Guest guest Posted December 4, 2008 Report Share Posted December 4, 2008 I wonder what the lawyers-among-us have to say about this. But, on legal terms, I believe that what a patient says to us and we note in the record is not admissible in court because it is hearsay. That is, evidence in court can not include someone saying, " they told me such-and-such happened. " So, on legal terms, I don't think our noting in the social history that patient smokes pot matters.Now, in terms of patients signing for records to be sent to life insurance companies, I wonder what the experience is. Do any of us know whether life insurance companies include smoking pot noted in the medical record as a reason to decline someone? I doubt it. I think the actuaries have likely calculated that as a low-rate risk for increase of death, likely much less than smoking cigarettes, but even less than family health history, sedentary lifestyle, etc.Finally, if a patient has a significant problem with marijuana use, and either has a legal problem or is getting mental health services for it, and it's something we discuss, I have no problem noting it and coding for it. In that case, the " cat's out of the bag " already. And, actually, I seem to see it often when I get a report from a mental health center. Patient may be seen for other issues, like depression or bipolar, but then cannibis abuse is listed on one of the other Axis lines (I always forget which one).TimOn Thu, December 4, 2008 2:12 pm EST, joanne holland wrote: From Drain, Oregon From Drain, Boy, what a variance of opinion. This is one of those subjects that is fraught with emotion. I do not believe we can make a standard rule on this list serve as the legal issues vary from state to state so much. People from Ohio are in a state that has a decriminalized system that has a medical marijuana rule, mandatory sentencing and a drugged driving regulation (which is what the law is, however psychiatrists may know the drug is bad for their patients) , but people from Missouri have only the federal regulations and a standard set of regulations for the felony possession. Here in Oregon there is a medical cannabis law that is rather liberal; but when the law is broken the law is strict. I suggest that we stay out of the frey as much as possible and don't recommend reporting unless it is part of our legislated requirement or part of an agreement with other physicians. Of course one would put the use of it in health records. Incidentally, there could be situations where you might be in personal or legal danger if you called someone to report use of this drug by someone else. Joanne Holland DVM/MD Drain, Oregon--- On Tue, 12/2/08, Pedro Ballester wrote: From: Pedro Ballester Subject: Re: (unknown)To: Date: Tuesday, December 2, 2008, 5:40 PM I had a conversation with a Psychiatrist in WV in charge of a Suboxone clinic, he does not tolerate THC use.You need to individualize each case, why is the person using THC?Do they need motivation to get on with their life?Is it affecting their existence?What do you do for alcohol abuse? Should you apply the same decisions?If a terminal cancer patient wants to use THC, I would not ask, nor tell anybody. If I knew where a cancer patient could obtain a safe source, I would inform a patient that would need it. (I just don't know what would be a safe source, maybe the NIH will explore medical applications and allow medical cultivation! )If my patient was a productive member of society, and had to undergo screening I would direct him or her to information to escape detection if possible, all verbally, nothing that could be traced to a DEA investigation.I agree with the approach of the Suboxone clinic Psychiatrist, if somebody has a problem with abuse of narcotics, they should remain as sober as possible, you would not try to adjust antidepressants in an active alcoholic, neither in a THC abuser.I avoid even listing ED as some companies will deny payment if the diagnosis is present, knowing that THC is illegal in this country I would not list it in the claim forms at all-- Pedro Ballester, M.D.Warren, OH ---------------------------------------- Malia, MDMalia Family Medicine & Skin Sense Laser6720 Pittsford-Palmyra Rd.Perinton Square MallFairport, NY 14450 (phone / fax)www.relayhealth.com/doc/DrMaliawww.SkinSenseLaser.com-- Confidentiality Notice --This email message, including all the attachments, is for the sole use of the intended recipient(s) and contains confidential information. Unauthorized use or disclosure is prohibited. If you are not the intended recipient, you may not use, disclose, copy or disseminate this information. If you are not the intended recipient, please contact the sender immediately by reply email and destroy all copies of the original message, including attachments.---------------------------------------- Quote Link to comment Share on other sites More sharing options...
