A Cornwall Ontario doctor may be facing charges from two patients over his refusal to deal with the patient’s request to access medical Marijuana.
CFN has learned that there were two patients in particular with both feeling bullied and one being allegedly “fired” by the doctor after the doctor was said to refuse to release the patient’s file to another medical facility so a prescription could be issued.
One, a senior, stated that they felt intimidated and were worried that they’d lose their doctor. Having to travel for assistance, as they are a late stage cancer patient seeking relief from pain and side effects of treatment, put extra stress and wear on the patient as well.
It is now legal to be prescribed medical Marijuana in Canada, and after the 24th, patients now can actually grow their own medicinal marijuana or designate someone to grow for them, or purchase from a licensed producer such as Tweed in Smiths Falls Ontario.
Tracey Sobers of the College of Physicians and Surgeons of Ontario stated:
With regard to policies that concern the details of your story, I am providing you with links to the following College policies:
- Medical Marijuana for Medical Purposes – which sets out expectations for physicians relating to the prescribing of marijuana for medical purposes;
- Professional Obligations and Human Rights – which articulates physicians’ professional and legal obligations to provide health services without discrimination. This includes a duty to accommodate individuals who may face barriers to accessing care. The policy also sets out the College’s expectations for physicians who limit the health services they provide due to clinical competence or because of their personal values and beliefs; and
- Ending the Physician-Patient Relationship clarifies the expectations of physicians when ending the physician-patient relationship, and outlines the actions to be followed in doing so.
When reviewing a complaint, the Inquiries, Investigations and Reports Committee will consider the particular circumstances of the case along with the relevant policies when formulating a decision.
While I am unable to indicate the a specific outcome for a particular type of complaint, there are several possible outcomes as a result of an investigation into a complaint against a physician.
The information gathered during the investigation is reviewed by the Inquiries, Complaints and Reports Committee which will decide to do one of the following:
- take no action, if the doctor’s conduct or the care provided was appropriate;
- issue advice or a recommendation, if the Committee believes the doctor would benefit from some guidance to improve his or her conduct or future practice;
- request that the doctor participate in self-study, with assistance available from the College in developing an educational plan with follow up from the College to ensure the physician has addressed the needs identified;
- require the doctor to appear before a panel of the Inquiries, Complaints and Reports Committee to be cautioned regarding specific aspects of his or her practice, professionalism or conduct A summary of the decision to caution is posted to the doctor’s profile on the public register. (This information is public for investigations initiated on or after January 1, 2015);
- request or accept the doctor’s undertaking to improve his or her practice or to restrict his or her practice, which may include education, supervision, and/or monitoring, and may require further evaluation upon completion. The College monitors compliance and the terms of the undertaking are posted to the doctor’s profile on the public register;
- direct the doctor to complete a specified continuing education remediation program in order to improve skills or change practice. The College monitors compliance and a summary of the decision is posted to the doctor’s profile on the public register. (This information is public for investigations initiated on or after January 1, 2015);
- request or accept an undertaking from the doctor to resign and to never apply for reinstatement, which is posted to the doctor’s profile on the public register;
- refer the doctor to a panel of the Committee if there are concerns about the doctor’s health that may be affecting her or his ability to practise;
- refer the concerns about the doctor to the Discipline Committee; or
- decide not to investigate because the complaint is frivolous, vexatious, made in bad faith or is an abuse of process.
Patient Access to Records
Patients have a right of access to their personal health information that is in the custody or under the control of a HIC, including any information that has been stamped or indicated as confidential, unless an exception applies. 28 Physicians should consult section 52 of PHIPA for a comprehensive list of such exceptions and should seek the guidance of the CMPA or their legal counsel if unsure about how to respond to a request for access.
Physicians cannot refuse to grant a patient access to their records for the purpose of avoiding a legal proceeding.
If a physician has refused a patient access to his or her record, the patient is entitled to make a complaint to the IPC under subsection 54(8) of PHIPA.
Patient Requests Transfer
If a patient requests that a physician transfer his or her records, the transfer should take place in a timely fashion in order to facilitate continuity of care.
In some circumstances it will be more efficient for the transferring physician to prepare a summary of the records rather than to provide a copy of the entire record. This is acceptable to the College as long as it is acceptable to the receiving physician and the patient. The physician is still obligated to retain the original record, in its entirety, for the time period required by the Regulation.
