Pubdate: Tue, 28 Aug 2001
Source: Register-Guard, The (OR)
Copyright: 2001 The Register-Guard
Contact:  http://www.registerguard.com/
Details: http://www.mapinc.org/media/362
Author: Gillian Flaccus, The Associated Press
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

USERS QUESTION LEGALITY OF MARIJUANA POLICY

PORTLAND - Medical marijuana users and the American Civil Liberties Union 
on Monday questioned the legality of new state guidelines for patients who 
want to use the drug for certain illnesses.

Protesters gathered in front of the Oregon Department of Human Services 
said the state's latest attempt to review 800 patients' medical records 
violates doctor-patient confidentiality and unfairly targets one physician. 
They also say the law has forced sick people to wait months for medicine 
that could alleviate their suffering.

Dr. Phillip Leveque has signed more applications for medical marijuana than 
any other doctor under Oregon's 2-year-old medical marijuana law - about 
935, or 40 percent of the 2,351 that have been approved. He has signed off 
on marijuana applications after reviewing faxed medical records or talking 
to patients by phone.

In response to Leveque's practices, the state Board of Medical Examiners on 
Aug. 10 said doctors who sign the applications must maintain up-to-date 
medical files on each patient, perform a physical exam and create a 
treatment plan.

The DHS asked the Molalla physician for medical records to verify Leveque 
had done so for his 801 patients. Leveque refused, saying that would 
violate doctor-patient confidentiality.

Now, the DHS is asking Leveque's patients to waive their privacy rights 
directly.

Patients who refuse will not be approved for medical marijuana, said Dr. 
Grant Higginson, a DHS state health officer. About 900 of Leveque's 
patients who are already approved for the program will not have to provide 
their medical records, he said.

David Fidanque, spokesman for the Oregon ACLU, said his organization is 
researching the legality of the state's latest move, but has not decided on 
a course of action.

Fidanque said a state review of patient records could jeopardize doctors 
that signed off on the marijuana applications. It is illegal for a 
physician to facilitate or encourage a patient to use a federally 
controlled substance, he said.

The new regulations could make already-skittish physicians even more wary 
of signing a medical marijuana form, he said.

"The more the government goes on a fishing expedition into the confidential 
files of doctors, the more risk there is to doctors of running afoul of 
federal law," he said. "We are very concerned."

Higginson said the state will use the records to establish a legitimate 
patient-doctor relationship and nothing more.
- ---
MAP posted-by: GD