State urges caution toward 'medical cannabis
clinics'
Regulators file formal complaint against
Chicago doctor
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[December 20, 2013]
CHICAGO — As the state of
Illinois prepares to implement the Compassionate Use of Medical
Cannabis Pilot Program Act, the Illinois Department of Financial and
Professional Regulation urges both physicians and members of the
public to be cautious about setting up or visiting so-called medical
cannabis clinics.
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"Unlike some states, Illinois law does not allow for 'medical
cannabis clinics' or practices that exist solely to offer cannabis
certifications," said Manuel Flores, acting secretary of the
Department of Financial and Professional Regulation. "We want to
make sure that patients who would truly benefit from the relief of
medical cannabis are not misled and physicians are not violating the
law." The Compassionate Use of Medical Cannabis Pilot Program Act
does not take effect until Jan. 1, and rules for administration of
the act have yet to be finalized. The rules will not be adopted
until the winter of 2014. Extreme caution should be exercised toward
any entity or individuals touting their ability to help with
compliance with the act or offering services in furtherance of
obtaining medical cannabis before rules are adopted.
The act permits only a physician who has a bona fide
physician-patient relationship and is treating the patient's
qualifying debilitating medical condition to certify the patient for
use of medical cannabis. A physician may accept payment from a
patient only for the fee associated with the required medical
examination prior to certifying a patient for use of medical
cannabis. Physicians cannot accept payment for the certification
itself.
There is no specialty in medicine that treats all the various
qualifying debilitating medical conditions listed in the act. This
means that one physician could not properly treat all patients
eligible to use medical cannabis. Additionally, IDFPR would not
consider a physician to be treating a patient for a condition if the
only treatment being provided is a written authorization for the use
of medical cannabis.
Any physician advertising as a "medical cannabis clinic" will
immediately fall under the department's scrutiny. It may be
appropriate for a specialist who treats one or more of the
debilitating medical conditions to advertise that they are open to
providing written authority. But, it is not appropriate for a
physician to advertise that the purpose of the clinic is to provide
such written authorization.
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As evidence of the state's vigilance with respect to medical
cannabis, on Monday the IDFPR filed a formal complaint against Dr.
Brian Murray, charging him with violating the Medical Practice Act
while attempting to set up a medical cannabis clinic.
The complaint alleges that on the day Dr. Murray opened the "Good
Intentions" clinic, he and a co-worker were offering potential
patients "pre-approval" to obtain medical cannabis if they paid a
$99 registration fee. Under the Medical Practice Act, such conduct
is unprofessional as it is misleading.
During an on-site investigation of the clinic, IDFPR
investigators found evidence of activity that appeared to be
violations of the Medical Practice Act and, once the Compassionate
Use of Medical Cannabis Pilot Program Act takes effect, would
violate that law as well.
A copy of the
complaint (PDF) is available at
www.idfpr.com.
[Text from
Illinois
Department of Financial and Professional Regulation
file received from
the
Illinois Office of
Communication and Information]
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