With changes to the medical landscape as Medical Marijuana and Recreational Marijuana uses and laws are evolving it should be interesting to see how medical professionals adapt.
What do you think dear CFN viewers? You can post your comments below.
Contact a cannabis consultant. This individual can assist you from start to finish. From locating an ethical physician to growing your own prescription.
When I asked my family dr. if he would fill out the forms to get my RX, he said he didn’t want anything to do with it and that if I wanted to use illegal drug that “that’s your problem, leave me out of it”. He has no prob giving me hydromorphone and oxycodone though. Found a very good Dr. in Cornwall and was right on board to get me off opiates. Was making my first order from Tweed within 1 week.
I use cannabis high in CBD about 14%, and very low to zero THC. So I don’t get “high”, but get excellent pain relief, almost numbing effect in my whole body. My hips,lower and mid back are manageable now, so is the arthritis in my knees, fingers,back and neck. And if i’m not mistaken, I don’t harm a single person while medicating with cannabis. Unlike alcoholics.
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Jerry I know the pain of arthritis and I am full of it and these past couple of days I developed a lung infection and may have to go to a walk in clinic if it persists. My daughter made me two teas today and my husband put in a shot of whisky. If it continues I will have ot go to the doctor. If I were on weed the jokes coming out of me would not end. LOL LOL. ROLF!
Oh Jules don’t leave yourself open to such jokes “I know the pain of arthritis and I am full of it….” But seriously IMHO doctors should have the option of prescribing medical marijuana or not. It should be left up to the doctor. If they don’t agree with it there are always other options for the patient.
Hugger I am suffering with arthritis and then came a lung infection. I am going to make a herbal tea soon and hubby adds in a teaspoon of whiskey. I cannot lay on my back and the same thing sitting up pressing against the back of a chair or in the car. If this persists I will take OC Transpo cattle cars down to the walk in clinic.
There are some cancer patients who need medical marijuana and also those suffering from arthritis especially when it is advanced. I once worked with a very nice girl here in Ottawa who suffered terribly with arthritis and she was as skinny as a broomstick and suffered so much with that disease. Mom had it and now I have it as well.
Jules you might want to look into getting some Chaga mushroom tea as well. That helps boost your immune system and fight off infections. I’ve been drinking it for a few years now and haven’t had a cold or flu.
A friend of mine is using a Cannabis based creme and it’s helping her joints.
Jerry medical marijuana is less harmful than alcohol as long as it is used within reason. Do you know that the founding fathers of the US used canibis? Yes Jerry they sure did and hemp makes excellent rope as well. I am going to go and make myself a herbal tea just now and add in a teaspoon of whiskey to it. I am in pain and if it persists I am taking OC Transpo cattle cars to the Walk In Clin
Jules, I like to treat respiratory problems with echinacea tea, and like Jamie says Chaga tea. Just google them and read what you(and most people) have been missing out on. Good luck and get better soon.
I’ve used a combination of self prescribed beer and weed for over fifty years to help me struggle through the trials and tribulations of life. No doctor needed. It’s been working for me just fine.
Jamie and Jerry thank you. I am going to look into that. Yesterday my daughter made me a regular tea and put in some whisky for me and my husband said to me “no more of my whiskey”! I laughed and told him that I never drink (well? only my Irish Cream at Christimas) and I said only for medicinal purpose. I even used a hot water bottle for about an hour to help a bit.
A while ago I couldn’t even open a pop bottle that is how bad my hands are. Yesterday I went to bed at 7:30 and wished that I went even earlier – way too much pain. 7:30? I never go to bed at that hour – gee I think that the birds would have been in shock ot see me go that early.
Jamie my husband saw a creme of some sort advertised on an American channel and he can’t remember the name and saw it in a drugstore here in Ottawa. I am going to have hubby look around for it and give it a try. I am going to go after the hot water bottle again soon and lay down for a while.
I suffer from Fibromyalgia and Osteoarthritis. Both diseases affect my entire body 24 hours a day. I can’t smoke due to my asthma, so I would need a form of Marijuana in pill form. My doctor won’t prescribe any narcotic, does that mean Marijuana as well? If so, what can I do?
Debra there is Rick Simpson Oil, edibles, and even cannabis suppositories and tampons.
