Colorado Health Law Blog

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ECFMG Affidavit to Complete? Attending a Caribbean Medical School? Being Investigated for Irregular behavior by the ECFMG or USMLE? You need Legal Advice! Your Residency Matching Might Now Be at Issue, as Well!

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

Have you recently unexpectedly received an affidavit from the Educational Commission for Foreign Medical Graduates (ECFMG or the United States Medical Licensing Examination (USMLE) Secretariat? Are you attending or have you graduated from a Caribbean medical School such as the University of Science, Art and Technology (USAT), Faculty of Medicine, in Montserrat, or the Atlantic University School of Medicine (AUSOM) in St. Lucia? Then you are probably, unknowingly, being investigated for misconduct, improprieties in your medical school attendance or other “irregular behavior.” You need to consult with a lawyer and specifically a lawyer who knows and understands the processes followed by the ECFMG and the USMLE.

Large Number of Legal Inquiries Being Received from Current Students and Graduates of USAT.

A year ago, our firm was receiving a large number of calls from students and graduates of the Atlantic University School of Medicine (AUSOM) concerning inquiries and letters they were receiving from the ECFMG and/or the USMLE. However, over the past several months, we have now received an even larger number of inquiries from students and alumni of the University of Arts, Technology and Sciences (USAT) Faculty of Medicine in Montserrat. We have now seen several different affidavits which the ECF image he has sent to students and graduates of USAT which request some very specific and detailed information about their course attendance and experience as students at USAT.

Each inquiry we have received from students and graduates of USAT has disclosed facts and circumstances that are slightly different from the other. From these we have been able to piece together a fairly comprehensive picture of what is probably going on. To summarize, it appears that you SAT is under investigation by the ECF image he for the various irregularities that our clients have disclosed have occurred in the past.

Affidavits from the ECFMG and the USMLE Should Be Taken Very Seriously. They Should Be Answered Truthfully and Must Be Returned Promptly.

The Handbook and Guidelines published by the ECFMG and the USMLE, require that any student or graduate who applies for their services must promptly respond to requests for information. This would include responding to the affidavits (which are really questionnaires to be completed under oath). Otherwise, the applicant can be charged by the ECFMG or the USMLE with “irregular behavior” in accordance with the Handbook and Guidelines that they previously agreed to follow when initially applying.

We hear from our callers, clients, and potential clients that they may have received instructions from their schools or from other sources that they do not have to do send these affidavits back in or respond to these requests for information. We do not believe that this is correct and vice. If confronted by having been sent such an inquiry or affidavit by the USEMLE or ECFMG, you should immediately contact competent, experienced, legal counsel to advise you on the exact issues and facts of the situation. You will only receive advice that takes your own personal interests into consideration from your own personal attorney; you are not likely to receive it from anyone else.

View Our Other Blogs on Our Experience with the USMLE, ECFMG, and NBME, and Hearings on “Irregular Behavior.”

Our law firm is had a great deal of experience representing students and graduates in disputes with and defending charges of “irregular behavior” against the USMLE, ECFMG and he NBME. To review a few of these please see:
What to Do If You Receive an Inquiry From the USMLE, ECFMG, or NBME
GOING TO TAKE THE USMLE STEP EXAMS? BEWARE OF ACTIONS THAT CAN BE CALLED “IRREGULAR BEHAVIOR”-PART 1, and
Accused of Irregular Behavior on the USMLE? Here’s What You Will Do Wrong.

Contact a Health Care Attorney Experienced in the Representation of Medical Students, Interns, Residents and Applicants, Fellows and Those Involved in Graduate Medical Education.

The Health Law Firm and its attorneys represent interns, residents, fellows and medical school students in disputes with their medical schools, supervisors, residency programs and in dismissal hearings. We have experience representing such individuals and those in graduate medical education programs in various disputes regarding their academic and clinical performance, allegations of substance abuse, failure to complete integral parts training, alleged false or incomplete statements on applications, allegations of impairment (because of abuse or addiction to drugs or alcohol or because of mental or physical issues), because of discrimination due to race, sex, national origin, sexual orientation and any other matters.

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

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 and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2018 The Health Law Firm. All rights reserved.

Florida’s Medical Marijuana Once Again Threatened by Unnecessary Legal Setbacks

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

The resignation of Florida’s medical marijuana chief on August 17, 2018, and a series of recent court losses, has once again threatened the state’s efforts for controlled legalization of marijuana.

