Is Your Doctor Legit?
the420times | Aug 25, 2010 | Comments 7
By LARRY LECHUGA
According to recent reports, there have been a growing number of fake doctors issuing invalid medical marijuana recommendations in California and Colorado. These “doctors” hand out phony recommendations under the name of board-certified physicians who are clueless as to what is taking place behind their backs.
The presence of fake doctors understandably presents a problem for potential medical marijuana patients. How can patients verify that their doctor is, in fact, legitimate? Which doctors are allowed to recommend medical marijuana? What are some signs of a good doctor?
“I have definitely run across some medical marijuana physicians whose operations were a bit sketchy,” said Will Oppenheim, a medical marijuana patient from Orange County. “But their prices were so low that i was tempted to go their way.”
As you will soon find out, consulting with a good, caring doctor will not only help you choose the correct treatment for your condition, but it will also help you avoid legal troubles down the road. They might be more expensive, but the extra money spent just might pay dividends later on.
Is Your Dr. Legit?
It is legal for any board certified physician to suggest the use of medical marijuana. The first step, then, in verifying the legitimacy of your doctor is to make sure that your doctor is board certified. You can ask for their license number over the phone and verify online that he or she is licensed with the State of California. You can do that by going to the Medical Board of California’s website: http://www.medbd.ca.gov/lookup.html.
You should also ask over the phone to make sure that you will be examined firsthand by the doctor whose name is advertised — don’t settle for a consultation with an “assistant.” “Many of these clinics are advertising that an M.D. will sign the recommendation, but many times they are not physically present and simply fax their signature to the office where someone else takes their vital signs and may or may not do an examination,” said Dr. Sean Breen, a marijuana-recommending physician from Orange County.
But Does Your Doctor Care?
But even if your doctor is board-certified, you want to make sure that you find a doctor that cares. Doing so will help you avoid legal problems down the road.
While caring can manifest itself in many forms, there are two in particular that concern us: you want to make sure that consultations are thorough and that your doctor would show up to court on your behalf if the need should arise.
Thorough Examinations
The Medical Board of California sanctions the use of medical marijuana for approved conditions as long as doctors arrive at their decision to recommend in accordance with the board’s “accepted standards of medical responsibility.”
These standards include the following:
1. History and good faith examination of the patient.
2. Development of a treatment plan with objectives.
3. Provision of informed consent including discussion of side effects.
4. Periodic review of the treatment’s efficacy.
5. Consultation, as necessary.
6. Proper record keeping that supports the decision to recommend the
use of medical marijuana.
As you can see, before recommending any medicine — medical marijuana included — physicians have to methodically evaluate their patients. Thus, as a general rule of thumb, you want to avoid doctors who spend minimal amounts of time with patients. This is important because a quick, slipshod evaluation means that your doctor is probably not adhering to the Medical Board’s guidelines, which can jeopardize the license of your doctor and the legitimacy of your recommendation.
“[A] two to five minute visit doesn’t represent an appropriate evaluation, and one should be suspect about whether such a doctor even if he or she has a legitimate license,” said Dr. William Eidelman, a Los-Angeles-based physician who recommends medical marijuana.
And remember that you must have record of a previously diagnosed condition in order for a doctor to provide a valid medical marijuana recommendation. Some doctors might try to sidestep this important step, thus throwing into question their own legitimacy — and that of your recommendation. “Any doctor that truly cares about his license is going to comply with the state patients must have been previously diagnosed and worked up for their symptoms,” said Dr. Breen.
Will Your Doctor Fight For You?
Another question to consider is whether or not your recommending doctor would appear at court on your behalf. After all, a physician who performs thorough examinations should have no qualms defending their diagnoses in court.
“The main questions patients need to ask of their potential doctor is this: are they available to verify the letter with law enforcement and would they come to court if necessary?” said Dr. Eidelman. “Most cannabis doctors, and especially the low-budget ones, are not doing anything else besides the cannabis recommendation, and not even enough to back up the recommendation should one have law enforcement problems,” he continued.
A New Industry
Maybe it was inevitable that money-hungry phonies would find their way into the medical marijuana industry. But moving forward, how can the industry weed out the fakes? Some suggest that some due diligence on the part of dispensaries can help remedy the problem.
“[A]ll dispensaries should research and contact the clinic if they are not familiar with the doctor who signed the recommendation. They should at least do one on-site visit to introduce themselves to the staff and doctor to make sure the clinic is being run above board and in complete complains with the state medical board,” said Dr. Breen. “This alone would solve many of the issues with fake clinics where doctors are not on-site,” he continued.
Filed Under: 420 Times Exclusives • Best Of The Best • Magazine Stories
How about letting people know about the resorces and laws in europe.
