Ag Files Formal Complaint Against Dr Harwell...

[sickofmmmp]

Just this week, i noticed a formal complaint filed by the AG's office against Dr. Edward Harwell of Triple M Clinics. The smokescreen clears.

[MIMEDGROW]

link to any outside info?

[sickofmmmp]

http://www7.dleg.state.mi.us/free/publicinfo.asp?rb_name=ON&rb_facility=&l_person_id=105483&l_profession_id=43&l_license_id=105951&Last_Name=HARWELL&First_Name=&License_number=&Facility_Name=&DBA_Name=&profession=0&offset=0

[2grnthmbs]

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.

[GanjaWarrior]

yes at least a couple bad doctors in Michigan need to be weeded out.... if you break the law, or work with politician to put more hardship on pts so you can charge more money via forcing more visits...or any such things like that.....bad doctors are not a new thing....if they went after all the bad doctors pushing pills they might just save a life.....

[Holistic1]

The only complaint filed against Dr. Harwell was by 2grnthmbs, a disgruntled former employee of Dr. Harwell's. The disposition of that complaint has yet to be determined.

[2grnthmbs]

I am not the only one who filed a complaint against Dr. Harwell. The Administrative Complaint filed by the AG's office mentions 7 different patients, a law enforcement officer and a news reporter. FYI... I don't know any of the others.

[Restorium2]

I am not the only one who filed a complaint against Dr. Harwell. The Administrative Complaint filed by the AG's office mentions 7 different patients, a law enforcement officer and a news reporter. FYI... I don't know any of the others.

What exactly did he do again? You are a former employee of his?

[TheHarvester]

It would be nice to get the full story on this.

[2grnthmbs]

Here's the AG's Complaint Against Dr. Harwell.... sorry for the bad fomatting. I copied from a PDF.

STATE OF MICHIGAN

DEPARTMENTO F LICENSING AND REGULATORY AFFAIRS

BUREAU OF HEALTH PROFESSIONS

BOARD OF MEDICINE

DIS CIPLINARY SUB COMMITTEE

In the Matter of

EDWARD L. HARWELL, M.D.

LicenseN o. 43-01-025505 ComplaintN o. 43-11-119199

| (consolidatedw ith 43-10-118036)

ADMINISTRATIVE C OMPI,AINT

Attorney General BiIl Schuette, through Assistant Attorney General John R.

Wright, on behalf of the Department of Licensing and Regulatory Affairs, Bureau of

Health Professions (Complainant), files this Complaint against Edward L. Harwell,

M.D., (Respondent), alleging upon information and belief:

1. The Board of Medicine (Board), an administrative agency established

by the Public Health Code (Code), 1978 PA 368, as amended; MCL 333.1101 et seq.,

is empowered to discipline licensees under the Code through its Disciplinary

Subcommittee

2. At all times relevant to this complaint, Respondent held a license to

practice Medicine- Respondent is certified by the American Board of Radiology and

the American Board of Nuclear Medicine. Respondent also hold,s a license to

practice medicine in Florida.

3. Section 16213 of the Code requires Respondent to keep and maintain a

record for each patient for whom he has provided medical services, including a full

and complete record of tests and examinations performed, observations made, and

treatments provided for a minimum of 7 years unless a longer retention period is

otherwise required under federal or state laws or regulations or by generally

accepted standards of medical practice.

4. Section t622L(a)of the Code provides the DSC with authorrty to take

disciplinary action against Respondent for a violation of a general duty, consisting

of negligence or failure to exercise due care, includ,ing negligent delegation to, or

supervision of employees or other individuals, whether or not injury results, or any

conduct, or condition which impairs, or may impair, the ability to safely and

skillfuIly practice medicine.

5. Section 16221&)(i) of the Code provides the DSC with authority to take

disciplinary action against Respondent for incompetence, defi.ned at section

16106(1) to mean: "[A] departure from, or failure to conform to, minimal standards

of acceptable and prevailing practice for a health profession whether or not actual

injury to an individual occurs."

2

6. Section 16221(b)(vi) of the Code provides the DSC with authority to

take disciplinary action against Respondent for lack of good moral character,

defined at section I of 1974 PA 381, as amended; MCL 338.41 et seq., as the

propensity on the part of the person to serve the public in the licensed area in a fair,

honest, and open manner.

7. Section 16221(e)(iii) of the Code provides the DSC with authority to

take disciplinary action for promotion for personal gain of an unnecessary drug,

device, treatment, procedure, or service.