On August 2, 2018, a Tallahassee judge struck down the licensing structure that the state Legislature and Department of Health (DOH) enacted for medical marijuana providers. In his order, Circuit Judge Charles Dodson said the state’s imposition of a cap on the number of medical marijuana treatment centers and its requirement for vertical integration from growing to dispensing “directly contradicts” a 2016 amendment to the Florida Constitution.

“Implementing” the Law or Impeding the Law?

In 2014, the Florida Legislature took the first step toward a sane approach to marijuana by legalizing a non-euphoric strain, known as Charlotte’s Web.

In November 2016, Amendment 2 to the Florida Constitution, legalizing medical marijuana, passed with 71 percent approval, its authorization for medical use. However, since that happened, state officials, state bureaucrats and the state legislature have done nothing but attempt to restrict and impede its use, ignoring the will of the people they are supposed to be serving.

The legislature passed an “implementing” law for the amendment in 2017, but the rule-making process and initial rollout has been slow and bogged down by complex litigation. To read more on the law, click here.

Attempts to artificially limit the number of growers, the number of dispensaries, and the forms that are legal to use, have all been used to impede implementation.

Such herculean efforts by state bureaucrats and legislatures, who are supposed to be carrying out the will of the citizens, is unconscionable. Even when the Florida Constitution itself requires them to preform certain duties, they just obstruct, obstruct, obstruct. Thank goodness for conscientious judges like Judge Dodson, who honor the law, follow the law, and will hopefully help enforce the law, regardless of the politics of those who chose to ignore and impede it.

This just shows that future constitutional amendments concerning the legalization of marijuana and marijuana products, and I am sure nothing less than additional constitutional amendments will be required, will need to state that they are self-implementing and no act of the state legislature or rule of any state agency is required carry it out. In fact, any such future constitutional amendment should specifically prohibit them from interfering with its implementation.

Ongoing Legal Battles.

With the recent rulings rejecting a smoking ban and saying a cancer patient can grow his own plants, experts fear that Judge Dodson’s August ruling will drastically alter the current landscape. Lawyers, who specialize in the field of marijuana law, say this ruling has the greatest potential impact of any decision to date. Additionally, banking and money issues, litigation and politics have continued to shake up the outcome.

Thanks for attorney John Morgan and other advocates who take up and challenge the attempts to fight the will of the people of Florida. During the next election, marijuana advocates should run advertisements specifically targeting those officials who enacted legislation or who attempted to enact agency rules placing obstacles to implementing the constitutional amendment.

What Outcome is Best for the State of Florida?

The state of Florida has the potential to become one of the nation’s largest markets for medical marijuana, likely worth billions of dollars. It has the third-largest population, which is growing and features a large number of elderly residents, lawyers noted. So, when it comes to medical marijuana, the question remains, “What is best for the state of Florida in the long run?”

To learn more on the status of Florida’s marijuana legalization, click here to read one of my prior blogs. Be sure to check our Marijuana Law Blog regularly for updates.

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:

Hale, Nathan. “Fla. Medical Marijuana Measure May Boost Business For Firms.” Law360. (October 25, 2016). Web.

Hale, Nathan. “Setbacks Shake Up Fla.’s Medical Marijuana Rollout.” Law360. (August 17, 2018). 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.

KeyWords: Florida medical marijuana legislation, medical marijuana representation, marijuana attorney, medical marijuana lawyer, marijuana defense attorney, legal representation for medical marijuana issues, Florida marijuana law attorney, marijuana law defense lawyer, representation for marijuana growers, representation for marijuana distributors, defense attorney for marijuana growers, defense attorney for marijuana distributors, defense lawyer for medical marijuana, decriminalization of marijuana in Florida, health law defense attorney, Florida medical cannabis representation, medical cannabis lawyer, cannabis defense lawyer, medical marijuana defense attorney, health lawyers for marijuana distributors, legal counsel for marijuana growers and distributors, medical marijuana laws, medical marijuana legalization, recreational marijuana laws and regulations, legal representation for recreational marijuana in a business, legal counsel for marijuana law, legal representation for marijuana criminalization, legal representation for marijuana regulations, The Health Law Firm reviews, reviews of The Health Law Firm attorneys

“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 © 2018 The Health Law Firm. All rights reserved.

