On June 15th, 2011 the Colorado Board of Health will consider adopting a set of sweeping rules that would end the caregiver model as we know it and further reduce patient rights. The Board of Health will consider rules; limiting caregivers to assisting five patients, requiring caregivers to perform daily activities for patients regardless of whether the patient needs or wants these activities, limiting when and how often a patient can change a caregiver, allowing law enforcement expanded power to access the patient registry, and other troubling amendments.
Please come to the hearing on June 15th, 2011 and tell the Board of Health to either adopt the minority reports or to go back to the drawing board. It’s time for the Board of Health to stand up for patients and caregivers and to stop pandering to the Attorney General’s anti-patient stance!
WHAT: Board of Health Public Rulemaking Hearing to limit patient and caregiver rights
WHEN: 9:00 am — June 15th, 2011
WHERE: Colorado Public Health and Environment, Sabin-Cleere Conference Room, Bldg. A, 1st Floor, 4300 Cherry Creek Drive South, Denver, CO 80246
WHY: To tell the Board of Health to stand up for patients and caregivers
PROPOSED CAREGIVER RULES
- Allows the CDHPE to release patient information to local and state law enforcement upon request with either the patients’ registry number or the person’s name and date of birth.
- Limits the number of patients a caregiver can serve to five, unless the patient obtains a waiver from the department for the primary caregiver to serve in excess of five patients
- Requires caregivers to regularly assist their patients with “daily activities” regardless if the patient needs or wants such assistance.
- Prohibits caregivers from joining together for the purpose of cultivating marijuana, but makes an exception if the caregivers live in the same house.
- Prohibits caregivers from forming business ventures with other primary care-givers.
- Stipulates what documentation a caregiver must have on hand if stopped by law enforcement.
- May or may not allow caregivers to consult with and educate patients regarding the use of medical marijuana to fulfill the statutory requirement of having significant responsibility for managing the well-being of a patient.[1]
- Requires caregivers to have their registry identification card or a copy of the patient’s application for the medical marijuana registry in their possession at all times that the caregiver is in possession of medical marijuana on behalf of the patient.
- Prohibits delegation of the caregiver’s responsibilities for the patient to another person.
- Prohibits caregivers from possessing or engaging in the use of medical marijuana in certain circumstances.
- Allows individuals to notify the department of their willingness to be a primary caregiver and allows release of their contact information to patients and doctors solely for this purpose.
- Limits caregivers to charging no more than the cost of cultivating or purchasing medical marijuana, plus charging for services provided.
PROPOSED PATIENT RULES
- Prohibits patients from changing their caregiver more than once a month.
- Prohibits a patient who designates a primary caregiver from being a primary caregiver for another patient.
- Limits a patient to having only one primary caregiver at a time.
- Sets strict waiver requirements for a patient to apply for a one year waiver from the five patient per primary caregiver limit, and allows the CDPHE to impose whatever terms or conditions it believes necessary on the waiver.
- Sets the waiver requirements for a patient to apply for a transportation waiver due to the patient’s status as homebound or a minor, and provides appeal rights to patients regarding the department’s disposition of the waiver request.
- Requires patients or caregivers to pay $200 per hour plus lodging and meals to subpoena a member of the CDPHE to testify in court, but waives the fee for state or federal government requests.
- Allows the CDPHE to reject patient applications that are incomplete or missing an item and then allows them to completely deny the application if they reject it twice. (A complete denial means the patient would not be able to re-apply for 6 months!)
- Requires a patient to renew their registry card if they are convicted of certain criminal offenses.
- Prohibits patients from using medical marijuana in public or in a place open to the general public.
- Prohibits patients or caregivers from possessing medical marijuana on school grounds or using it in any vehicle, motorboat, or aircraft.
[1] Since the Advisory Committee’s approval of the language allowing education and consultation to qualify as significant responsibility, the Office of the Attorney General has concluded that this language does not meet the statutory requirement that primary care-givers must do more than provide medical marijuana. Due to this legal insufficiency, the CDPHE is proposing new language for this definition and is soliciting public comment. The department will consider these comments, in addition to the comments of the Medical Marijuana Advisory Comittee members, and bring any revisions to the permanent rulemaking hearing before the Board.
From Sensible Colorado
