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I-Team Recently Went Undercover To Call Out A Doctor Not Following State Guidelines For Medical Marijuana.


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I-Team recently went undercover to call out a doctor not following state guidelines for medical marijuana.

 

You can find that report, 'Smoke Screen' here.

 

In part two of that report, we got reaction to the story from police and a local lawmaker.

 

Our I-Team went undercover to find out just how difficult it is to get a doctor to sign off on medical marijuana. We walked into one clinic, paid $250, answered only a few questions and walked out with a signed medical marijuana certification.

 

A tip led us to Dr. Edward Harwell, who sets up clinics in hotel rooms around the state.

 

We did not show any medical records, and absolutely no physical exam was done. The entire meeting with Dr. Harwell consisted of just a few questions and only lasted a few minutes, but we walked out with the paperwork needed to apply for a medical marijuana card.

 

According to the Department of Community Health, it shouldn't be that easy.

 

“When they find someone who wants medical marijuana they need to conduct some type of assessment,” said James McCurtis, Michigan Dept. of Community Health. “Whether it's using medical records, a medical history or doing a thorough exam with that person and having some type of documentation that shows this person actually does have this illness and that medical marijuana will help this person with this illness.”

 

Newschannel 3 also went to Dr. Harwell to get his side of the story.

 

“We have seen you sign forms, medical marijuana forms, by only asking a few questions doing no examinations,” said Newschannel 3.

 

“I don't need a whole bunch of questions to make a diagnosis if you were to drop dead right here to save your life,” said Dr. Harwell.

 

“You don't need an examination, a review of medical records?” asked Newschannel 3.

 

“I do review their medical records,” said Dr. Harwell. “I do review them.”

 

“We have seen a situation where you have not,” said Newschannel 3.

 

“Well, you show it to me,” said Dr. Harwell. “You are lying.”

 

We were not lying, and we took that video to a state lawmaker to get her reaction. State Senator-elect Tonya Schuitmaker was shocked by what she saw.

 

“Far be it for a legislator to second guess what the voters' intent was,” said Schuitmaker. “That being said, I think it's clearly identifiable that the voters' intent was not to have doctors prescribing marijuana without a thorough examination, without any evidence of chronic pain, out of a hotel room. I think that's just deplorable.”

 

The medical marijuana act is riddled with gray areas and vague language. The question now is what can the legislature do to close the loopholes in the law.

 

“I think we need to hold hearings to determine the gray areas of the law,” said Schuitmaker, “get testimony from the Department of Community Health, which is issuing these forms, see what they're seeing, see if this is an isolated incident.”

 

Between then and now, what can be done? Those in law enforcement put their lives on the line every day to keep illegal drugs off the street, but because of gaps in the law, a person who has no medical reason to have the drug, could get a medical marijuana card.

 

And according to the law, police can't do anything to those people who shouldn't have it, or the doctors who don't follow the guidelines.

 

“As I read the law there are no criminal sanctions at this juncture,” said Capt. Jonathan Uribe, Kalamazoo Public Safety, “the only sanctions are against his own medical license.”

 

Dr. Harwell's clinic is called MMM Clinics and there was a link on the clinic's website to apply for a certification online. That link has recently been taken down.

 

You can learn more about the Michigan Medical Marijuana Act here.

 

 

 

 

PLease go to the Source they have Video there to veiw .

 

 

 

 

http://www.wwmt.com/articles/smoke-1384182-michigan-newschannel.html

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I-Team recently went undercover to call out a doctor not following state guidelines for medical marijuana.

 

You can find that report, 'Smoke Screen' here.

 

In part two of that report, we got reaction to the story from police and a local lawmaker.

 

Our I-Team went undercover to find out just how difficult it is to get a doctor to sign off on medical marijuana. We walked into one clinic, paid $250, answered only a few questions and walked out with a signed medical marijuana certification.

 

A tip led us to Dr. Edward Harwell, who sets up clinics in hotel rooms around the state.

 

We did not show any medical records, and absolutely no physical exam was done. The entire meeting with Dr. Harwell consisted of just a few questions and only lasted a few minutes, but we walked out with the paperwork needed to apply for a medical marijuana card.

 

According to the Department of Community Health, it shouldn't be that easy.

 

“When they find someone who wants medical marijuana they need to conduct some type of assessment,” said James McCurtis, Michigan Dept. of Community Health. “Whether it's using medical records, a medical history or doing a thorough exam with that person and having some type of documentation that shows this person actually does have this illness and that medical marijuana will help this person with this illness.”

 

Newschannel 3 also went to Dr. Harwell to get his side of the story.

 

“We have seen you sign forms, medical marijuana forms, by only asking a few questions doing no examinations,” said Newschannel 3.

 

“I don't need a whole bunch of questions to make a diagnosis if you were to drop dead right here to save your life,” said Dr. Harwell.