8. Section l622Iftr) of the Code provides the DSC with authority to take

disciplinary action for a violation, or aiding or abetting in a violation, of Article 15

or of a rule promulgated under Article 15-

9. Section 1622t(l) of the Code provides the DSC with authority to take

disciplinary action for failure to comply with a subpoena issued pursuant to the

Code.

10. Section 16226 of the Code authorizes the DSC to impose sanctions

against a person's license by the Board if, after opportunity for a hearing, the DSC

determines that a licensee violated one or more of the subdivisions contained in

section 1622L of the Code.

3

FACTUAL AILEGATIONS

11. Respondent is the owner and operator of Triple M Clinics located at

201 N. Mitchell in Cadillac, Michigan. He also owns and operates Liberty Clinic

Iocated at 2500 Packard Ave. in Ann Arbor, Michigan. The primary purpose of

these two clinics is to certify interested persons for the Michigan Medical

Marihuana Program (MMMP).

72. In addition to his clinics in Cadillac and Ann Arbor, Respondent

travels the state and meets people in various locations in order to certifu them, and

will also make house calls if a person seeking to be certified is homebound.

13. Respondent charges $150 for fi.rst time applicants and $100 for

renewals. When he first began performing evaluations for the MMP, he charged

$250 for persons who did not bring medical records to the first visit and $200 if a

person did. Respondent no longer requires prior medical records when evaluating

persons for the MMP.

L4. In October 2009, Respondent hired his close relative and patient of 10

years, S.H. (initials used to maintain patient confidentiality), as an independent

contractor in the capacity of a business manager. Her duties included the

establishment, promotion, administration, and management of Respondent's

medical marijuana certification clinics. After working in this capicity for some

time, S.H. becamec concered about Respondent's evaluation process and sought

Iegal counsel. She concluded that Respondent's evaluations were below the

minimum standards of acceptable and prevailing practice. S.H. notified Respondent

that his evaluations were deficient, encouraged him to seek legal counsel, and

resigned from her position shortly thereafter when he did not.

15. In November or December 20IO, WWMT News Channel 31 reporter

Josh Roe,p ublished a two-part story entitled, "Smokescreen,"t hat involved an

independent undercover investigation into Respondent's medical practice. Roe sent

a male person ('person'), whose identity remains confidential, into a hotel where

Respondent supposedty held a medical marijuana certification clinic. The person

met with Respondent and after a short conversation and exchange of cash, left the

hotel with a signed Certification. Mr. Roe then confronted Respondent on camera

and Respondent denied any wrongdoing. WWMT News Channel 3 aired the story

on television and hosted the video of the fraudulent evaluation and later

confrontation of Respondent on its website. Mr. Roe referred this story to

Kalamazoo Public Safety Offi.cer, Sgt. Bradley Misner for criminal investigation.

16. On January 2I,20t'l-, Sgt. Misner, reported the news story to the

Department, as well as his investigation of 5 MMP registrants, including patient

S.O. Sgt. Misner learned that S.O. received his Physician Certification from

Respondent after he visited. him at the Baymont Hotel in Kalamazoo, Michigan. At

1A television station covering Grand Rapids, Battle Creek, and Kalamazoo news.

the hotel, S.O. paid Respondent $250 in cash and did not provide any medical

records. During the "evaluation," Respondent did not examine S.O. and only asked

him a few questions before signing his forms. On September 9, 2011, the

Department issued a subpoena to Respondent requesting all patient records for S.O.

On December 14, 2011. Respondent's counsel sent a letter to the Department

stating that the records for S.O. "appear to be missing." Respondent failed to

maintain patient records for S.O. and failed to properly evaluate him.

7 . On June 6, 201,P atient A.J.H., then 19-years-oldp, resentedt o

Respondent at the "Tree for Life" conference in Whitehall, Michigan, in order to

obtain a Physician s Certffication for the MMP. Afber paying $150 cash and a short

visit, A.J.H. Ieft the conference with a signed Physician's Certification and

marijuana. On September 9,20L1, the Department issued a subpoena to

Respondent requesting all patient records for A.J.H. On December 14, 20IL,

Respondent's counsel sent a letter to the Department stating that the records for

A.J.H. "appear to be missing." Respondent failed to maintain patient records for

A.J.H. and failed to properly evaluate him.

