On February 28, 2019 Commonwealth Court issued a decision reversing a Pennsylvania Medical Board order reprimanding a physician. The order reprimanding the physician stems from a medical malpractice case. The patient died and the Medical Board accused the physician of practicing below the standard of care. The physician objected to the public reprimand placed on his license. The Commonwealth Court agreed, striking the discipline.
Newspaper trumpet the legalization marijuana in several states. Articles track implementation of medical marijuana production, products, and sales in states with existing medical marijuana laws. Everyone is investing in marijuana producers and distributors. On November 12, 2018 the Philadelphia Inquirer reports with fanfare there are 84,000 Pennsylvanians registered as medical marijuana patients. The article emphasizes medical marijuana is not treating the medical condition stated on the licensee's card. Rather it is used to control medical symptoms of the 21 different serious medical conditions. Importantly, medical marijuana is replacing opiates to control pain and other disruptive physiological manifestations that originate from a diagnosed medical condition. This is success.
I recently wrote a blog about the enforcement environment for Pennsylvania medical professionals. Pennsylvania's Disciplinary Environment -- PNAP Investigations Pennsylvania's medical related licensing boards are receiving a record number of reports accusing licensees of drug related diversion, DUI arrests for alcohol or drug intoxications (medical marijuanna), and other impairments that affect professionals' ability to practice safely. In almost every circumstance, licensees' alcohol and drug related conduct now generates Petitions for Mental and Physical Evaluations. I have written numerous blogs about the importance of preparing for these evaluations and promptly attending.
PNAP case managers routinely contact nurses whom they think are impaired. Self reporting, DUI - ARD or convictions, or workplace complaints are the typical trigger. The goal is to secure PNAP/PHMP enrollment.
Last Week I published an article about Medical Marijuana. Just Say NO. https://www.phila-criminal-lawyer.com/Attorneys/Richard-Q-Hark.shtml