 

“You don't need an examination, a review of medical records?” asked Newschannel 3.

 

“I do review their medical records,” said Dr. Harwell. “I do review them.”

 

“We have seen a situation where you have not,” said Newschannel 3.

 

“Well, you show it to me,” said Dr. Harwell. “You are lying.”

 

We were not lying, and we took that video to a state lawmaker to get her reaction. State Senator-elect Tonya Schuitmaker was shocked by what she saw.

 

“Far be it for a legislator to second guess what the voters' intent was,” said Schuitmaker. “That being said, I think it's clearly identifiable that the voters' intent was not to have doctors prescribing marijuana without a thorough examination, without any evidence of chronic pain, out of a hotel room. I think that's just deplorable.”

 

The medical marijuana act is riddled with gray areas and vague language. The question now is what can the legislature do to close the loopholes in the law.

 

“I think we need to hold hearings to determine the gray areas of the law,” said Schuitmaker, “get testimony from the Department of Community Health, which is issuing these forms, see what they're seeing, see if this is an isolated incident.”

 

Between then and now, what can be done? Those in law enforcement put their lives on the line every day to keep illegal drugs off the street, but because of gaps in the law, a person who has no medical reason to have the drug, could get a medical marijuana card.

 

And according to the law, police can't do anything to those people who shouldn't have it, or the doctors who don't follow the guidelines.

 

“As I read the law there are no criminal sanctions at this juncture,” said Capt. Jonathan Uribe, Kalamazoo Public Safety, “the only sanctions are against his own medical license.”

 

Dr. Harwell's clinic is called MMM Clinics and there was a link on the clinic's website to apply for a certification online. That link has recently been taken down.

 

You can learn more about the Michigan Medical Marijuana Act here.

 

 

 

 

Please go to the Source they have Video there to view . People better keep up the fight because others will to open the MMMA to change while we argue about being low key to not make waves . In many clinics records are veiwed before a patient meeting ,information is taken during the appointment setting screening process and verified . I don't know what happened here but it is imperative some prior history exists even if the patient doesnt have insurance . This is sad as so many Doctors are afraid to do recomendations many must fill a very difficult roll in the process . It used to be everyones word was their bond - but now were all guilty until proved innocent . Another sad fact is so many cant get out or travel and these roving clinics or skype are needed . Records are usually looked at prior to a meeting . My problem with all this fuss is if I need pain control and desire Darvon prior to when it was taken off the market for death Nov 21'st per the FDA - a Doctor is allowed to make a subjective evaluation based on my word . They have to be able to do this too treat pain that doesn't care about history , unattainable emperical evidence , or treatment notes . Why is Cannabis treated different ? No system is perfect or ever will be against the gamers ..were helping the real patients for a change who deserve comfort and justice . This is very slanted journalism - obviously we don't need the legislature if there was a problem this goes to the licensing board as mentioned of the Doctor ( MDCH ) ; the patient is refused on renewal .Why would Cannabis be treated different then any other medical matter and have extra penalties ? Lets hope this article doesn't scare patients and Doctors away from the registration process .

 

I know it's against Policy at the U of M to recommend Cannabis in the Pain Clinic and most Hospital Institutions in Michigan are the same ( Pain Contracts deny use ) Doctors who secretely believe in it are running around stating oh no not me , I can't sign without effecting my a career here - there are other alternatives to get your reommendation . In my other Private Practise situaitions the Doc's are scared too of the Goverment and/or Insurance Companies where they get allot of funding and or payments from . Not to mention the research many do that this complicates or competes against . Most Doctors have no motivation to open up to Medical Cannabis what do they or their pharmacuetical reps have to gain ? Some Doctors also won't write not because they don't believe in it but because they determine its not worth the discrimination to their patients .They don't want them to suffer without opertunities in jobs , education or have insurance problems that could lead to death . However we say thats wrong , were willing to take this on because change has to occur now for Patients Out of Time and most of us have no choice were out of options , prohibition against Cannabis is wrong ,especially in medicine , and this works . There is no substitute .

 

 

 

 

http://www.wwmt.com/...ewschannel.html

 

Reed City doctor comes to Ann Arbor to help patients obtain medical marijuana

Topics: Health, News

16 Comments. Comment Now Share this article Print Email Share17 Posted: Jun 12, 2010 at 6:00 PM [Jun 12, 2010]

 

Dr. Edward Harwell didn’t always support medicinal marijuana.

 

The Reed City doctor, who has been coming to Ann Arbor weekly for the past month to assist patients in obtaining medical marijuana, said he was very anti-drug for most of his life.

 

 

 

 

 

But after attending a medical conference on medicinal marijuana use three years ago, Harwell said he has changed his mind.

