Pennsylvania's Medical Marijuana Act sets forth a very specific administrative appeal process addressing prescribers and card holders subjected to a disciplinary action. Within the Department of Health, Department Office of Medical Marijuana, violations of the Act shall be prosecuted by the Office of Legal Counsel. Evidentiary rules and administrative practice will be governed by the General Rules of Administrative Practice and Procedure. ("GRAPP")
An administrative appeal of any department action affecting your medical marijuana card or license to prescribe must be taken in writing within 30 days after the individual or person to whom the action of the offices directs or issues a notice of the action. An untimely appeal will be deemed an admission of the violation of the Act and may result in dismissal of any late appeal with prejudice. 28 Pa.Code § 1249.39.
Failure to answer a disciplinary action in a formal proceedings will result in a default judgment being entered and the allow the Department of Health to refuse to grant a late hearing request. All documents must be filed in writing with the clerk, with the license or permit number, as well as the identity of an individual filing the petition and their mailing address. Failure to comply with these simple pleading requirements may result in the Department rejecting any filing.
A party shall be represented by an attorney at all stages of the proceedings. A party includes a corporation. The attorney must be in good standing and admitted to practice before the Pennsylvania Supreme Court or upon motion having been admitted in another jurisdiction and admitted in Pennsylvnaia pro hac vice.Proper pleading practice includes filing formal answer within 30 days of receipt of the order to show cause, including legal objections and any denial of facts averred in the original order to show cause. Affirmative defenses, admissions or denials must be stated clearly and concisely. Please call me to discuss your medical marijuanna card and any displinary action you may face.
Medical marijuana has the potential to create huge licensing issues for physicians and all other health care practitioners. On May 17, 2018 what was a temporary regulation became a final annual regulation that targets medical doctors for discipline. Identified at 28 PA. Code § 1181.25, any physician identified in the Medical Marijuana Practitioner Registry will now be subject Department of Health annual reviews. Mandatory Arrest Reporting Responsibility The review will seek to determine if the physician's license is inactive, expired, suspended, revoked, limited or otherwise restricted by the applicable medical board, or if the physician has been subject to professional disciplinary action. This insures that every medical marijuanna "Medical Practitioner" must report to the Medical Board and the Department of Health both upon arrest and annually, any arrests and/or pending disciplinary action.