm reviews, Florida medical marijuana defense attorney, Board of Medicine defense lawyer, reviews of The Health Law Firm, access to medical marijuana in Florida, The Health Law Firm

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2017 The Health Law Firm. All rights reserved.

New Report Reveals Massive $2.4 Billion Marijuana Impact on Colorado Economy

3-indest-2009-2By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
On October 27, 2016, the Marijuana Policy Project issued a report for 2015 stating that the state-legal medical marijuana industry had a $2.4 billion economic impact on the Colorado economy.  The cannabis industry, the fastest-growing business sector in Colorado, is credited with funding 18,005 direct and ancillary full-time jobs in 2015, according to the report. The Marijuana Policy Group (MPG) who issued the report, is a Denver-based economic and market research firm that consults with businesses and governments on marijuana policy.

What Does This Mean For the State of Colorado?

The size of the marijuana industry is quite substantial now and the world is taking notice. As a result, new jobs are being created and operating businesses are generating substantial revenue. However, in the coming years, the estimated growth rate will eventually slow to about 11.3 percent as visitor sales drop off as more states legalize, according to the report.

By 2020, Colorado’s marijuana industry is expected to surpass tobacco as the state’s largest excise revenue source, but cannabis sales also should reach a saturation point, MPG said. As such in Colorado, the cannabis industry generates more economic output and employment per dollar spent than 90 percent of other industries, according to MPG’s report. Click here to read the MPG’s report in full.

Not All Positive News.

There is a downfall from the effects of the marijuana industry. As the size of the marijuana industry in Colorado continues to grow, so will the problems that the industry will face on a day-to-day operating basis.

Business owners in the marijuana industry can expect an increase of potential claims such as product liability claims, customer slip and fall claims, Americans with Disabilities Act (ADA) claims, shareholder lawsuits, etc.

Be Prepared, Don’t Wait Until It’s Too Late.

Those involved in the marijuana industry, especially business owners, need to be prepared to ensure they are in a position to defend lawsuits like those mentioned above. Business owners should make sure they are adequately insured and hire legal professionals with experience in marijuana law to provide adequate advice on important issues.

To read more on the status of the marijuana industry and how The Health Law Firm can assist you, click here.

Contact Experienced Health Law Attorneys for Medical Marijuana Concerns.

The Health Law Firm attorneys can assist health care providers and facilities, such as doctors, pharmacists and pharmacies, wanting to participate in the medical marijuana industry. We can properly draft and complete the applications for registration, permitting and/or licensing, while complying with Florida law. We can also represent doctors, pharmacies and pharmacists facing proceedings brought by state regulators or agencies.
To contact The Health Law Firm please call (407) 331-6620 and visit our website at www.TheHealthLawFirm.com.

Sources:

Levine, Steve. “Marijuana Industry has $2.4bn Economic Impact on Colorado.” AHLA Weekly. (October 27, 2016). Web.
Wallace, Alicia. “Report: Colorado weed is now a behemoth with a $2.4 billion economic impact.” (October 26, 2016). Web.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.

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“The Health Law Firm” is a registered fictitious business name of George F. Indest III, P.A. – The Health Law Firm, a Florida professional service corporation, since 1999.Copyright © 2016 The Health Law Firm. All rights reserved.

By |2017-11-10T21:03:56+00:00May 15th, 2018|Colorado Health Law Blog|2 Comments
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