 

 

 

“They were talking about all the things it was good for so I started studying it,” he said. “It’s very successful at alleviating pain. It’s the only drug you can’t overdose on, it’s not toxic and it’s not addicting.”

 

Harwell, a former neurosurgeon, radiologist and general practitioner, decided to take up the cause after Michigan legalized medical marijuana use in 2008. He's been helping chronically ill patients get the drug for the past two months and is now making weekly trips to Ann Arbor’s Liberty Clinic, where he said he has assisted about 300 patients.

 

Harwell was at the clinic today, seeing patients with the help of two volunteers.

 

“I thought I’d be treating a bunch of hippies trying to get pot. In fact, it’s the reverse,” he said. “Most of them are very active citizens who wouldn’t be able to stand the pain without marijuana.”

 

Patients must book their appointments in advance through the Liberty Clinic, a non-profit organization that provides caregivers - those legally allowed to produce and sell marijuana - to patients eligible to receive the drug. Patients then meet with the doctor in a small room in the second story of 206 S. Main St. where, for $200 or $250 without medical records, they can sit down with Harwell. The doctor and patients discuss their symptoms, medical history and records to determine whether they are eligible for the card.

 

Though Harwell said most of the patients who see him are long-time marijuana users, the vast majority come with the proper medical documentation to prove their illnesses. To apply for a medical marijuana card, a physician must sign a document stating the patient suffers from one of 13 listed medical conditions such as cancer, HIV or Crohn’s disease. Other conditions include glaucoma, Hepatitis C or severe and chronic pain.

 

Pain is something Lansing resident Julie Schneider is familiar with. Schneider, a former California resident who has been using medicinal marijuana for the past three years, drove in to help Halwell check-in patients and organize paperwork.

 

Though she declined to disclose her own medical condition, she said she's seen significant results in how medical marijuana has helped with her pain, as well as its benefits for others. She said she became an advocate of helping others attain medical marijuana after seeing its effects on a friend suffering from multiple sclerosis.

 

“Watching the amazing change with her when she medicates, it’s like night and day," she said. “We’re just scratching the surface of what the compounds in this plant are capable of.”

 

Harwell said even though he generally doesn't do a complete physical examination, his role is necessary. He said many doctors don’t want to certify patients for medical marijuana use because the law is still a little unclear.

 

“I want to (do it),” he said. “I like patients, and I believe in it.”

 

Erica Hobbs is a reporter for AnnArbor.com. Reach her at 734 623-2537 or via e-mail at ericahobbs@annarbor.com.

 

http://www.annarbor....ical-marijuana/

 

 

 

http://www.wwmt.com/...ewschannel.html

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From the desk of Karen O'keefe MPP

 

Doctors with medical marijuana practices who don't do exams or review medical records (and are subject to exposes) have been a significant cause of backlash against medical marijuana both in states with existing laws and those considering them. The Arizona initiative only passed by about 4,000 votes and right before the vote I saw TV clips about docs on Venice Beach with signs that they'd give medical certifications and that didn't adequately evaluate patients. This is a huge talking point of the opposition and it's effective. There is not majority support for legalization and if doctors give recommendations to anyone who complains of pain and merely takes them at their word, voters will feel conned and support may quickly evaporate.

 

The issue of doctors giving recommendations in hotel rooms (or in other non-medical settings) has also caused significant backlash and a doctor in Montana was fined for failing to abide by the state's standard of care. Michigan's law requires recommendations to be made in the context of a bona fide doctor patient relationship, and patients were denied use of the affirmative defense when a court found that was not met.

 

There are several bill requests pending to narrow down — and even repeal — Montana's law and an initiative was circulated for repeal (it was drafted late and only had a couple weeks for signature gathering, otherwise it might have qualified). This is in large part due to the perception that people who are not truly ill are getting recommendations without being qualified.

 

In every state I've worked on medical marijuana bills, there's a concern about these kinds of doctors' practices. As a result: 1) it's harder to pass the laws; and 2) language is inserted restricting the doctor-patient relationship that is quite strict and that could leave behind patients whose own doctors can't or won't recommend (such as veterans who go to the VA).

 

This year a bill was introduced and passed in Colorado to restrict the bona fide patient-physican relationship and similar language will likely be considered in Montana. If people feel the law is being abused (and not used as intended) there will be backlash, and I wouldn't be surprised to see a similar proposal in Michigan.

 

I am not saying this to comment on this particular doctor. I didn't watch the clip, it is a general word of warning based on backlash I'm seeing elsewhere.

 

---------------------------------------

Karen O'Keefe makes a very important point patients should consdier when obtaining certifications .