Guest guest Posted December 6, 2008 Report Share Posted December 6, 2008 Don't worry about your records revealing pot smoking. Life insurance labs now include not only a lipid panel. The last one I saw screened for lipids, A1c, creatinine, LFTs, THC, opiates, narcotics, several TCAs and SSRIs, and diuretics and beta blockers.... better buy your kids life insurance while they are still in elementary school and keep it in force. I wonder what the lawyers-among-us have to say about this. But, on legal terms, I believe that what a patient says to us and we note in the record is not admissible in court because it is hearsay. That is, evidence in court can not include someone saying, " they told me such-and-such happened. " So, on legal terms, I don't think our noting in the social history that patient smokes pot matters.Now, in terms of patients signing for records to be sent to life insurance companies, I wonder what the experience is. Do any of us know whether life insurance companies include smoking pot noted in the medical record as a reason to decline someone? I doubt it. I think the actuaries have likely calculated that as a low-rate risk for increase of death, likely much less than smoking cigarettes, but even less than family health history, sedentary lifestyle, etc.Finally, if a patient has a significant problem with marijuana use, and either has a legal problem or is getting mental health services for it, and it's something we discuss, I have no problem noting it and coding for it. In that case, the " cat's out of the bag " already. And, actually, I seem to see it often when I get a report from a mental health center. Patient may be seen for other issues, like depression or bipolar, but then cannibis abuse is listed on one of the other Axis lines (I always forget which one).TimOn Thu, December 4, 2008 2:12 pm EST, joanne holland wrote: From Drain, Oregon From Drain, Boy, what a variance of opinion. This is one of those subjects that is fraught with emotion. I do not believe we can make a standard rule on this list serve as the legal issues vary from state to state so much. People from Ohio are in a state that has a decriminalized system that has a medical marijuana rule, mandatory sentencing and a drugged driving regulation (which is what the law is, however psychiatrists may know the drug is bad for their patients) , but people from Missouri have only the federal regulations and a standard set of regulations for the felony possession. Here in Oregon there is a medical cannabis law that is rather liberal; but when the law is broken the law is strict. I suggest that we stay out of the frey as much as possible and don't recommend reporting unless it is part of our legislated requirement or part of an agreement with other physicians. Of course one would put the use of it in health records. Incidentally, there could be situations where you might be in personal or legal danger if you called someone to report use of this drug by someone else. Joanne Holland DVM/MD Drain, Oregon--- On Tue, 12/2/08, Pedro Ballester wrote: From: Pedro Ballester Subject: Re: (unknown)To: Date: Tuesday, December 2, 2008, 5:40 PM I had a conversation with a Psychiatrist in WV in charge of a Suboxone clinic, he does not tolerate THC use.You need to individualize each case, why is the person using THC?Do they need motivation to get on with their life?Is it affecting their existence?What do you do for alcohol abuse? Should you apply the same decisions?If a terminal cancer patient wants to use THC, I would not ask, nor tell anybody. If I knew where a cancer patient could obtain a safe source, I would inform a patient that would need it. (I just don't know what would be a safe source, maybe the NIH will explore medical applications and allow medical cultivation! )If my patient was a productive member of society, and had to undergo screening I would direct him or her to information to escape detection if possible, all verbally, nothing that could be traced to a DEA investigation.I agree with the approach of the Suboxone clinic Psychiatrist, if somebody has a problem with abuse of narcotics, they should remain as sober as possible, you would not try to adjust antidepressants in an active alcoholic, neither in a THC abuser.I avoid even listing ED as some companies will deny payment if the diagnosis is present, knowing that THC is illegal in this country I would not list it in the claim forms at all-- Pedro Ballester, M.D.Warren, OH ---------------------------------------- Malia, MDMalia Family Medicine & Skin Sense Laser6720 Pittsford-Palmyra Rd.Perinton Square MallFairport, NY 14450 (phone / fax)www.relayhealth.com/doc/DrMaliawww.SkinSenseLaser.com -- Confidentiality Notice --This email message, including all the attachments, is for the sole use of the intended recipient(s) and contains confidential information. Unauthorized use or disclosure is prohibited. If you are not the intended recipient, you may not use, disclose, copy or disseminate this information. If you are not the intended recipient, please contact the sender immediately by reply email and destroy all copies of the original message, including attachments.---------------------------------------- -- Annie SkaggsLexington, KY Quote Link to comment Share on other sites More sharing options...
