News (Media Awareness Project) - US OR: Board Probes Marijuana Approvals |
| Title: | US OR: Board Probes Marijuana Approvals |
| Published On: | 2001-07-06 |
| Source: | Register-Guard, The (OR) |
| Fetched On: | 2008-01-25 14:53:46 |
BOARD PROBES MARIJUANA APPROVALS
A Portland area doctor has signed almost 40 percent of the approved
applications for medical marijuana users in the state and is under
investigation by the Oregon Board of Medical Examiners.
At the same time, state officials are moving to tighten rules
governing when a doctor can sign off on a patient's application for
the medical marijuana program.
The large number of signatures by one doctor raises concerns about
who is getting the cards and for what purpose.
The doctor himself said he's filling a gap because other doctors will
not participate in the program for fear of prosecution and
professional repercussions. Many of his patients also are veterans
who cannot get help from their government-employed doctors, he said.
Since the program's inception 2 1/2 years ago, 2,227 Oregonians have
obtained cards permitting them to use marijuana to treat a medical
condition specifically covered by the law.
Of the state's 7,000 doctors, 538 have signed paperwork necessary for
a patient to get a card.
Only 13 Oregon doctors have signed 10 or more medical marijuana
applications. One of them, the Portland area doctor, signed for 890
patients, according to the latest state data on the program. The
second most active physician in the state signed for 71 patients.
The state released the numbers after a public records request by The
Register-Guard.
The doctor's name was not part of the information provided by the
state because the 1998 medical marijuana law requires officials to
protect the names of all doctors and patients who participate in the
program.
The newspaper learned the doctor's identity independently, but agreed
not to publish his name because of his concern about receiving an
unmanageable flood of doctor referrals and private requests for help
to enter the program.
Bruce Johnson, a spokesman for the state Board of Medical Examiners,
said he cannot comment on whether the agency is investigating the
doctor. So far, no Oregon physician has been disciplined for conduct
related to the medical marijuana law, Johnson said.
But the 77-year-old doctor confirmed Thursday that he is under
investigation for not meeting professional standards as an "attending
physician."
He said he sees "95 percent" of his medical marijuana patients and
reviews every patient's records before signing applications, but he
does not have a long-term relationship with the patients. He does not
charge for the exams and is not enrolled in the program himself, he
said.
"I am helping people because I am in a similar position," he said. "I
can truly empathize with these people."
He is a World War II combat veteran and has suffered chronic pain
from prostate surgery eight years ago, he said. He is barely able to
walk, cannot maintain an office practice and takes a triple dose of
sleeping pills to rest every night, he said.
He has followed the requirements of the voter-passed medical
marijuana law and believes that federal agencies are pressuring
Oregon officials to limit participation in the program, he said.
"I think it is absolutely terrible that most physicians in Oregon are
absolutely, totally fearful of what the DEA (Drug Enforcement
Administration) or the Oregon Board of Medical Examiners might do to
them," he said.
The state has received no federal pressure to curtail the program,
said Mac Prichard, spokesman for the Oregon Department of Human
Services, which oversees the medical marijuana program.
State officials have long been aware of the disproportionate number
of patients served by the doctor, Prichard said. Nothing in the
marijuana act nor in Oregon law limits the number of patients a
doctor can serve, he said.
The agency is proposing a new rule to require doctors to verify that
they have an ongoing doctor-patient relationship before they may help
a patient enter the program, he said.
The proposed rule is intended to standardize the system, not reduce
the number of patients the doctor can serve, he said.
"There was no link between this issue and the proposed rule change,"
Prichard said.
"This rule only verifies that the physician is following a standard
procedure in the medical world. We don't expect it to have any effect
on the number of doctors participating in the program."
The revelation about the Portland area doctor is the latest to test
the medical marijuana program.
The state last month demoted the program's director and began an
investigation after discovering three forged signatures on approved
applications and four other forged signatures on pending applications.
All seven forgeries were of the Portland area doctor's name.
The doctor said he discovered the identity of the forger and told the
Oregon State Police. Results of an investigation have been turned
over to district attorneys in Clackamas and Multnomah counties for
potential criminal prosecution, state police spokesman Gregg Hastings
said.
An internal audit ordered when the forgeries were discovered found
that the medical marijuana program staff kept no written records of
their efforts to verify physicians' signatures.
The audit also found other shortcomings and called for more staffing
and management controls to reduce the backlog of applications.
Supporters of the medical marijuana law said the rules change and the
investigation of the Portland area doctor will discourage other
doctors from participating in the program.
"If both agencies are coming after him like this, then it certainly
would have a chilling effect on the program," said Leland Berger, a
Portland lawyer who helped write the medical marijuana initiative.
A medical marijuana card must be renewed annually, requiring each
participant to again get a doctor's opinion about the need for the
treatment, according to state regulations.
"I am not fearful for myself," the Portland area doctor said. "I am
fearful for those 800 people who cannot get help."
