Pubdate: Mon, 15 Apr 2013
Source: Northern Express (MI)
Copyright: 2013 Northern Express
Contact:  http://www.northernexpress.com/
Details: http://www.mapinc.org/media/3079
Author: Stephen C. Benton

IN DEFENSE OF THE DOCTOR

Thank you Northern Express and writer, Patrick Sullivan, for covering 
the story about Dr. Ed Harwell (who was charged with a felony for 
prescribing medical marijuana - ed.). I find this situation deeply 
disturbing. Having been in the health care industry since 1990, and 
an avid researcher, I'd like to share my ideas.

In United States law pertaining to health care providers, it is an 
M.D. that determines "medical necessity." The presence of medical 
records only serves to substantiate a doctor's findings. Likewise, 
the absence of medical records does not indicate that something is 
not medically necessary.

Consider emergency room visits. If patients had to bring medical 
records along before being treated, many would end up dead. 
Therefore, when a doctor sees a patient, that doctor makes the 
determination of medical necessity (to prescribe narcotics, 
anti-depressants, digestive meds, morphine, methadone, a referral to 
a specialist, emergency surgery...). The doctor needs no medical 
records to do so.

For example, I recently changed primary care providers. I had an 
in-depth discussion with the new M.D. and indicated all my medical 
challenges and areas of pain. He was able from that interaction to 
write me scripts for the medicines I needed. He was not in possession 
of a single medical record for me.

This process sounds exactly like what Dr. Harwell does when he 
certifies a patient in the medical usage of cannabis. Obviously, Dr. 
Harwell has determined that there is a "medical necessity" to warrant 
such certification.

"Cody Boyd," (the undercover officer's name) provided false testimony 
to the doctor. Will that county's prosecutor try Boyd for "medical 
fraud?" Boyd confesses to lying about having neck pain and anxiety 
but tells the doctor about his real, chronic knee pain.

 From research, I discovered that "chronic pain" is a legitimate 
condition listed on the "Physician Certification" (a Michigan Medical 
Marihuana form that a doctor completes when determining the medical 
necessity of cannabis).

Therefore, the chronic knee pain that Boyd referred to is a 
legitimate condition for the medicinal use of cannabis. Dr Harwell 
did the right thing.

Dr. Harwell listened to verbal testimony, performed a manual exam of 
the knee and checked the knee's reflexes with a plexur (those funny 
little hammers you play with when waiting for doctors). He checked 
Boyd's blood pressure, found it was high and instructed Boyd to 
recheck the pressure at a pharmacy later and to call the doctor if it 
was still high. Talk about a doctor that cares! When was the last 
time your doctor encouraged you to call him/her personally? Sounds 
like a genuine doctorpatient relationship. Dr. Harwell treated that 
patient flawlessly.

Physicians write thousands of prescriptions for narcotics, and other 
painrelieving drugs each day in the U.S. When a doctor determines 
that there is a medical necessity for cannabis use, then this should 
be no different. Cannabis is a legitimate medicine and can ease 
peoples' suffering. It often alleviates pain better than medicines 
currently prescribed, and with insignificant and non-life-threatening 
side effects (drowsiness).

Consider the spooky side effects that drug manufacturers list at the 
end of their T.V. ads. Let's continue speaking with others about this 
case and get the word out that Michiganians will not accept the 
police harassment of citizens who are trying to do good, such as Dr. 
Ed Harwell.

Stephen C. Benton

Petoskey
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