Can I Be Arrested For Recommending Medical Cannabis?
Under state law, physicians are protected against any kind of punishment for advising a patient about medical cannabis or providing a patient with a signed recommendation for medical cannabis. Physicians are also protected under federal law by Conant v. Walters, in which the U.S. Court of Appeals for the Ninth Circuit ruled that doctors cannot be punished or even investigated—solely for recommending medical cannabis because doing so is protected free speech. The U.S. Supreme Court let the decision stand.
Can I Recommend A Dispensary To My Patients?
No. Under state law, no doctor should be affiliated with any privately-operated club, organization or dispensary and doctors are not authorized to provide information on
Who Uses Green Compassion Network?
Doctors from all specialties in Ohio are able to connect with thousands of seriously ill patients across the state who use our site to request medical cannabis evaluation appointments every day.
Are There Any Special Qualifications To Become A Member of The Green Compassion Network?
The Green Compassion Network has adopted strict standards in evaluating the medical cannabis doctors and clinics allowed to join our network of trusted physicians. First, each physician must meet the criteria for Ohio’s medical cannabis law. Secondly, we have a rigorous vetting and approval process. We review every doctor who joins our network to ensure that each physician is licensed and in good standing. We check board certification with the State Medical Board of Ohio, the Ohio Medical Association, and the Ohio Osteopathic Association. We confirm each physician and clinic to ensure the information provided is correct and valid.
How Does Green Compassion Network Protect Patients’ Confidentiality?
Each of the patients who use our service consents to allow their PHI to be used in the prequalifying, request for appointment, and verification process. We take every opportunity to ensure that patient’s confidential health information is protected and transmitted in line with HIPPA regulations, including using a secure platform and HIPPA-compliant servers.
How Do I See More Patients?
The most successful physicians and clinics in the Network are those with complete, detailed profiles with a high-quality picture. To ensure your listing attracts more patients, complete your profile as thoroughly as possible. You should also encourage your patients to write reviews for your listing, which will make your profile stand out.
What Happens If I Don’t Respond To My Appointment Requests?
If you do not respond to appointment requests by confirming or denying within 2 business days, your profile will receive a temporary activity suspension. Please note that if you have 3 or more activity suspensions within 30 days your profile may be suspended indefinitely. In that case, you must call the Green Compassion Network support team and you will be reinstated on a case-by-case basis.
Why Is My Profile Suspended?
There are three reasons why your profile may be suspended:
- You do not respond to your appointment requests within 2 business days.
- Your billing information cannot be processed.
- You do not complete each patient’s post-appointment protocol. (i.e. issue the recommendation, deny the recommendation or mark the patient as a no-show).
How Do I Reactivate My Profile?
Simply contact the Green Compassion Network support team at info@GreenCompassionNetwork.com or call 833-426-4673.
How Do I Cancel My Affiliation?
You may cancel your affiliation with Green Compassion Network by contacting our support team info@GreenCompassionNetwork.com or by calling 833-426-4673.
How can a patient obtain a recommendation for medical marijuana in the State of Ohio?
The federal government prohibits doctors from being able to prescribe marijuana. Instead, patients must have a recommendation from a certified physician. Physicians interested in recommending the use of medical marijuana for patients must apply for a certificate to recommend from the State Medical Board of Ohio.
What rules are the Medical Board working on related to the Ohio Medical Marijuana Control Program?
All of the Medical Board rules are now available online. http://codes.ohio.gov/oac/4731-32 House Bill 523 authorized the State Medical Board of Ohio to adopt rules for the following:
- The procedures that a physician must follow when applying for a certificate to recommend;
- The conditions that must be met to be eligible for a certificate to recommend;
- The schedule and procedures for renewing a certificate to recommend;
- The reasons for which a certificate to recommend may be suspended or revoked;
- The standards under which a certificate to recommend suspension may be lifted; and,
- The minimal standards of care when recommending treatment with medical marijuana.
What are the requirements for Doctors wanting a certificate to recommend?