By |2018-09-04T18:23:45+00:00September 17th, 2018|Marijuana Law Blog, Medical Marijuana|0 Comments

Orlando City Council Vote to Extend Temporary Ban on Medical Marijuana Dispensaries

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 November 14, 2016, Orlando’s City Council voted to extend its temporary ban on new marijuana dispensaries, less than a week after Florida voters backed a constitutional amendment to expand medical use of the drug. Back in July 2016, city commissioners voted to approve the temporary pause on marijuana dispensaries. The current ban is set to expire December 2016, but the city is pursuing an extension that would stretch the ban until July 1, 2017.

The Temporary Ban.

According to the city, the temporary ban will be beneficial because it will allow staffers to study the potential impacts of marijuana distributors, including whether they should be kept at arm’s length from neighborhoods, churches and schools. After the Legislature in 2014 legalized the low-THC oil known as Charlotte’s Web, the city of Orlando determined its current rules would categorize dispensaries as drug stores, like Walgreens and CVS. The city of Orlando pursued the July 2016 moratorium after three potential sellers of either medicinal marijuana or Charlotte’s Web had expressed interest in Orlando storefronts where proper zoning would allow them. So far, several South Florida cities have also adopted similar temporary bans on new potential dispensaries. The Orlando City Council will take its final vote on the extension in December 2016.

To learn more on the status of marijuana in Florida, click here to read one of my prior blogs.

Problematic Approach.

To me this is very problematic. The citizens of Florida have spoken in making medical marijuana legal. However, it seems likely that we will be burdened with government officials acting to try to prohibit retail sellers and dispensaries in an attempt to prevent it nevertheless. For example, what would happen if every county now voted to prohibit dispensaries within their boundaries. This would cut the legs out from under the constitutional amendment passed by the voters.

We may have to go back to the polls again and vote in a constitutional amendment that blocks cities, counties and state agencies from preventing sales within their limits. Either that or elect John Morgan governor!

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:

Weiner, Jeff. “Orlando extends temporary ban on marijuana dispensaries.” Orlando Sentinel. (November 14, 2016). Web.

Weiner, Jeff. “City votes for pause on pot dispensaries.” Orlando Sentinel. (July 11, 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.

KeyWords: Medical and recreational marijuana use, legal counsel for medical marijuana, marijuana defense attorney, legal representation for medical marijuana growers and distributors, expanding marijuana industry, medical marijuana 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’s Amendment 2, reviews of The Health Law Firm, 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., a Florida professional service corporation, since 1999, and is also a registered service mark.
Copyright © 2017 The Health Law Firm. All rights reserved

Legal Access to Marijuana Expands: California Legalizes Recreational Pot & Florida Legalizes Medical Marijuana

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

After looking at the red and blue map of America from the recent presidential election, it may be time to add some green. On November 9, 2016, the movement to legalize marijuana, which has been in the public eye for some time now, took a giant step forward. Voters in California voted to legalize the recreational use of marijuana. Voters in Florida, the third most populous state, overwhelmingly finally said yes to legalize medical marijuana use.

Expanding Legal Access to Marijuana.

Twenty-five states have already approved the use of medical marijuana and four states allowed recreational use. California, along with Massachusetts and Nevada approved the legalization of recreational pot use. Florida was joined by Arkansas, Montana and North Dakota in approving medical marijuana use.

Florida’s Amendment 2 passed with 71 percent of the vote. Those opposed to Amendment 2 feared that its passage would lead to pop-up dispensaries with little supervision. But supporters are convinced that it’s a necessary treatment for a wide variety of conditions from seizures to PTSD, addiction to opiates and cancer.
In 2014, the amendment got 57.6 percent of voter’s approval, just missing the 60 percent needed to pass.

Legalization Support.

According to national polls that were conducted, a solid majority of Americans support legalization of marijuana. Gallup’s latest survey for 2016 gauged support at 60 percent, up from 14 percent from when the question was first posed in 1969. Gallup says 13 percent of U.S. adults currently report using marijuana, nearly double the percentage who reported using pot in 2013. Click here to read the recent poll on marijuana support.

To learn more on the legalization of marijuana, click here to read one of my prior blogs.

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:

Hale, Nathan. “Marijuana Ballots: Calif., Fla. Say Yes To Legal Pot.” Law360. (November 9, 2016). Web.

“Marijuana legalization: California, Nevada, Florida voters say yes but Arizona rejects.” Fox 5. (November 9, 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.

