The Medical Board of Ohio has finally recognized a fundamental truth about Ohio Physicians' ability to make recommendations for medical marijuana. This development came at their monthly board meeting forty days after HB523 - The Medical Marijuana Control Program became law here in Ohio.
Below is a direct quote from the chairman of the Medical Board at the 10/19/16 meeting:
"The Medical Board is in no way prohibiting the recommendation of medical marijuana now that HB523 is effective.”
The Ohio Patient Network has developed an interim recommendation form for patients to use during the discussion with their physician. The recommendation form is in compliance with Ohio’s Medical Marijuana Control Program passed by the 131st General Assembly in HB523/Section 6. Note: this recommendation is valid until sixty days after the date the Ohio State Board of Pharmacy begins accepting applications for registration pursuant to section 3796.08 of the Revised Code or September 9, 2017 whichever comes first.
Ohio Patient Network recognizes that not every physicians will be willing yet to make a recommendation. But the law is very clear, if physicians are acting in good faith and working for the patient best health in a bona-fide relationship, there is no concern from the state medical board subjecting them to displenary action for making a recommendation. HB523 clearly says the following and is now law, as written in Ohio Revised Code:4731.30 Section H.
(H) A physician is immune from civil liability, is not subject to professional disciplinary action by the state medical board or state board of pharmacy, and is not subject to criminal prosecution for any of the following actions:
(1) Advising a patient, patient representative, or caregiver about the benefits and risks of medical marijuana to treat a qualifying medical condition:
(2) Recommending that a patient use medical marijuana to treat or alleviate the condition:
(3) Monitoring a patient's treatment with medical marijuana.
See our article for suggestions about talking to your physician about a recommendation for medical marijuana, and please keep us informed via our email on your sucess or failure to get a recommendation.