Sb 506

[smokeythebear]

June 21, 2011, Introduced by Senators KAHN, JONES, COLBECK, NOFS, GREEN, MARLEAU,

 

BRANDENBURG, ROCCA, PROOS, SCHUITMAKER, PAPPAGEORGE, BOOHER, MEEKHOF

 

and JANSEN and referred to the Committee on Health Policy.

 

 

 

A bill to amend 2008 IL 1, entitled

 

"Michigan medical marihuana act,"

 

(MCL 333.26421 to 333.26430) by adding section 3a.

 

 

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

SEC. 3A. (A) FOR PUR 1 POSES OF THIS ACT, A PHYSICIAN-PATIENT

 

2 RELATIONSHIP IS NOT BONA FIDE UNLESS THE PHYSICIAN HAS DONE ALL OF

 

3 THE FOLLOWING:

 

4 (1) TAKEN A MEDICAL HISTORY OF THE PATIENT.

 

5 (2) PERFORMED A RELEVANT PHYSICAL EXAMINATION.

 

6 (3) REVIEWED PRIOR TREATMENT AND TREATMENT RESPONSES.

 

7 (4) OBTAINED AND REVIEWED RELEVANT DIAGNOSTIC TEST RESULTS.

 

8 (5) DISCUSSED ADVANTAGES, DISADVANTAGES, ALTERNATIVES,

 

 

 

 

 

OTENTIAL ADVERSE EFFECTS, AND 1 THE EXPECTED RESPONSE TO THE

 

2 RECOMMENDED TREATMENT AND MADE REASONABLE EFFORTS TO ENSURE THAT

 

3 THE PATIENT UNDERSTANDS THAT INFORMATION.

 

4 (6) PROVIDED FOR MONITORING THE PATIENT TO DETERMINE THE

 

5 RESPONSE TO AND ANY SIDE EFFECTS OF THE TREATMENT.

 

6 (7) CREATED AND MAINTAINED RECORDS FOR THE PATIENT.

 

7 (8) NOTIFIED THE PATIENT'S PRIMARY CARE PHYSICIAN, IF ANY.

 

8 (B) NOTWITHSTANDING ANY OTHER PROVISION IN THIS ACT, IF A

 

9 PHYSICIAN'S WRITTEN CERTIFICATION IS ISSUED IN SUPPORT OF A

 

10 REGISTRY IDENTIFICATION CARD WITHOUT FIRST ESTABLISHING A BONA FIDE

 

11 PHYSICIAN-PATIENT RELATIONSHIP AS DESCRIBED IN SUBSECTION (A), BOTH

 

12 OF THE FOLLOWING APPLY:

 

13 (1) THE REGISTRY IDENTIFICATION CARD IS NOT VALID AND PROVIDES

 

14 NO DEFENSE TO A CRIMINAL PROSECUTION UNDER THE LAWS OF THIS STATE.

 

15 (2) THE CERTIFYING PHYSICIAN MAY NOT ASSERT ANY PROTECTION

 

16 OTHERWISE PROVIDED IN THIS ACT IN A CIVIL ACTION OR IN A

 

17 PROFESSIONAL DISCIPLINARY OR LICENSING PROCEEDING

[smokeythebear]

http://legislature.mi.gov/doc.aspx?2011-SB-0506

[sho]

hope thye know this won't do much to hinder registration... I've got everything they want and my Grandma to tell them I should have it. AND the pastor of my church. What more do they want!?

[+EdwardGlen]

Hopefully this action will help close the card mills that are giving legitimate Drs, certification centers, and legitimate Patients a bad name.

[cristinew]

it will make suffering patients have no drs, thats what will happen

 

15 (2) THE CERTIFYING PHYSICIAN MAY NOT ASSERT ANY PROTECTION

 

what drs are going to risk that??

[cristinew]

you can boycott protest that does nothing, we have been protesting in ann arbor for 40 years and michigan has one of the worst cannabis laws in the usa,, just a fact

[hofner67]

there is a SB505 too. restricts growing near churches

[semicaregiver]

I agree that there should be oversight to prevent the certification mills from ruining it for everyone. BUT...

 

Do we want legislators, law enforcement and judges defining medical issues? Wouldn't this issue be better left to the medical board (or whatever they are called).

 

Some of the danger in this seemingly benign change include the following...

 

"RELEVANT PHYSICAL EXAMINATION" Who determines relevant? Law enforcement? A judge? We have already seen two cases where a judge ruled that a michigan licensed doc was not qualified to rec'c mmj.

 

"NOTIFIED THE PATIENT'S PRIMARY CARE PHYSICIAN" Chances are you went to a MMJ doc since your "Primary Care Physician" was unwilling to certify you. There are numerous horror stories of patients "primary doc" refusing to continue to treat them if they use mmj.

[sho]

Contact info for the Senator, shall anyone feel it "necessary" to ask him why he's doing what he's doing today...

 

Office Address:

 

S-324 Capitol Building

 

Mailing Address:

 

Senator Roger Kahn

P.O. Box 30036

Lansing, MI 48909-7536

 

By Phone:

 

(517) 373-1760

 

Toll Free:

 

1-866-305-2132

 

By Fax:

 

(517) 373-3487

 

By Email:

 

senrkahn@senate.michigan.gov

Please include name, address, and phone number.

 

 

http://www.senate.michigan.gov/gop/senators/contact.asp?District=32

[thanks2]

So, If you have crohn's disease , the doctor doing the cert would have to do the biopsy of your colon. What about a cancer biopsy? That is the "relevant physical examination" for cancer. It is usually a different doctor that writing the cert. The same doctor would also have to create the record of the history of your condition. This is not how medicine is currently practiced. Horrible bill.

 

4 (1) TAKEN A MEDICAL HISTORY OF THE PATIENT.

 

5 (2) PERFORMED A RELEVANT PHYSICAL EXAMINATION.

[Darkmatter]

you can boycott protest that does nothing, we have been protesting in ann arbor for 40 years and michigan has one of the worst cannabis laws in the usa,, just a fact

 

You know sometimes I really agree with this. I show up to as many of the protests as I can. You guys have seen me there. They are always peaceful and righteous and attended by great people.

 

When is enough protest enough? Cannabis has been demonized for what about 80 years?

 

Sometimes I just think that we could do better with riots and revolts. At least we could get better results. But I know this is wrong. It would make us no better than them wouldn't it?

 

...or would it?

[cristinew]

I just had to put that up there, i see edward saying boycott all oakland county business, what would that doo NOTHING my uncle owns a restaurant in oakland county, he is a mmj supporter why hurt him?. we need someone big like jimmy carter montel williams ron paul, or someone of that staeture to lobby our house and senate commities, until we do that this effort is useless, the senate does not listin to us, we did a protest in lansing now we have 5 more bills up,,