420 med consultations in redding, ca. is completely illegal…they have a p.a. handling the consults, exams, the whole apppt. an m.d. signs the recommendation but he is never seen by the patient if he even exists, they have pre signed templates with the m.d.’s signature on it. they are handing out exempt recommendations like nothing but only tell the patients they can have no more than 99 plants and only writing exempt on the rec., nothing written or spoken about to justify why that patient needs 99 plants. nothing said about them going to court for you, with you. there is more illegal things taking place here but these are the most important. if somebody reads this, then do what you will with this information…PLEASE DO THE RIGHT THING!!!
Is it legal to interview patients and their medical records via Skype and telemedicine? Is that allowed, if the doctor is only trying to verify the patient’s prior medical history? Is there really anything to be learned from an additional physical exam in situations like chronic pain, or other conditions that may be plainly obvious?
420 help (used be called 420 approved centers) in sacramento off watt avenue and the one in antelope are fraudulent too. they cattle people in with dr’s that are on probation and/or aren’t board certified. the staff gave us a 30 day recommendation even if the dr. wasn’t there. we paid the fees up front and got a rec without a dr seeing us. They should be shut down.
IECC IN tEMECULA IS ANOTHER ILLEGAL PLACE THEY LOST ALL THEIR DOCTORS AND NOW HAVE TELEMEDICINE EVALUATIONS.ALL THEIR DOCS LOST THEIR LICENSES. SO WHO IS BEHIND THE WEB CAMEREA?DONT GO THERE.WHY WASTE YOUR MONEY, YOU MIGHT AS WELL DO IT ILLEGALLY, SINCE THESE RECOMMENDATIONS ARE NOT WORTH A SH*T
Over 100,000 Illegal Medical Marijuana Cards Issued in California
If you are a Medical Marijuana Patient with a letter of recommendation from a doctor to consume Medical Marijuana you could still be breaking the law; your Medical Marijuana Recommendation may be invalid. In the last decade entrepreneurs in California have taken to the Medical Marijuana Industry, many of which have started Low Cost Medical Marijuana Doctors Offices and are issuing Medical Marijuana Cards or Medical Marijuana Letter of Recommendations illegally. Here is what the California Medical Board and Jr. Governor Brown is saying about it and how to make sure your doctor is legitimate.
ATTENTION DISPENSARIES
HOW TO VERIFY A MEDICAL MARIJUANA CLINIC
STATE AND CONSUMER SERVICES AGENCY Department of Consumer Affairs DMUND G. BROWN, Jr., Governor
MEDICAL BOARD OF CALIFORNIA Licensing Program June 14, 2011
It has come to the attention of the California Medical Board that there are a wide variety of Medical Marijuana Evaluation clinics that are operating in an UNLICENSED capacity, which is clear violation of State of California Law, and is an offense punishable by CRIMINAL PROSECUTION, FINES, INCARCERATION and LOSS OF ALL CA MEDICAL LICENSES. The State of California Medical Board is currently investigating all UNLICENSED and ILLEGAL Medical Marijuana Clinics who are issuing Marijuana Recommendations to patients in violation of California Law.
The law clearly states that not only is the physician required to have their medical license RENEWED and CURRENT, but the clinic where patients are being seen is also required to have RENEWED and CURRENT Factious Name Permit.
As a matter if California Law it is your legal obligation to educate your volunteers and your patients and to ensure that the medical marijuana clinic where they receive their recommendations:
Are Operating LEGALLY;
Are LICENSED to practice medicine in the State of California by evidencing a RENEWED and CURRENT Factious Name Permit License Number,
Are in compliance with State of California Medical Board rules and regulations as well as in compliance with California Law.
ONLY A LICENSED CALIFORNIAPHYSICIAN can own, control and operate a medical clinic (I.e., practice). It is against California Law, for LAY PEOPLE (I.e. unlicensed persons) to operate, own, control, a medical clinic. The law clearly states that the medical clinic must be organized as a Professional California Corporation which can only be obtained from the State of California by a licensed physician.
If a LAY PERSON (I.e., unlicensed person) is known to or represents that they own, control and/or operate a medical practice, they will be CRIMINALLY PROSECUTED to the fullest extent of California Law.
It is Your LEGAL OBLIGATION to Verify EVERY Medical Marijuana Clinic:
As required by California Law Proposition 215 & SB 420 it is your legal duty to VERIFY every recommendation for every patient prior to allowing that patient entry into your dispensary. If a patient DOES NOT have a valid recommendation, they CANNOT enter and obtain medication.