He said he is especially concerned about veterans receiving proper
care because Veterans Affairs policy bars the agency's doctors from
participating in Oregon's medical marijuana program.
John Sajo, director of Voter Power, a citizen group that helped draft
the law, said his group is grateful that the doctor is willing to
help so many patients whose regular doctors refused to sign paperwork
for the program.
"From my perspective, the doctor is a hero," Sajo said. "Where is the
problem. Where is the patient who had some adverse health effect. It
seems they are putting a lot of effort into solving a problem that
doesn't exist and at every level making it as difficult as possible
on the patient."
His group routinely refers patients to the doctor because other
physicians refuse to sign necessary forms, even though they tell the
patient to use illegally obtained marijuana as a treatment, Sajo said.
Oregon Medical Association spokesman Jim Kronenberg said most Oregon
physicians specialize in areas in which they are not likely to treat
patients whose conditions qualify them for the medical marijuana
program.
Among the cancer and nerve disease specialists who do treat such
patients, a few doctors feel strongly one way or the other about the
program, but most have never been asked for the help, he said.
The majority of people who phone the medical association for
information about the program are veterans, he said.
Given the other challenges of the medical profession - for example,
regulations concerning the state's doctor-assisted suicide law - the
medical marijuana program does not intimidate doctors, Kronenberg
said.
"There is a lot less emotion and trepidation by physicians than the
public appreciates. I disagree that physicians are at all afraid of
it," he said.
"Legally, technically, the DEA or FBI could try to prosecute.
Practically speaking, the chances are so remote, it's not an issue."
Medical Marijuana Program
Who qualifies: The law identifies specific medical conditions for
which marijuana may prove beneficial to a patient. To qualify, a
patient must obtain a doctor's signature on a statement acknowledging
that the patient suffers from the condition and may be helped by the
drug.
What's the cost: The patient must submit the doctor's signature,
complete other paperwork and pay a $150 fee to apply. If approved,
the patient or his/her caregiver may grow a designated number of
plants for medicinal use, or may possess a specific amount of dried
marijuana.
Who does this: Oregon and eight other states now allow use of medical
marijuana. Federal law continues to view it as a drug with no
legitimate use.
In Lane County
Lane County residents hold 363, or 16 percent, of the state's 2,227
medical marijuana cards.
Eugene: 187
Springfield: 50
Cottage Grove/Creswell: 29
Florence: 27
Blachly/Deadwood/Greenleaf/Horton: 20
Dexter/Lowell/Fall Creek: 17
Veneta/Elmira: 12
Oakridge: 7
Junction City/Cheshire: 7
Marcola: 4
Walton: 2
Pleasant Hill: 1
A Portland area doctor has signed almost 40 percent of the approved
applications for medical marijuana users in the state and is under
investigation by the Oregon Board of Medical Examiners.
At the same time, state officials are moving to tighten rules
governing when a doctor can sign off on a patient's application for
the medical marijuana program.
The large number of signatures by one doctor raises concerns about
who is getting the cards and for what purpose.
The doctor himself said he's filling a gap because other doctors will
not participate in the program for fear of prosecution and
professional repercussions. Many of his patients also are veterans
who cannot get help from their government-employed doctors, he said.
Since the program's inception 2 1/2 years ago, 2,227 Oregonians have
obtained cards permitting them to use marijuana to treat a medical
condition specifically covered by the law.
Of the state's 7,000 doctors, 538 have signed paperwork necessary for
a patient to get a card.
Only 13 Oregon doctors have signed 10 or more medical marijuana
applications. One of them, the Portland area doctor, signed for 890
patients, according to the latest state data on the program. The
second most active physician in the state signed for 71 patients.
The state released the numbers after a public records request by The
Register-Guard.
The doctor's name was not part of the information provided by the
state because the 1998 medical marijuana law requires officials to
protect the names of all doctors and patients who participate in the
program.
The newspaper learned the doctor's identity independently, but agreed
not to publish his name because of his concern about receiving an
unmanageable flood of doctor referrals and private requests for help
to enter the program.
Bruce Johnson, a spokesman for the state Board of Medical Examiners,
said he cannot comment on whether the agency is investigating the
doctor. So far, no Oregon physician has been disciplined for conduct
related to the medical marijuana law, Johnson said.
But the 77-year-old doctor confirmed Thursday that he is under
investigation for not meeting professional standards as an "attending
physician."
He said he sees "95 percent" of his medical marijuana patients and
reviews every patient's records before signing applications, but he
does not have a long-term relationship with the patients. He does not
charge for the exams and is not enrolled in the program himself, he
said.
"I am helping people because I am in a similar position," he said. "I
can truly empathize with these people."
He is a World War II combat veteran and has suffered chronic pain
from prostate surgery eight years ago, he said. He is barely able to
walk, cannot maintain an office practice and takes a triple dose of
sleeping pills to rest every night, he said.