When I saw my family doctor and asked him for a prescription for medical marijuana for CBD as I suffer from anxiety-panic and obsessive compulsive disorder and research proved that CBD which is non phycoactive he told me it wouldn’t help, offered more pharmaceutical meds, which I had been on many types over the past few years poorly managing my conditions. I was told no and had to see another doc
Rose…that is all the more reason to contact a cannabis consultant who will take you painlessly through the entire process. Consultants work with other professionals who are educated/ knowledgeable in this area of treatment. There is no doctors “fee”, ethical physicians do not charge for writing a simple prescription.
As of August 25th, 2016 any patient (prescription for cannabis) can apply to Health Canada to grow their own cannabis.
David, I think that within the next few years, people will be able to grow their own for whatever reason, just like we can make beer and wine at home. Might take a while, but that time is coming. One of the many reasons why the Cons got tossed out last October.
I wasn’t able to come on sooner because I am suffering with my arthritis and my daughter and hubby did my vaccuming. I went to bed early and in pain and tried to rest but can’t. I am going to look into the teas and ointments, etc. this week. Arthritis is very painful.
my boyfriend suffers from chronic pain due to crohns disease and when we went to our family doctor to ask if he could just refer to a doctor here in cornwall that can and will prescribe medical marijuana to him , he just passed the buck …my boyfriend was admitted in the hospital at the time and he said that they ( meaning the hospital needed to do it that it would go faster that way) then today
when he went to get his B12 shot my boyfriend asked him again about it and now the doctor is saying that we should talk to the surgeon we seen in ottawa and it would go faster that way … so passing the buck all because he does not believe in medical marijuana. My boyfriend does not want to get high, he just wants pain relief ..he has been suffering for years
Not all doctors are the same. We lost a top notch doctor i our opinion. The latest doctor for my daughter is a Greek lady and she told us that there is no longer patients accepted to go to the doctor when they want – the govt. has cut that out. This doctor is very arrogant and my daughter doesn’t like her. She isn’t there to be liked. She is very young as well.
Not all doctors believe in medical marijuana and are skeptical about this since many will sell the stuff on the streets to others. I believe in this stuff only for patients who are cancer patients and MS, etc. because they are dying. This is not to get high on. I get high on Jamie’s paper with so much laughter. LOL LOL.
Laurie Chron’s disease is horrible and your boyfriend has to get himself a good doctor. A good doctor in Cornhole is mighty hard to find. So many people end up being misdiagnosed including what happened to my daughter. If you can find a doctor in Ottawa do so and maybe he can get medical marijuana here in Ottawa on Bank Street.
“no longer patients accepted to go to the doctor when they want”….that has a lot to do with the contract fight between the gov’t and Ontario doctors. Doctors has very few tools to fight the gov’t. This is there way of getting their message to the taxpayers.
Hugger I used to get mail from the Ontario government department of health asking my daughter and I if we really did go to the doctor in question and we would reply that we did. Yes there is a conflict between the doctors and the health dept. One lady who is a dermitologist told that to my daughter and I on the last visit that we had with her.
Jules…the letter you received from government is to just verify that you did see that doctor on that date. It’s one of the checks and balances governments put in to verify doctor billings; nothing more, nothing less.
Laurie all doctors can write a prescription for medical cannabis (also heroin and cocaine) however for most this capability conflicts with their knowledge thereby placing many outside their comfort zone. Ask for a referral from your personal physician or contact a cannabis consultant for guidance from start to finish.
Jules just for a better understanding of medical cannabis CBD is the component which lends itself to pain relief. THC is the component associated to the “intoxicating” effect of cannabis. Strains high in CBD and low in THC might relieve your discomfort but fall short in the “joke” department. Pain or relief, you decide.
Mr. Oldham I am not suggesting people to go and have a high on canibas at all but to help take down those horrible meds and relieve the pain that they are going through then I say yes but not to go and smoke the joint to just have a high – no I am against that entirely.
I want to stress here that I am no goody two shoes that I myself have made my own mistakes in life but I have my principles and I don’t believe in many things that are not right. Smoking the joint just to get high is wrong but I believe for those suffering in pain for help. My parents died of cancer and I saw things in the hospitals while a volunteer in Cornhole many long years ago.
Cornwall will never allow a dispensary to open there I have tried and they wouldn’t have it, Cornwall is a retirement town with no real fruit to pluck once your done school, people should just move. People don’t know what their talking about there and they are not going to change their small town 1920’s way of life.
Cole you don’t ask for permission to open an illegal business, you just do it. That is how all the dispensaries got their start. You might as well have asked if you could break into city hall during the night.