Guest guest Posted December 6, 2008 Report Share Posted December 6, 2008 Don't worry about your records revealing pot smoking. Life insurance labs now include not only a lipid panel. The last one I saw screened for lipids, A1c, creatinine, LFTs, THC, opiates, narcotics, several TCAs and SSRIs, and diuretics and beta blockers.... better buy your kids life insurance while they are still in elementary school and keep it in force. I wonder what the lawyers-among-us have to say about this. But, on legal terms, I believe that what a patient says to us and we note in the record is not admissible in court because it is hearsay. That is, evidence in court can not include someone saying, " they told me such-and-such happened. " So, on legal terms, I don't think our noting in the social history that patient smokes pot matters.Now, in terms of patients signing for records to be sent to life insurance companies, I wonder what the experience is. Do any of us know whether life insurance companies include smoking pot noted in the medical record as a reason to decline someone? I doubt it. I think the actuaries have likely calculated that as a low-rate risk for increase of death, likely much less than smoking cigarettes, but even less than family health history, sedentary lifestyle, etc.Finally, if a patient has a significant problem with marijuana use, and either has a legal problem or is getting mental health services for it, and it's something we discuss, I have no problem noting it and coding for it. In that case, the " cat's out of the bag " already. And, actually, I seem to see it often when I get a report from a mental health center. Patient may be seen for other issues, like depression or bipolar, but then cannibis abuse is listed on one of the other Axis lines (I always forget which one).TimOn Thu, December 4, 2008 2:12 pm EST, joanne holland wrote: From Drain, Oregon From Drain, Boy, what a variance of opinion. This is one of those subjects that is fraught with emotion. I do not believe we can make a standard rule on this list serve as the legal issues vary from state to state so much. People from Ohio are in a state that has a decriminalized system that has a medical marijuana rule, mandatory sentencing and a drugged driving regulation (which is what the law is, however psychiatrists may know the drug is bad for their patients) , but people from Missouri have only the federal regulations and a standard set of regulations for the felony possession. Here in Oregon there is a medical cannabis law that is rather liberal; but when the law is broken the law is strict. I suggest that we stay out of the frey as much as possible and don't recommend reporting unless it is part of our legislated requirement or part of an agreement with other physicians. Of course one would put the use of it in health records. Incidentally, there could be situations where you might be in personal or legal danger if you called someone to report use of this drug by someone else. Joanne Holland DVM/MD Drain, Oregon--- On Tue, 12/2/08, Pedro Ballester wrote: From: Pedro Ballester Subject: Re: (unknown)To: Date: Tuesday, December 2, 2008, 5:40 PM I had a conversation with a Psychiatrist in WV in charge of a Suboxone clinic, he does not tolerate THC use.You need to individualize each case, why is the person using THC?Do they need motivation to get on with their life?Is it affecting their existence?What do you do for alcohol abuse? Should you apply the same decisions?If a terminal cancer patient wants to use THC, I would not ask, nor tell anybody. If I knew where a cancer patient could obtain a safe source, I would inform a patient that would need it. (I just don't know what would be a safe source, maybe the NIH will explore medical applications and allow medical cultivation! )If my patient was a productive member of society, and had to undergo screening I would direct him or her to information to escape detection if possible, all verbally, nothing that could be traced to a DEA investigation.I agree with the approach of the Suboxone clinic Psychiatrist, if somebody has a problem with abuse of narcotics, they should remain as sober as possible, you would not try to adjust antidepressants in an active alcoholic, neither in a THC abuser.I avoid even listing ED as some companies will deny payment if the diagnosis is present, knowing that THC is illegal in this country I would not list it in the claim forms at all-- Pedro Ballester, M.D.Warren, OH ---------------------------------------- Malia, MDMalia Family Medicine & Skin Sense Laser6720 Pittsford-Palmyra Rd.Perinton Square MallFairport, NY 14450 (phone / fax)www.relayhealth.com/doc/DrMaliawww.SkinSenseLaser.com -- Confidentiality Notice --This email message, including all the attachments, is for the sole use of the intended recipient(s) and contains confidential information. Unauthorized use or disclosure is prohibited. If you are not the intended recipient, you may not use, disclose, copy or disseminate this information. If you are not the intended recipient, please contact the sender immediately by reply email and destroy all copies of the original message, including attachments.---------------------------------------- -- Annie SkaggsLexington, KY Quote Link to comment Share on other sites More sharing options...