18. On June 6,2OII, A.J.H.'s friend, 8.C., went with him to the "Tree of

Life" conference and obtained a Physician's Certifi.cation from Respondent in the

same manner. On September 9, 20LI, the Department issued a subpoena to

Respondentr equesting all patient record.sf or B.C. On December 14, 20L1,

6

Respondent's counsel sent a letter to the Department stating that the records for

B.C. "appear to be missing." Respondent failed to maintain patient records for B.C.

and failed to properly evaluate him.

19. On September 18, 2010, Patient H.M.L. presented to Respondent at

Triple M Clinics in order to become certified for the MMP. H.M.L. had significant

elevation in blood pressure, and this went completely unaddressed by Respond,ent.

Respondent failed to personally deal with H.M.L.'s significant elevation in blood

pressure or to refer her to another health professional.

20. Respondent's patient record for H.M.L. is grossly inadequate and lacks

any evidence that he completed a full assessment of H.M.L.'s medical history. Also,

Respondent did not fully evaluate the H.M.L.'s symptoms of pain. At most,

Respondent performed a cursory examination below the minimum standards of

acceptable and prevailing practice.

2I. A thorough evaluation for complex conditions, such as those approved

under the Michigan Medical Marihuana Act Q[MMA), Initiated Law 1 of 2008,

MCL 393.2642Le t seq.,r equires Respondentt o obtain copieso f treatment records to

determine the nature of the patients diagnostic and therapeutic history.

Respondent did not obtain or review any prior treatment records for H.M.L.

Respondent failed to properly evaluate H.M.L. and did not fully assess H.M.L.'s

medical history.

22. On September 12,2010, Patient A.J.M. presented to Respondent at

Triple M Clinics in order to become certified for the MMP. A.J.M. had signifi.cant

elevation in blood pressure and this went completely unaddressed by Respondent.

Respondent failed to personally deal with A.J.M.'s signifi,cant elevation in blood

pressure or to refer him to another health professional.

23. Respondent's patient record for A.J.M. is grossly inadequate and lacks

any evidence that he completed a full assessment of A.J.M.'s medical history. Also,

Respondent did not fully evaluate A.J.M.'s symptoms of pain. At most, Respondent

performed a cursory examination below the minimum standards of acceptable and

prevailing practice.

24. A thorough evaluation for complex conditions, such as those approved

under the MMMA, requires Respondent to obtain copies of treatment records to

determine the nature of the patients' diagnostic and therapeutic history.

Respondent did not obtain or review any prior treatment records for A.J.M.

Respondent failed to properly evaluate A.J.M. and did not fully assess A.J.M.'s

medical history.

 

COUNT I

25. Respondent's conduct as described above constitutes negligence in

violation of SectionL 6227(a)o f the Code.

COUNT II

26. Respondent's conduct as described above constitutes in competence in,

violation of Section1 6221(b)(i) of the Code.

COUNT III

27. Respondent's conduct as described above constitutes a lack of good

moral character,in violationo f Section1 622l(b)(vi) of the Code.

COUNT IV

28. Respondent's conduct as described above constitutes promotion of or personal gain of an unnecessary drug, device, treatment, procedure, or service, in

violationo f Sectiont 622L(e)(1ii) of the Code.

COUNT V

29. Respondent's conduct as described above constitutes a failure to

maintain medical records, contrary to Section1 6213 of the Code,in violation of

SectionL 622(b) of the Code.

COUNT VI

30. Respondent's conduct as described above constitutes failure to comply

with a subpoena issued pursuant to the Code, in violation of Section L622L(i) of the

Code.

THEREFORE, Complainant requests that this complaint be served upon

Respondent and that Respondent be offered an opportunity to show compliance with

all lawfirl requirements for retention of aforesaid license. If compliance is not

shown, Complainant further requests that formal proceedings be commenced

pursuant to the Public Health Code, rules promulgated pursuant to it, and the

Administrative Procedures Act of 1969. 1969 PA 306. as amended: MCL 24.207 et

seq.

RESPONDENT IS HEREBY NOTIFIED that, pursuant to section 16231(7) of

the Public Health Code, Respondent has 30 days from receipt of this complaint to

submit a written response to the allegations contained in it. The written response

shall be submitted to the Bureau of Health Professions, Department of Community

Health, P.O. Box 30670, Lansing, Michigan 48909, with a copy to the undersigned

assistant attorney general. Further, pursuant to section 16231(8), failure to submit

a written response within 30 days shall be treated as an admission of the

allegations contained in the complaint and shall result in transmittal of the

10

I

complaint directly to the Boards Disciplinary Subcommittee for imposition of an

appropriate sanction.