It is your LEGAL OBLIGATION and LEGAL RESPONSIBLITY to VERIFY every Medical Marijuana Clinic to make sure that they are LICENSED and operating LEGALLY in order to protect patients and to ensure that ILLEGAL Medical Marijuana Clinics STOP OPERATING and stop endangering the lives and health of patients who seek medical help for their medical problems and believe that they are visiting a LEGAL and LICENSED medical marijuana clinic.
STATE AND CONSUMER SERVICES AGENCY – Department of Consumer Affairs EDMUND G. BROWN, Jr., Governor
MEDICAL BOARD OF CALIFORNIA Licensing Program June 14, 2011
HOW TO VERIFY IF A MEDICAL MARIJUANA CLINIC IS LICENSED TO PRACTICE MEDICINE IN THE STATE OF CALIFORNIA
When does a Medical Marijuana Clinic need a fictitious name permit?
If you are a LICENSED PHYSICIAN and SURGEON, practicing under a fictitious, false or assumed name in any public communication, advertisement, sign or announcement.
Example: “ABC Evaluation Center”.
2. How do I Verify a Medical Marijuana Clinic to Make Sure They Are Legally Licensed to Practice Medicine in the State of California?
A. Please visit: http://www.medbd.ca.gov
B. Then please click on the LICENSEES TAB on top or go to: http://www.medbd.ca.gov/licensee
C. On the left side (Quick Links) please click on Fictitious Name Permit or go to: http://www.medbd.ca.gov/licensee/fictitious_name.html
D. Click on Name Search for Fictitious Name Permit:
E. Enter the EXACT NAME of the Medical Marijuana Clinic as advertised in the Business Name field to search for a valid Fictitious Name Permit, meaning that the FNP Permit is (I.e., License Renewed & Current); Example: “ABC Evaluation Center”.
I. If your search reveals the EXACT NAME of ABC Evaluation Center as advertised by the Medical Marijuana Clinic and the FNP licensed in RENEWED and CURRENT, this constitutes a LEGAL MEDICAL MARIJUANA CLINIC;
Ii. If your search DOES NOT reveal the EXACT NAME as advertised of ABC Evaluation Center and NO RECORDS RETURNED is the result and ABC Evaluations Center DOES NOT have a FNP License Renewed & Current, that means that this medical practice is OPERATING ILLEGALLY and in clear VIOLATION of California Law and California Medical Board Rules and Regulations;
Iii. Such ILLEGAL and UNLICENSED medical clinics marijuana clinics will be INVESTIGATED and CRIMINALLY PROSECUTED to the fullest extent of the law;
Iv. Furthermore, ALL recommendations that are issued by ILLEGAL and UNLICENSED medical marijuana clinics will be REVOKED without notice.
In closing, recommendations issued by UNLICENSED/ILLEGAL medical marijuana clinics are INVALID and will be REVOKED. It is estimated that over 100,000 patients in the State of California have been issued recommendations by ILLEGAL and UNLICENSED medical marijuana clinics. For further questions, call the State of California Medical Board Licensing Program at (916) 263- 2382 or (800) 633-2322.
STATE AND CONSUMER SERVICES AGENCY – Department of Consumer Affairs EDMUND G.
CannaMed on Why Over 100,000 Illegal Medical Marijuana Cards Were Issued in California by 85% of Medical Marijuana Clinics
In the last couple months Medical Marijuana patients have been coming to CannaMed of Thousand Oaks angry that their recommendations letters from other doctor’s offices are not valid. CannaMed investigated and this is what they found. Medical Marijuana patients with a letter of recommendation from a doctor to consume Medical Marijuana could still be breaking the law and denied their medication by their local dispensary because their doctor does not have a fictitious name filing with the California Medical Board. June of 2011 the California Medical Board sent an announcement to dispensaries across California informing the dispensaries that it is their responsibility to verify that the recommending doctor is practicing legally by making sure they have a fictitious name filing with the California Medical Board. Below are the two letters from the Medical board.
Attention Dispensaries How to verify a Medical Marijuana clinic State and consumer services agency Department of Consumer Affairs Edmund G. Brown, Jr., Governor
Medical board of California Licensing Program June 14, 2011
It has come to the attention of the California Medical Board that there are a wide variety of Medical Marijuana evaluation clinics that are operating in an unlicensed capacity, which is clear violation of state of California law, and is an offense punishable by criminal prosecution, fines, incarceration and loss of all ca Medical licenses. The state of California Medical Board is currently investigating all unlicensed and illegal medical Marijuana clinics who are issuing Marijuana recommendations to patients in violation of California law.
The law clearly states that not only is the physician required to have their medical license renewed and current, but the clinic where patients are being seen is also required to have renewed and current factious name permit.