Applicants must hold an active, unrestricted MD or DO license from the State Medical Board of Ohio. Additionally, applicants will need to complete at least two hours of continuing medical education that will assist in diagnosing qualifying conditions, treating those conditions with medical marijuana and possible drug interactions. Full requirements for a certificate to recommend outlined in Ohio Administrative Code 4731-32-02.
Where can a Physician find the qualifying CME training?
Only medical marijuana CMEs approved by the Ohio State Medical Association and the Ohio Osteopathic Association meet the requirements for a certificate to recommend. The OSMA and the OOA have posted information on their websites. The following vendors are recognized by the State Medical Board of Ohio as qualified providers who offer approved CME training:
TheAnswerPage.com
ExtraStepAssurance.com
TheMedicalCannabisInstitute.org
Is affirmative defense still applicable now that the Medical Board has finalized their Medical Marijuana rules?
As a way to protect patients and parents or guardians of minor patients who seek to use marijuana prior to the creation and implementation of all the administrative rules necessary to run the Ohio Medical Marijuana Control Program, HB 523 created an affirmative defense for certain marijuana-related crimes. According to the law, a patient, parent, or guardian can only raise an affirmative defense if they have, among other requirements, received a written recommendation from his or her doctor that certifies a certain number of criteria are met. The Board recommends that physicians consult with their private legal counsel and/or employer for interpretation of the legislation.
The affirmative defense established by HB 523 may be raised only for conduct occurring on or after the effective date of the legislation, but no later than sixty days after the date the State Board of Pharmacy begins accepting applications for patient registration pursuant to Ohio Revised Code
What are the Qualifying Medical condition that may be treated with Medical Marijuana?
Certified physicians may recommend medical marijuana only for the treatment of a qualifying medical condition. Under Ohio law, all of the following are qualifying medical conditions: AIDS, amyotrophic lateral sclerosis, Alzheimer’s disease, cancer, chronic traumatic encephalopathy, Crohn’s disease, epilepsy or another seizure disorder, fibromyalgia, glaucoma, hepatitis C, inflammatory bowel disease, multiple sclerosis, pain that is either chronic and severe or intractable, Parkinson’s disease, positive status for HIV, post-traumatic stress disorder, sickle cell anemia, spinal cord disease or injury, Tourette’s syndrome, traumatic brain injury, and ulcerative colitis.
How can new qualifying Medical conditions be added?
The State Medical Board of Ohio established Nov. 1, 2018 -Dec. 31, 2018 as the first submission period for petitions to add a qualifying medical condition to the Medical Marijuana Control Program. PETITIONS WILL BE ACCEPTED BEFORE NOV. 1, 2018. During the submission period next fall, all petitions should be filed electronically through the State’s website, medicalmarijuana.ohio.gov. A petition needs to include:
- The name and contact information
- Specific disease or condition requested to be added
- Information from experts who specialize in the study of the disease or condition
- Relevant medical or scientific evidence
- Consideration of whether conventional medical therapies are insufficient to treat or alleviate the disease or condition
- Evidence supporting the use of medical marijuana to treat or alleviate the disease or condition and other types of medical or scientific documentation
- Letters of support provided by physicians
Under Ohio law, all of the following are already identified as qualifying medical conditions: AIDS, amyotrophic lateral sclerosis, Alzheimer’s disease, cancer, chronic traumatic encephalopathy, Crohn’s disease, epilepsy or another seizure disorder, fibromyalgia, glaucoma, hepatitis C, inflammatory bowel disease, multiple sclerosis, pain that is either chronic and severe or intractable, Parkinson’s disease, positive status for HIV, post-traumatic stress disorder, sickle cell anemia, spinal cord disease or injury, Tourette’s syndrome, traumatic brain injury, and ulcerative colitis.
Will Medical Marijuana be available to Minors?
Yes. However, a physician holding an active certificate to recommend may recommend treatment with medical marijuana only after obtaining the consent of a parent or another person responsible for providing consent to treatment.
May a licensee of the Medical Board administer, dispense, Utilize, or Topically apply products containing Medical Marijuana in the course of Treatment of a patient?