cannabisnews.com: Molalla Doctor Facing Discipline





Molalla Doctor Facing Discipline
Posted by FoM on January 19, 2002 at 21:43:03 PT
By Tim Christie, The Register-Guard
Source: Register-Guard
Dr. Phillip Leveque's days as Oregon's leading endorser of medical marijuana applications may be numbered. The state Board of Medical Examiners on Thursday charged Leveque with unprofessional conduct for the way he's gone about signing medical marijuana applications for more than 1,000 sick Oregonians. The 11-member board voted unanimously to discipline Leveque and ordered the 78-year-old Molalla osteopath to undergo psychological and physical exams to determine his competency to practice medicine.
Board members would not say what sort of discipline they're contemplating for Leveque. But options include probation, a monetary fine, restrictions on how he practices medicine and revocation of his medical license.Board members agreed that Leveque's practice of medicine is "below the standard of care" required of Oregon physicians, board Chairman Dr. James Scott of Roseburg said after the meeting."Our charge is to protect the public from the inappropriate practice of medicine," he said.Leveque is not being disciplined because the medicine in question is marijuana, said board member Dr. Erik Nielsen of Portland."It could have been any prescription or recommended therapy given without appropriate examinations and interviews," he said.The board is unlikely to take final action against Leveque before its next quarterly meeting in April, during which time Leveque can continue practicing medicine.In the meantime, Leveque and his attorney could choose to contest the charges before an independent hearings officer, or they could choose to negotiate a settlement before the board takes final action.Neither Leveque nor his attorney attended Thursday's meeting. In a phone interview afterward, Leveque maintained that he's been following "the regulations to the letter on everything I've done.""This is a tragedy," he said. "It is even worse because I thought and patients thought we were doing everything required."He questioned the board's authority to discipline him. The medical marijuana law explicitly bars the Board of Medical Examiners from taking disciplinary action against physicians who sign applications for qualified patients.He said he didn't know whether he would contest the charges against him.Leveque said his patients have contributed money to offset his legal expenses, which to date have totaled $8,000.His attorney didn't return a phone call seeking comment.Leveque has signed for more than 1,000 medical marijuana applicants, accounting for more than 40 percent of all card-holders since the law took effect in 1999.Until state health officials changed the rules last summer, Leveque did not conduct physical exams nor keep medical records on the patients he signed for.In most cases, he examined patients' medical records to verify they had a qualifying medical condition and talked to patients before signing their applications.In some instances, he consulted with patients over the telephone, rather than in person."They issued 900 cards on that basis," he said, referring to the applications he signed before the state changed its rules last summer. "If there was a problem someone said, `Hey you're not supposed to do that.' " He maintained that he met the law's original definition of an attending physician: one "who has primary responsibility for the care and treatment of a person diagnosed with a debilitating medical condition.""The attending physician is the doctor you're going to see this afternoon, whether you've seen him before or not," Leveque said.State health officials refined the definition last summer to require an attending physician to conduct a physical exam, maintain medical records and do follow-up care.Since October, Leveque said he has been frantically traveling the state, conducting some 450 physical exams on patients he previously signed for.Leveque has maintained the only reason he's signed for so many patients is that most doctors refuse to recommend marijuana for their patients.He said he was concerned about the welfare of the patients he signed for if he loses his medical license."Those people are in severe legal jeopardy and medical jeopardy," he said.Dr. Grant Higginson, head of Oregon Health Services, which oversees the medical marijuana program, said he would need to check with lawyers to find out whether medical marijuana patients' cards would still be valid if Leveque's medical license is revoked."My guess is anything he signed prior to disciplinary action would be valid," he said.Under the law passed by voters in 1998, patients suffering from a "debilitating medical condition" are allowed to grow and possess small quantities of marijuana if their doctor certifies that the drug could help their medical condition. Patients must pay a $150 fee for a medical marijuana card, which is good for one year.If the board takes disciplinary action against him, Leveque predicted it would have a chilling effect on other doctors who are asked to sign applications."No other doctor is going to subject themselves to this kind of treatment," he said.Lee Berger, a Portland lawyer who helped write the law and advocates for medical marijuana patients, decried the planned discipline against Leveque."I'm upset the BME has chosen to go after the physician who is helping patients instead of going after physicians who denied patients access to this medicine," he said. "It's really a dark day for Oregon when the government goes after a compassionate physician who is trying to help patients with debilitating medical conditions where their own physicians won't."Source: Register-Guard, The (OR)Author: Tim Christie, The Register-GuardPublished: January 18, 2002Copyright: 2002 The Register-GuardContact: rgletters guardnet.comWebsite: http://www.registerguard.com/Related Articles & Web Site:Medicinal Cannabis Research Linkshttp://freedomtoexhale.com/research.htmMedicinal Pot Is Doctor's Specialtyhttp://cannabisnews.com/news/thread10814.shtmlDoctor Defends His Use of Medical Marijuana Law http://cannabisnews.com/news/thread10292.shtmlDoctor OKs Almost 900 Medical Marijuana Cardshttp://cannabisnews.com/news/thread10232.shtml 
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Comment #4 posted by Sam Adams on January 20, 2002 at 11:45:25 PT
Hero
Our society is remarkably short of people willing to risk it all, actually, to risk anything, in order to stand up for what's right. This guy is one of those people.Again the media printed only incriminating info on Dr. Leveque, neglecting to mention the fact that he's a WWII veteran and originally got involved with MMJ for veterans who's wimpy VA docs wouldn't help them.
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Comment #3 posted by lookinside on January 20, 2002 at 11:35:14 PT:
our own experience...
Our own general practitioner would not give my wife a recommendation. He knew of her use and was aware of the benefits she experienced. He is afraid to cross the feds.
We went to a doctor in the SF bay area who was known to give recommendations where warranted. He examined my wife, read her medical records, asked about her current condition and how Cannabis affected her symptoms. He gave her the recommendation.Shortly thereafter, my wife was referred to a well respected Rheumatologist. This doctor asked my wife to stop using Cannabis in favor of prescription drugs to see if something else would be more effective. My wife complied. after 6 months of trying everything, including Marinol, This doctor wrote my wife her second recommendation. Cannabis DOES help.(This doctor has told my wife that if we ever need her testimony in court, she'd be more than willing.)Now we need more doctors who will do the right thing when the evidence indicates Cannabis is preferable to prescription drugs.
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Comment #2 posted by Lehder on January 20, 2002 at 08:31:47 PT
supply and demand
Most physicians are team players and businesssheeple. Too cowardly to recommend marijuana themselves, the best among them probably do no more than to refer their patients to Dr. Leveque. It's no surprise that the he has a lot of trade. 
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Comment #1 posted by goneposthole on January 20, 2002 at 08:01:27 PT
witchhunt in progess
Greenwood has been gathered and the stake is in place.What has Dr. Leveque really done wrong or illegal?
If a patient who is desperate to receive some relief and release from a debilitating condition or terminal illness wants to use mm for treatment, any attempt to prevent its use is and should be a crime.Tar and feather those who are disciplining the good doctor."He questioned the board's authority to discipline him."This leads me to believe that not only is he competent but also disconcerting. Dr. Leveque can see right through this line of BS. I would have a lawyer, too.All of the lies and distortions about marijuana were the first consideration by the Oregon Board of Medical Examiners. Leave people alone, if they are sick and need help and if marijuana helps them don't stand in their way, do them no harm. Be a good Samaritan and help them in any way that you can. If it means some fine medical marijuana and it does wonders then how can anyone object?
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