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"three Prongs" ? No. Coa Says Its A "four Prong" Definition Now.


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they took hartwick, tuttle and now poor mr goodwin

 

http://courts.mi.gov/opinions_orders/case_search/pages/default.aspx?SearchType=1&CaseNumber=320591&CourtType_CaseNumber=2

 

 


Finally, with regard to the fourth prong, there was no testimony from any of the patients whether they gave Dr. Proctor permission to notify their primary care physicians of their medical conditions and use of medical marijuana. In sum, defendant presented insufficient evidence to meet the Legislature’s four-prong definition of a bona fide physician-patient relationship. Therefore, although the trial court erred by failing to apply that definition, the error was not outcome determinative.

 

so tell your dr, probably in writing, that he/she does or does not have permission to tell your primary doc your medical conditions / use of mmj.

 

also when appealing, make sure to ask the court a lot of different questions. otherwise they will say you didnt raise the question and then you get pooped on by the higher courts.

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I just wanted to point this out in general:
 
 

"There was also insufficient evidence to establish the third prong of the definition, i.e.,

whether Dr. Proctor had a reasonable expectation that he would provide follow-up care to the

patients and monitor the efficacy of the use of medical marijuana as a treatment of their

conditions. Dr. Proctor’s testimony, as well as his patients’ testimony, was clear that he never

provided follow-up care to the patients, and he did not monitor the efficacy of the medical

marijuana. Although he made himself available for questions if needed, Dr. Proctor only saw the
 patients for certification and renewal of certification, which was once per year. The record is

clear that Dr. Proctor had no intent, let alone a reasonable expectation, to monitor his patients’

use of medical marijuana."
 
 
 
 
My epilepsy medications are prescribed once a year(11refills) and liver function test once a year. I do not understand why they think followup care doesn't reasonably occur on a once a year basis.
 

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right. if you have a concern or an issue your physician would be available anytime to speak to or to visit if necessary. that show all of our physicians

carry on I thought. My primary doc often tells me "you could have called me for an answer, you didn't have to come all the way out here for that." 

 

I hope they aren't planning to begin doing this when they find prescriptions on citizens too, We all potentially end up behind bars :o

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In my case, my IBS is a syndrome and not going away.  If  I don't contact the doc doesn't that mean it's working, understood.  As in, I'm feeling ok I don't need you?  Will they up the requirement to every day just to prosecute more people?  Why do they even get to say?  Did any of them ever take a biology class?  EMT course?  Would they know ANYTHING about ANY of these conditions enough to recommend whether or not you needed to see or were seeing your doctor enough?  WTF can they even take anything other than the note that the doc said it's ok into consideration?  Fuxin power hungry fux!!!

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In my case, my IBS is a syndrome and not going away.  If  I don't contact the doc doesn't that mean it's working, understood.  As in, I'm feeling ok I don't need you?  Will they up the requirement to every day just to prosecute more people?  Why do they even get to say?  Did any of them ever take a biology class?  EMT course?  Would they know ANYTHING about ANY of these conditions enough to recommend whether or not you needed to see or were seeing your doctor enough?  WTF can they even take anything other than the note that the doc said it's ok into consideration?  Fuxin power hungry fux!!!

 

 

Thank for saying it 

 

They will do as much as they can to nail someone  i think this is from Oakland County i haven't looked at it yet they where talking about the case on the Radio show PGT i try to get people to tune in as much as i can so they all can know what to watch out for other wise more will be arrested after this kind of ruling 

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In my case, my IBS is a syndrome and not going away.  If  I don't contact the doc doesn't that mean it's working, understood.  As in, I'm feeling ok I don't need you?  Will they up the requirement to every day just to prosecute more people?  Why do they even get to say?  Did any of them ever take a biology class?  EMT course?  Would they know ANYTHING about ANY of these conditions enough to recommend whether or not you needed to see or were seeing your doctor enough?  WTF can they even take anything other than the note that the doc said it's ok into consideration?  Fuxin power hungry fux!!!

 

 

They are simply grasping at any straw they can in order to prevent the proliferation of a substance that they do not understand, do not want to understand, and of which they harbor a primal fear.

 

This whole argument they are making about the "bona fide relationship" , if applied to ALL Doctor-patient relationships, would create havoc in the system. No one could say for sure whether or not the relationship they have with any given physician is indeed "bona fide". Prior to all this mumbo jumbo, EVERY patient-physician relationship was considered bona fide. I don't think the question ever came up prior to medical marijuana legalization.

 

When will insurance companies jump on this and start denying claims due to "no bona fide relationship" with the physician?

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Norby. You are so spot on. Drs make money off you being SICK,not well.

In my case, my IBS is a syndrome and not going away.  If  I don't contact the doc doesn't that mean it's working, understood.  As in, I'm feeling ok I don't need you?  Will they up the requirement to every day just to prosecute more people?  Why do they even get to say?  Did any of them ever take a biology class?  EMT course?  Would they know ANYTHING about ANY of these conditions enough to recommend whether or not you needed to see or were seeing your doctor enough?  WTF can they even take anything other than the note that the doc said it's ok into consideration?  Fuxin power hungry fux!!!

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