As a matter if California Law it is your legal obligation to educate your volunteers and your patients and to ensure that the medical Marijuana clinic where they receive their recommendations:
1. Are Operating legally;
2. Are licensed to practice medicine in the State of California by evidencing a renewed and current factious name permit license number,
3. Are in compliance with State of California Medical Board rules and regulations as well as in compliance with California Law.
Only a licensed California physician can own, control and operate a medical clinic (I.e., practice). It is against California law, for lay people (I.e. unlicensed persons) to operate, own, control, a medical clinic. The law clearly states that the medical clinic must be organized as a Professional California Corporation which can only be obtained from the State of California by a licensed physician.
If a lay person (I.e., unlicensed person) is known to or represents that they own, control and/or operate a medical practice, they will be criminally prosecuted to the fullest extent of California law.
It is your legal obligation to verify every medical marijuana clinic:
As required by California law Proposition 215 & SB 420 it is your legal duty to verify every recommendation for every patient prior to allowing that patient entry into your dispensary. If a patient does not have a valid recommendation, they cannot enter and obtain medication.
It is your legal obligation and legal responsibility to verify every medical marijuana clinic to make sure that they are licensed and operating legally in order to protect patients and to ensure that illegal medical marijuana clinics stop operating and stop endangering the lives and health of patients who seek medical help for their medical problems and believe that they are visiting a legal and licensed medical marijuana clinic.
State and Consumer Services Agency – Department of Consumer Affairs Edmund G. Brown, Jr., Governor Medical Board of California Licensing Program June 14, 2011
How to Verify If a Medical Marijuana Clinic Is Licensed To Practice Medicine in the State Of California
1. When does a medical marijuana clinic need a fictitious name permit?
a. If you are a licensed physician and surgeon, practicing under a fictitious, false or assumed name in any public communication, advertisement, sign or announcement. Example: “ABC Evaluation Center”.
2. How do I verify a medical marijuana clinic to make sure they are legally licensed to practice medicine in the state of California? A. Please visit: http://www.medbd.ca.gov
B. Then please click on the licensees tab on top or go to: http://www.medbd.ca.gov/licensee
C. On the left side (Quick Links) please click on fictitious name permit or go to: http://www.medbd.ca.gov/licensee/fictitious_name.html
D. Click on name search for fictitious name permit:
E. Enter the exact name of the medical marijuana clinic as advertised in the business name field to search for a valid fictitious name permit, meaning that the fnp permit is (I.e., License Renewed & Current); Example: “ABC Evaluation Center”.
I. If your search reveals the exact name of abc evaluation center as advertised by the medical marijuana clinic and the fnp licensed in renewed and current, this constitutes a legal medical marijuana clinic;
Ii. If your search does not reveal the exact name as advertised of abc evaluation center and no records returned is the result and abc evaluations center does not have a fnp license renewed & current, that means that this medical practice is operating illegally and in clear violation of California law and California Medical Board rules and regulations;
Iii. Such illegal and unlicensed medical clinics marijuana clinics will be investigated and criminally prosecuted to the fullest extent of the law;
Iv. Furthermore, all recommendations that are issued by illegal and unlicensed medical marijuana clinics will be revoked without notice.
In closing, recommendations issued by unlicensed/illegal medical marijuana clinics are invalid and will be revoked. It is estimated that over 100,000 patients in the State of California have been issued recommendations by illegal and unlicensed medical marijuana clinics. For further questions, call the State of California Medical Board Licensing Program at (916) 263- 2382 or (800) 633-2322.
State and Consumer Services Agency – Department of Consumer Affairs Edmund G. Brown, Jr., Governor
Medical Board of California Licensing Program June 11, 2011
The industry is in a frantic because of this. 85% of the medical marijuana clinics are breaking the law and hundreds of thousands of patients have been ripped off. There are great clinics out there one of which is run by Louis J Rosner M.D. with an FNP number of FNP38833 for CannaMed of Thousand Oaks. You can verify this by clicking here: http://www2.dca.ca.gov/pls/wllpub/WLLQRYNA$LCEV2.QueryView?P_LICENSE_NUMBER=38833&P_LTE_ID=795
CannaMed started in Thousand Oaks and has been issuing recommendation letters to the seriously ill for years and is one of the most respected and pioneers in the industry. CannaMed now has other medical marijuana clinics in California and is setting the example for which medical marijuana recommendations and medical marijuana cards should be done.
List of CannaMed Locations:
• 280 E. Thousand Oaks Blvd. Suite G Thousand Oaks CA, 91360
• 225 E. Carrillo St. Suite 303 Santa Barbara CA, 93101
• 22600 Ventura Blvd. Suite 103 Woodland Hills CA, 91364
Visit CannaMed of Thousand Oaks website here http://www.CannaMed.com for more information.