Guest guest Posted December 6, 2008 Report Share Posted December 6, 2008 Don't worry about your records revealing pot smoking. Life insurance labs now include not only a lipid panel. The last one I saw screened for lipids, A1c, creatinine, LFTs, THC, opiates, narcotics, several TCAs and SSRIs, and diuretics and beta blockers.... better buy your kids life insurance while they are still in elementary school and keep it in force. I wonder what the lawyers-among-us have to say about this. But, on legal terms, I believe that what a patient says to us and we note in the record is not admissible in court because it is hearsay. That is, evidence in court can not include someone saying, " they told me such-and-such happened. " So, on legal terms, I don't think our noting in the social history that patient smokes pot matters.Now, in terms of patients signing for records to be sent to life insurance companies, I wonder what the experience is. Do any of us know whether life insurance companies include smoking pot noted in the medical record as a reason to decline someone? I doubt it. I think the actuaries have likely calculated that as a low-rate risk for increase of death, likely much less than smoking cigarettes, but even less than family health history, sedentary lifestyle, etc.Finally, if a patient has a significant problem with marijuana use, and either has a legal problem or is getting mental health services for it, and it's something we discuss, I have no problem noting it and coding for it. In that case, the " cat's out of the bag " already. And, actually, I seem to see it often when I get a report from a mental health center. Patient may be seen for other issues, like depression or bipolar, but then cannibis abuse is listed on one of the other Axis lines (I always forget which one).TimOn Thu, December 4, 2008 2:12 pm EST, joanne holland wrote: From Drain, Oregon From Drain, Boy, what a variance of opinion. This is one of those subjects that is fraught with emotion. I do not believe we can make a standard rule on this list serve as the legal issues vary from state to state so much. People from Ohio are in a state that has a decriminalized system that has a medical marijuana rule, mandatory sentencing and a drugged driving regulation (which is what the law is, however psychiatrists may know the drug is bad for their patients) , but people from Missouri have only the federal regulations and a standard set of regulations for the felony possession. Here in Oregon there is a medical cannabis law that is rather liberal; but when the law is broken the law is strict. I suggest that we stay out of the frey as much as possible and don't recommend reporting unless it is part of our legislated requirement or part of an agreement with other physicians. Of course one would put the use of it in health records. Incidentally, there could be situations where you might be in personal or legal danger if you called someone to report use of this drug by someone else. Joanne Holland DVM/MD Drain, Oregon--- On Tue, 12/2/08, Pedro Ballester wrote: From: Pedro Ballester Subject: Re: (unknown)To: Date: Tuesday, December 2, 2008, 5:40 PM I had a conversation with a Psychiatrist in WV in charge of a Suboxone clinic, he does not tolerate THC use.You need to individualize each case, why is the person using THC?Do they need motivation to get on with their life?Is it affecting their existence?What do you do for alcohol abuse? Should you apply the same decisions?If a terminal cancer patient wants to use THC, I would not ask, nor tell anybody. If I knew where a cancer patient could obtain a safe source, I would inform a patient that would need it. (I just don't know what would be a safe source, maybe the NIH will explore medical applications and allow medical cultivation! )If my patient was a productive member of society, and had to undergo screening I would direct him or her to information to escape detection if possible, all verbally, nothing that could be traced to a DEA investigation.I agree with the approach of the Suboxone clinic Psychiatrist, if somebody has a problem with abuse of narcotics, they should remain as sober as possible, you would not try to adjust antidepressants in an active alcoholic, neither in a THC abuser.I avoid even listing ED as some companies will deny payment if the diagnosis is present, knowing that THC is illegal in this country I would not list it in the claim forms at all-- Pedro Ballester, M.D.Warren, OH ---------------------------------------- Malia, MDMalia Family Medicine & Skin Sense Laser6720 Pittsford-Palmyra Rd.Perinton Square MallFairport, NY 14450 (phone / fax)www.relayhealth.com/doc/DrMaliawww.SkinSenseLaser.com -- Confidentiality Notice --This email message, including all the attachments, is for the sole use of the intended recipient(s) and contains confidential information. Unauthorized use or disclosure is prohibited. If you are not the intended recipient, you may not use, disclose, copy or disseminate this information. If you are not the intended recipient, please contact the sender immediately by reply email and destroy all copies of the original message, including attachments.---------------------------------------- -- Annie SkaggsLexington, KY Quote Link to comment Share on other sites More sharing options...
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