Re spectfirlly Sub mitted,

BILL SCHUETTE

Attorney General

 

John R. Wright e74220)

Assistant Attorney General

Licensing & Regulation Division

P.O. Box 30758

Lansing, MI48909

Dated: August 30,2012 (517) 373-1146

S:\L&R-Users\Wrigh$ l4\Health Cases 2012\Harwell MD\Harwell P AC.Doc

[Chauncy Gardner]

You know, just the fact that a person needs a Dr.s recommendation to smoke pot is absurd. This is a drug that has no, that's ZERO, history of ever causing anyone any problems, let alone sickness or death. I think a lot of people recognize this and can see through Bill Schuette's pathetic attempt at imposing his conservative will on society. I mean it is laughable that he is taking this whole thing so seriously. He must be aware of the fact that cannabis has no adverse side effects, so his crusade against pot must be based on the conservative view that says pot is somehow "evil". He probably whole heartedly endorses the friends and neighbors who go off to church each Sunday and get worked up to a heated fever by a pastor who conjurs up images of heaven and hell for his neurotic flock, yet he will condemn a person who ingests a harmless substance that makes the person feel whole in God's eyes without the need of a minister or a church. People in the future will look back on this period of time and marvel at how some in our society could have been so punitive.

 

This whole attempt at restricting medical marijuana is going to backfire on Schuette and he may come out looking like a fool.

[Holistic1]

Well said Chauncy Gardner.

[shishka]

Sounds like a very compassionate Dr.

[Bison]

So, why should we help send someone to jail? I smell BS...

[Restorium2]

They do need to keep records. It would be very unfortunate to need a doctor to testify that didn't keep any records. IF he didn't, he wasn't really helping anyone. Let the system sort them out, just like all those doctors that do the same thing with pills. Many, many more do the same thing with pills. They have been dealing with that for a long time now and should be good at it. Our doctors are tame compared to the pill head docs. But once in a great while we get one of those pill head types in the cannabis field. They spill over.

[2grnthmbs]

They do need to keep records. It would be very unfortunate to need a doctor to testify that didn't keep any records. IF he didn't, he wasn't really helping anyone. Let the system sort them out, just like all those doctors that do the same thing with pills. Many, many more do the same thing with pills. They have been dealing with that for a long time now and should be good at it. Our doctors are tame compared to the pill head docs. But once in a great while we get one of those pill head types in the cannabis field. They spill over.

 

My point EXACTLY.

[+Malamute]

Did anyone ever actually take the time to speak with this physician and help him and explain to him how to come into better compliance with standards surrounding medical cannabis?

 

I find 2grnthumbs there to be exhibiting rather disgusting behaviour myself.

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

 

I mean really? Seriously? How over the top crazy is that. This sounds like someone with an agenda. I would suggest keeping your own life in order.

 

 

And then this reckless statement here shows some of the problems we have surrounding medical cannabis and people who are possibly just taking advantage of it:

 

 

You know, just the fact that a person needs a Dr.s recommendation to smoke pot is absurd. ...I mean it is laughable that he is taking this whole thing so seriously.

 

It is not absurd, nor is it laughable at all. Is this about medical or recreational?

 

 

I just think we could have worked with this physician to avoid this problem of recommending for recreational users, ahem, and it is possible we need to take this program a little more seriously ourselves as a community.

[beourbud]

I just think we could have worked with this physician to avoid this problem of recommending for recreational users, ahem, and it is possible we need to take this program a little more seriously ourselves as a community.

 

Right On

[rambozo420]

so if you can't afford the price you must be a recreational user LOL

[2grnthmbs]

Matt Abel is appealing to patients who feel they may be at risk due to their association with this Dr. as well. The following website has an article posted about Dr. H and when I called the number, that is who they referred me to. http://firstnaturalalternatives.com/?p=232

[Chauncy Gardner]

Edited: I was going to say something, but I don't think this is the right forum for what I was going to say.

Edited October 24, 2012 by Chauncy Gardner

[+Malamute]

Wow.... i mean wow! You are truly clueless my friend.

 

Cannabis reduces inflammation and can numb nerve pain. Read a book sometimes.

 

And what about its use for Chrohns disease, and epilepsy and spasmodic problems. Do they just happen to forget they are having seizures?

 

Sorry chauncy but you are way off base here.

 

And yes there are adverse side effects to using cannabis. Just because it doesnt kill you does not mean there are not side effects you should know about and that may effect small percentages of the population and must be known by patients.

Edited October 24, 2012 by Malamute