The effects of Section 301 from my point of view (SB 5073)

I have been sent some information from the ACLU that states that the added lingo from Section 301 is actually stronger protections (for doctors).

The stricken language you’re referencing was actually replaced with stronger protections: “a health care professional may not be arrested, searched, prosecuted, disciplined, or subject to other criminal sanctions or civil consequences or liability under state law, or have real or personal property searched, seized, or forfeited pursuant to state law, notwithstanding any other provision of law …” See Sec. 301, p. 10, lines 4-8 of the bill as passed by the legislature.

 

I have to disagree.   I realize that the lingo looks good above part 2b of Section 301.  But reading further down you will see why the removed lingo is so critical to my point of Section 301 being dangerous for doctors.

http://apps.leg.wa.gov/documents/billdocs/2011-12/Pdf/Bills/Senate%20Passed%20Legislature/5073-S2.PL.pdf

32 PART III
33 PROTECTIONS FOR HEALTH CARE PROFESSIONALS
34 Sec. 301. RCW 69.51A.030 and 2010 c 284 s 3 are each amended to
35 read as follows:
36 ((A health care professional shall be excepted from the state’s
p. 9 E2SSB 5073.PL
1 criminal laws and shall not be penalized in any manner, or denied any
2 right or privilege, for)) (1) The following acts do not constitute
3 crimes under state law or unprofessional conduct under chapter 18.130
4 RCW, and a health care professional may not be arrested, searched,
5 prosecuted, disciplined, or subject to other criminal sanctions or
6 civil consequences or liability under state law, or have real or
7 personal property searched, seized, or forfeited pursuant to state law,
8 notwithstanding any other provision of law as long as the health care
9 professional complies with subsection (2) of this section:
10 (((1))) (a) Advising a ((qualifying)) patient about the risks and
11 benefits of medical use of ((marijuana)) cannabis or that the
12 ((qualifying)) patient may benefit from the medical use of ((marijuana
13 where such use is within a professional standard of care or in the
14 individual health care professional’s medical judgment)) cannabis; or
15 (((2))) (b) Providing a ((qualifying)) patient meeting the criteria
16 established under RCW 69.51A.010(26) with valid documentation, based
17 upon the health care professional’s assessment of the ((qualifying))
18 patient’s medical history and current medical condition, ((that the
19 medical use of marijuana may benefit a particular qualifying patient))
20 where such use is within a professional standard of care or in the
21 individual health care professional’s medical judgment.
22 (2)(a) A health care professional may only provide a patient with
23 valid documentation authorizing the medical use of cannabis or register
24 the patient with the registry established in section 901 of this act if
25 he or she has a newly initiated or existing documented relationship
26 with the patient, as a primary care provider or a specialist, relating
27 to the diagnosis and ongoing treatment or monitoring of the patient’s
28 terminal or debilitating medical condition, and only after:
29 (i) Completing a physical examination of the patient as
30 appropriate, based on the patient’s condition and age;
31 (ii) Documenting the terminal or debilitating medical condition of
32 the patient in the patient’s medical record and that the patient may
33 benefit from treatment of this condition or its symptoms with medical
34 use of cannabis;
35 (iii) Informing the patient of other options for treating the
36 terminal or debilitating medical condition; and
37 (iv) Documenting other measures attempted to treat the terminal or
E2SSB 5073.PL p. 10
1 debilitating medical condition that do not involve the medical use of
2 cannabis.
3 (b) A health care professional shall not:
4 (i) Accept, solicit, or offer any form of pecuniary remuneration
5 from or to a licensed dispenser, licensed producer, or licensed
6 processor of cannabis products;
7 (ii) Offer a discount or any other thing of value to a qualifying
8 patient who is a customer of, or agrees to be a customer of, a
9 particular licensed dispenser, licensed producer, or licensed processor
10 of cannabis products;
11 (iii) Examine or offer to examine a patient for purposes of
12 diagnosing a terminal or debilitating medical condition at a location
13 where cannabis is produced, processed, or dispensed;
14 (iv) Have a business or practice which consists solely of
15 authorizing the medical use of cannabis;
16 (v) Include any statement or reference, visual or otherwise, on the
17 medical use of cannabis in any advertisement for his or her business or
18 practice; or
19 (vi) Hold an economic interest in an enterprise that produces,
20 processes, or dispenses cannabis if the health care professional
21 authorizes the medical use of cannabis.
22 (3) A violation of any provision of subsection (2) of this section
23 constitutes unprofessional conduct under chapter 18.130 RCW.

Where this:

p. 9 E2SSB 5073.PL
1 criminal laws and shall not be penalized in any manner, or denied any
2 right or privilege, for))

.. is removed, and where the new qualifications are added, there are provisions for penalties that are new and were non-existent in the Washington code in the past.
http://apps.leg.wa.gov/rcw/default.aspx?cite=69.51A.030

I used yellow highlighter to emphasize the parts that I feel are dangerous.

I am no lawyer, and in fact, I am not even positive if Section 301 was passed.  But according to the report from the Governor’s report Section 301 does not appear to be vetoed.
But in my opinion the RCW 69.51a.030 is much more exclusive in the protections for doctors, and does not refer to a long laundry list of guidelines that must be followed to qualify for the protections.

So if Section 301 made it past the Governor’s desk, I think that this is very dangerous to the doctor and patient relationship.

There are other sections that apply to dispensers that I will comment on in a future post.
Section 404 is especially dangerous to providers as well as many other parts.

(2)(a) A health care professional may only provide a patient with
23 valid documentation authorizing the medical use of cannabis or register
24 the patient with the registry established in section 901 of this act if
25 he or she has a newly initiated or existing documented relationship
26 with the patient, as a primary care provider or a specialist, relating
27 to the diagnosis and ongoing treatment or monitoring of the patient’s
28 terminal or debilitating medical condition, and only after:
29 (i) Completing a physical examination of the patient as
30 appropriate, based on the patient’s condition and age;
31 (ii) Documenting the terminal or debilitating medical condition of
32 the patient in the patient’s medical record and that the patient may
33 benefit from treatment of this condition or its symptoms with medical
34 use of cannabis;
35 (iii) Informing the patient of other options for treating the
36 terminal or debilitating medical condition; and
37 (iv) Documenting other measures attempted to treat the terminal or
E2SSB 5073.PL p. 10
1 debilitating medical condition that do not involve the medical use of
2 cannabis.
3 (b) A health care professional shall not:
4 (i) Accept, solicit, or offer any form of pecuniary remuneration
5 from or to a licensed dispenser, licensed producer, or licensed
6 processor of cannabis products;
7 (ii) Offer a discount or any other thing of value to a qualifying
8 patient who is a customer of, or agrees to be a customer of, a
9 particular licensed dispenser, licensed producer, or licensed processor
10 of cannabis products;
11 (iii) Examine or offer to examine a patient for purposes of
12 diagnosing a terminal or debilitating medical condition at a location
13 where cannabis is produced, processed, or dispensed;
14 (iv) Have a business or practice which consists solely of
15 authorizing the medical use of cannabis;
16 (v) Include any statement or reference, visual or otherwise, on the
17 medical use of cannabis in any advertisement for his or her business or
18 practice; or
19 (vi) Hold an economic interest in an enterprise that produces,
20 processes, or dispenses cannabis if the health care professional
21 authorizes the medical use of cannabis.
22 (3) A violation of any provision of subsection (2) of this section
23 constitutes unprofessional conduct under chapter 18.130 RCW.

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