 

"Michigan's law requires recommendations to be made in the context of a bona fide doctor patient relationship, and patients were denied use of the affirmative defense when a court found that was not met. "

 

 

 

 

I know my clinic required treatment notes , verified at the originators office they were real and examined me thoroughly though the renewal was a little easier . It still required current treatment notes that were verified . They also helped me with all the forms , and after seeing I qualified for the $25 reduced State Fee and my income tax form to verify reduced the fee below their normally stated rates even for those on Medicaid . I see they have now started publishing the lower rate in these instances $100.They do offer some people free help but their in business they have costs . There is no reason to accept less anywhere . Hopefully in a few years when my other Doctors with open minds see the benefit they will just sign like they should .

 

On Mobile medical care it is one of the fastest growing services . Skype for those terminal or homebound is gaining exceptance so are outreach vehicles .

 

http://www.fsvcc.com/medical/index.php?gclid=CImtrYCx06UCFdLLKgoddSfCiw

 

http://www.mobilemedtech.com/

 

http://www.healthdelivery.org/

 

http://mobihealthnews.com/8377/interview-skypes-mobile-health-interest/

 

" You have to fight with education thats the major focus of Compassion Clubs . What have you done to educate your community to the truth ? Read investigate , write letters , state your cause politely , succinctly and stay within the MMMA law . Most State Senetors and Representatives ( politicians in general ) are very uneducated in regards to medical Cannabis as well as have belief systems that have been exposed to propoganda all their lives .

 

This comes from those who profit from capturing , caging , treating and subjugating fellow patients and Norml Citizens . The Health Care , Corperate and Insurance Industries are inkind indoctrinated in similar fashion .Be polite do your best to lead by example that your a better Citizen for your right to Cannabis . You can defeat Goliath with the truth ! " Signed , the spirit that still exists in our hearts of the most beloved " Unbought and Unbossed " !

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The problem here is not the reporting! These type of practices..certifying people with no records, no medical exam..is what is tearing down this program and it reflects negatively on all of us, the truly qualified patients as well as the Dr's who are doing things the right way!!

I agree. I have been telling people for awhile now "you need to be seeing the Dr for everything not just the cert". It is hard to find a Dr to start with and even harder to find one you can see all the time. But if the DR doing the cert wont show up in court to back you then you are SOL.

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  • 1 year later...

i'm glad the AG spends his time filing complaints against doctors instead of doing real work like keeping people from being forclosed upon or ensuring that the trash dumped in michigan from canada isnt full of toxic waste. or keeping us, our water, the great lakes, and the entire state safe from the hazards of fracking which have plagued pennsylvanis.

 

wayne county is being run into the ground by crooks like rob ficano and turkia mullen who got near 1 million dollars for being fired. how can an appointee make $1mil from a broke county? huhhhh. why not file a complaint about her?

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an awsom article, the only problem is the big hospitals will not let their dr.s do certs, my dr. takes care of my pain meds and used to do my renewels, when they moved their office to st.marys in standish, they dinied my renewell last yr, they dont care if im an mm pt, but they will not do the certs any longer, it is their employers and big pharmicuticals that stand in a qualifying pts way,

 

This has to stop and untill it dont, I see nothing wrong with a dr. working out of motel or hotel rooms, lobby's etc, as long as they are doing it in the bonafide dr. pt relationship, you dont have to see your mm dr. but maybe 2 times a yr, once for your cert and a follow up and same the next yr, we need to give some of these dr.s a big Thank You for standing up for common people in pain or dying! if not for the traveling dr.s we would not be able to get certed! I know there may be a few out there not doing it right, lets call them pt mills, they line you up like cattle any one with the fee leaves with a rec. You realy dont even know if you seen a dr. or not, they have many stations they put you thru and not one of them do a physical exam, in fact they ask you what should i put for your ailment!

 

lets not be so hard on some of these dr.s's/friends/activist!

 

Peace

Jim

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I filed an allegation against "DR" Harwell with the State of MI in October of 2010. Apparently others have been filed since then and a formal complaint has finally been issued by the AG's office. I have made a FOIA request for any and all complaints filed on him and will post more when I receive the info.

 

I would assume that given the thousands of certs that he has signed and sold without regard for anyone's actual health, many lives have been ruined!

 

If you are a patient of his and have been prosecuted, or if you have any information about this bad pot doc, PLEASE contact me here. We need to send "Dr." Harwell back to Florida where he was been, retired for the 15 yrs prior to MMMP, enjoying a life of luxury on the first fortune he made actually practicing medicine in Michigan.

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  • 4 weeks later...

Simple solution, the doctor has the right to request a release of medical records.

The doctor supplies the form and the patient in question fills it out. The form is faxed to the primary doctor and they comply with a fax of the patients records.

Real simple stuff. Heck I could open a visiting doctors office and keep records at said office.

Matter of fact I think most medical records are stored on a database that any doctor with a patients information can access. ????

I maybe wrong on that though, but it seems that I recall something along that line.

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