Colorado About to Tinker With Medical Marijuana Caregiver Definition

By Jeralyn, Section Colorado News
Posted on Tue Apr 19, 2011 at 02:03:12 PM EST
Tags: medical marijuana (all tags)

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The Colorado Board of Health is up to its old tricks, now trying to change the definition of caregiver in a way that will restrict patient choice and require patients to pay for unnecessary services. From Sensible Colorado:

Once again, the Colorado Health Department (CDPHE) has launched an attack on medical marijuana caregivers. Hiding behind the Attorney General’s questionable legal interpretation, the CDPHE has rejected the proposed definition of "caregiver" as put forward by the CDPHE Medical Marijuana Advisory Board. After studying the issue, the Advisory Board concluded that providing education about medical marijuana was sufficient to meet the definition of "caregiver".

[More...]

The CDPHE rejected that idea (and disbanded the Advisory Board!) and is now attempting to require caregivers to regularly assist patients with “activities of daily living” including transportation, housekeeping, meal preparation, and more. This ruling will limit patient choice and force patients to find caregivers who will not just provide quality medicine, but also provide additional, and often unnecessary, services.

The CDPHE is taking public comment on the proposed rules until April 20th, 2011 at 5:00 p.m. Please tell the CDPHE to amend their proposal to allow patients to choose what services their caregiver should provide. Send them an email and ask them to use the definition below, which includes "upon request of the patient."

“Significant responsibility for managing the well-being of a patient” means, IN ADDITION TO PROVIDING MEDICAL MARIJUANA, AND UPON REQUEST FROM THE PATIENT, REGULARLY assisting a patient with ACTIVITIES OF daily LIVING, including but not limited to transportation or housekeeping or meal preparation or shopping or making any necessary arrangement for access to medical care or NON-MEDICAL MARIJUANA services.”(my emphasis)

Background on the issue and the Colorado Court of Appeals decision in the Clendenin case is here. The Clendenin opinion is here. More information is available at Sensible Colorado.

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Colorado About to Tinker With Medical Marijuana Caregiver Definition | 3 comments (3 topical)

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Whatever (none / 0) (#1)
by ScottW714 on Tue Apr 19, 2011 at 03:04:03 PM EST

"...Advisory Board concluded that providing education about medical marijuana was sufficient to meet the definition of "caregiver""

On what planet is this even close to a definition of caregiver. I am all about legalization, but it's hard to argue with that nonsensical definition.

It's like defining a teacher as a disciplinarian, it's a small portion of what they do, but not their main function, which is educating. Which to me seems more of what they are trying to define as a 'caregiver'.

Either way, people providing these caregiver services will simply find the very least amount of care that will satisfy the definition, say a ride to the store, charge them and extra $5, and everyone will be satisfied, they might even take the $5 off the regular service charge.

I suspect this back and forth is going to be a continuous process for a generation or two of politics.

Hmmm. (none / 0) (#2)
by MileHi Hawkeye on Tue Apr 19, 2011 at 09:47:52 PM EST

The Instrumental ADL's are defined as follows:

* Housework
* Meal Preparation
* Taking medications
* Managing money
* Shopping for groceries or clothing
* Telephone use
* Using technology (as applicable)
[Emphasis added.]

The Department's proposed wording is as follows:

"Significant responsibility for managing the well-being of a patient" means, IN ADDITION TO THE ABILITY TO PROVIDE MEDICAL MARIJUANA, REGULARLY assisting a patient with ACTIVITIES OF daily activities LIVING, including but not limited to transportation or housekeeping or meal preparation or shopping or making any necessary arrangement for access to medical care or NON-MEDICAL MARIJAUANA services or provision of medical marijuana. THE ACT OF SUPPLYING MEDICAL MARIJUANA OR MARIJUANA PARAPHERNALIA, BY ITSELF, IS INSUFFICIENT TO CONSTITUTE "SIGNIFICANT RESPONSIBILITY FOR MANAGING THE WELL-BEING OF A PATIENT." [Emphasis added.]

The wording cited above places an "or" qualifier, along with a "including but not limited to" one on the definition of ADL's. As such, using the commonly accepted definition of instrumental ADL's, it is contradictory to the State's assertion that providing MM in and of itself is insufficient to constitute being a caregiver. Additionally, the act of providing prescribed medication (i.e., MM) could easily constitute "making any necessary arrangement for access to medical care".

Poorly thought out, poorly worded=bad regulation.

AZ MMJ (none / 0) (#3)
by jedimom on Wed Apr 20, 2011 at 12:57:39 PM EST

AZ DOH has been great so far on the MMj implementation and regulation. Caregiver is anyone the MMJ patient asks to help them grow, acquire MJ.
The caregiver has to be printed and licensed and can grow for up to 5 patients.

Our dispensaries do not open for a few more months, so all the patients who request it are licensed to grow up to 12 plants until a dispensary opens within 25 miles of their home.

The cultivation approval is good for the entire first year, and they will check to see if the dispensary is within 25 miles of you upon patient license renewal.

All good so far.