KeyWords: Medical and recreational marijuana use, legal counsel for medical marijuana, marijuana defense attorney, legal representation for medical marijuana growers and distributors, expanding marijuana industry, medical marijuana defense attorney, The Health Law Firm Reviews, lawyer for medical marijuana growers and distributors, health lawyers for marijuana distributors, legal counsel for marijuana industry, approval of Florida’s Amendment 2, reviews of The Health Law Firm, 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., a Florida professional service corporation, since 1999, and is also a registered service mark.

Copyright © 2017 The Health Law Firm. All rights reserved

Colorado Health Officials ‘Just Say No’ to Marijuana for PTSD Treatment

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

The Colorado Board of Health denied a motion to approve medical marijuana as a treatment for post-traumatic stress disorder (PTSD) on July 15, 2015. The rejection was made despite the recommendation of the state’s chief medical officer. This marks the third time that Colorado’s health officials have said ‘No’ to including PTSD on its medical marijuana approved uses list.

Is Marijuana Medicine?

The Colorado Board of Health voted 6-2 to reject a petition for PTSD to be included as a “debilitating condition” that can be treated with medical marijuana. Despite hearing testimony from several veterans pushing for approval, some board members believed that there was not enough scientific evidence to support this claim. To read this article in full from The Denver Post, click here.

To read a past blog on marijuana policy, click here.

Vote Yes.

According to The Denver Post, supporters of the proposal say that rather than focusing on the hard science, the needs of patients should also be considered. If it had been approved, it would have allowed physicians to recommend certain marijuana strains that provide relief without a ‘high’, according to Teri Robnett, director of the Cannabis Patients Alliance. Click here to go to their website and learn more about the Cannabis Patients Alliance.

Legal But With Limits.

Despite this recent rejection, Colorado has approved the use of marijuana for various health ailments. Colorado’s approved list of uses for medical marijuana currently includes muscle spasms, epilepsy, cancer, severe glaucoma and nausea. Currently, nine states allow physicians to recommend medical marijuana treatment for PTSD patients. To read a past blog on uses of medical marijuana, click here.

Comments?

Do you agree that PTSD should be excluded from the medical marijuana approval list? Do you approve of using medical marijuana as a treatment? 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 and visit our website at www.TheHealthLawFirm.com.

Sources:

Draper, Electa. “Colorado Board Voted No on Allowing Medical Marijuana for PTSD.” The Denver Post. (July 15, 2015). From: http://www.denverpost.com/news/ci_28487952/colorado-board-votes-no-allowing-medical-pot-ptsd

Gray, Eliza. “Colorado Health Board Votes ‘No’ on Treating PTSD With Marijuana.” Time. ( July 15, 2015). From: http://time.com/3960940/colorado-ptsd-marijuana/

Coffman, Keith. “Colorado Rejects Medical Marijuana for PTSD Treatment.” Reauters. ( July 18, 2015). From: http://www.reuters.com/article/2015/07/16/us-usa-colorado-marijuana-idUSKCN0PQ0CC20150716

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.

KeyWords: Colorado Board of Health, Colorado Marijuana law, Cannabis Patients Alliance, post-traumatic stress disorder, PTSD, medical marijuana for PTSD treatment, PTSD treatment, medical marijuana approval list, medical marijuana treatment, licensed medical marijuana user, medical marijuana defense attorney, marijuana lawyer health law, health care attorney, health care lawyer, medical cannabis, health law firm, The Health Law Firm

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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 © 1996-2015 The Health Law Firm. All rights reserved.

By |2015-09-17T18:52:27+00:00May 15th, 2018|Colorado Health Law Blog|0 Comments

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.

 

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

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 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.

But there is a down side for the marijuana industry. As 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 claims such as product liability claims, customer slip and fall claims, Americans with Disabilities Act (ADA) claims, shareholder lawsuits, and other types of problems that affect any large business. However, this is merely the cost of doing business and one of the prices for success in the U.S.

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.

KeyWords: Growing marijuana industry in Colorado, Marijuana Policy Group (MPG) report, medical marijuana defense attorney, lawyer for medical marijuana growers and distributors, health lawyers for marijuana distributors, legal counsel for marijuana growers and distributors, medical marijuana laws, medical marijuana legalization, product liability claims defense attorney, customer slip and fall claims defense attorney, Americans with Disabilities Act (ADA) claims defense attorney, reviews of The Health Law Firm, The Health Law Firm attorney reviews, 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 © 2016 The Health Law Firm. All rights reserved.

By |2018-07-06T01:26:59+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.

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.

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