He has followed the requirements of the voter-passed medical
marijuana law and believes that federal agencies are pressuring
Oregon officials to limit participation in the program, he said.
"I think it is absolutely terrible that most physicians in Oregon are
absolutely, totally fearful of what the DEA (Drug Enforcement
Administration) or the Oregon Board of Medical Examiners might do to
them," he said.
The state has received no federal pressure to curtail the program,
said Mac Prichard, spokesman for the Oregon Department of Human
Services, which oversees the medical marijuana program.
State officials have long been aware of the disproportionate number
of patients served by the doctor, Prichard said. Nothing in the
marijuana act nor in Oregon law limits the number of patients a
doctor can serve, he said.
The agency is proposing a new rule to require doctors to verify that
they have an ongoing doctor-patient relationship before they may help
a patient enter the program, he said.
The proposed rule is intended to standardize the system, not reduce
the number of patients the doctor can serve, he said.
"There was no link between this issue and the proposed rule change,"
Prichard said.
"This rule only verifies that the physician is following a standard
procedure in the medical world. We don't expect it to have any effect
on the number of doctors participating in the program."
The revelation about the Portland area doctor is the latest to test
the medical marijuana program.
The state last month demoted the program's director and began an
investigation after discovering three forged signatures on approved
applications and four other forged signatures on pending applications.
All seven forgeries were of the Portland area doctor's name.
The doctor said he discovered the identity of the forger and told the
Oregon State Police. Results of an investigation have been turned
over to district attorneys in Clackamas and Multnomah counties for
potential criminal prosecution, state police spokesman Gregg Hastings
said.
An internal audit ordered when the forgeries were discovered found
that the medical marijuana program staff kept no written records of
their efforts to verify physicians' signatures.
The audit also found other shortcomings and called for more staffing
and management controls to reduce the backlog of applications.
Supporters of the medical marijuana law said the rules change and the
investigation of the Portland area doctor will discourage other
doctors from participating in the program.
"If both agencies are coming after him like this, then it certainly
would have a chilling effect on the program," said Leland Berger, a
Portland lawyer who helped write the medical marijuana initiative.
A medical marijuana card must be renewed annually, requiring each
participant to again get a doctor's opinion about the need for the
treatment, according to state regulations.
"I am not fearful for myself," the Portland area doctor said. "I am
fearful for those 800 people who cannot get help."
He said he is especially concerned about veterans receiving proper
care because Veterans Affairs policy bars the agency's doctors from
participating in Oregon's medical marijuana program.
John Sajo, director of Voter Power, a citizen group that helped draft
the law, said his group is grateful that the doctor is willing to
help so many patients whose regular doctors refused to sign paperwork
for the program.
"From my perspective, the doctor is a hero," Sajo said. "Where is the
problem. Where is the patient who had some adverse health effect. It
seems they are putting a lot of effort into solving a problem that
doesn't exist and at every level making it as difficult as possible
on the patient."
His group routinely refers patients to the doctor because other
physicians refuse to sign necessary forms, even though they tell the
patient to use illegally obtained marijuana as a treatment, Sajo said.
Oregon Medical Association spokesman Jim Kronenberg said most Oregon
physicians specialize in areas in which they are not likely to treat
patients whose conditions qualify them for the medical marijuana
program.
Among the cancer and nerve disease specialists who do treat such
patients, a few doctors feel strongly one way or the other about the
program, but most have never been asked for the help, he said.
The majority of people who phone the medical association for
information about the program are veterans, he said.
Given the other challenges of the medical profession - for example,
regulations concerning the state's doctor-assisted suicide law - the
medical marijuana program does not intimidate doctors, Kronenberg
said.
"There is a lot less emotion and trepidation by physicians than the
public appreciates. I disagree that physicians are at all afraid of
it," he said.
"Legally, technically, the DEA or FBI could try to prosecute.
Practically speaking, the chances are so remote, it's not an issue."
Medical Marijuana Program
Who qualifies: The law identifies specific medical conditions for
which marijuana may prove beneficial to a patient. To qualify, a
patient must obtain a doctor's signature on a statement acknowledging
that the patient suffers from the condition and may be helped by the
drug.
What's the cost: The patient must submit the doctor's signature,
complete other paperwork and pay a $150 fee to apply. If approved,
the patient or his/her caregiver may grow a designated number of
plants for medicinal use, or may possess a specific amount of dried
marijuana.
Who does this: Oregon and eight other states now allow use of medical
marijuana. Federal law continues to view it as a drug with no
legitimate use.
In Lane County
Lane County residents hold 363, or 16 percent, of the state's 2,227
medical marijuana cards.
Eugene: 187
Springfield: 50
Cottage Grove/Creswell: 29
Florence: 27
Blachly/Deadwood/Greenleaf/Horton: 20
Dexter/Lowell/Fall Creek: 17
Veneta/Elmira: 12
Oakridge: 7
Junction City/Cheshire: 7
Marcola: 4
Walton: 2
Pleasant Hill: 1
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