POT-PRESCRIBING DOCTORS WARNED

Get Your Patients To Sign A Liability Waiver Or Face Lawsuits, Insurance
Group Says

The organization that provides malpractice insurance to Canadian physicians
is telling doctors they should not prescribe medical marijuana unless
patients sign a release-of-liability waiver.

In a letter to its 60,000 members, the Canadian Medical Protective
Association cautioned physicians that they could face lawsuits for
prescribing marijuana because it is an unproven drug so they should be
careful to protect themselves, according an article published on the web
site of the Canadian Medical Association Journal.

Both the CMPA and the Canadian Medical Association have opposed the
medical-marijuana program since its inception in 2001.

The physicians' group and its insurers have argued that marijuana has not
been subject to the same testing as other prescription drugs and that
doctors have been unduly burdened with the role of "gatekeepers" of a
program that they do not support and that leaves them vulnerable to lawsuits.

In June, the federal government adopted new regulations that were designed
to address the concerns of physicians, but the CMPA said in its letter to
doctors that the amendments were insufficient.

"The revised regulations are certainly an improvement but underlying
concerns remain," said Dr. John Gray, chief executive officer of the CMPA.
"Prescribing medical marijuana cannot be compared to prescribing
prescription drugs."

Canada's Marihuana Medical Access Regulations were amended so doctors no
longer have to recommend the daily dosage of marijuana or the manner in
which the patient intends to take the drug, nor do they have to attest to
the benefits of marijuana use.

Many physicians found it absurd and unethical to give their patients a
prescription to smoke, and many had concerns about the lack of research
showing the benefits of pot for treatment of specific symptoms.

Under the new regulations, the onus shifted from the prescribing physician
to the patient. People who apply for the right to use medical marijuana
must now attest that they "discussed the risks of using medical marijuana
with a medical practitioner . . . and consent to using it for the
recommended medical purpose."

Currently, 1,042 people in Canada are legally authorized to possess
marijuana for medical purposes, according to Health Canada. About 250 of
the program participants buy dried marijuana from Health Canada while the
balance are authorized to grow their own pot.

Most of them smoke pot to treat chronic pain or to alleviate symptoms of
chronic illnesses such as HIV and AIDS and multiple sclerosis.

The CMPA recommends that physicians present their patients with a release
form, but patients are not obliged to sign it. And even a patient who has
signed the waiver is not prevented from suing.

In Quebec, physicians are specifically prohibited by law from requesting
that a patient sign a release from professional liability.