Colorado Constitution Article 18 Section 14 says:
"...The agency shall notify the applicant that his or her application for a registry identification card has been denied if the agency's review of such documentation discloses that:
...the documentation fails to state that the patient has a debilitating medical condition specified in this section or by state health agency rule;"
But most importantly:
"or the physician does not have a license to practice medicine issued by the state of Colorado."
These doctors in question have licenses to practice medicine in the state of CO. These doctors do qualify under the Colorado Constitution.
Most doctors who participate in the insurance industry will not sign these recommendations, because the insurance industry will reject them. Other doctors do not want to hinder their license to practice in any way by signing anything to do with a federally illegal substance that is a schedule 1.
There were a limited number of doctors that even felt comfortable signing. Now there will be fewer. Now the patients right of access will be even more limited. There is no reprieve for patients.
Sen Chris Romer D) and Sen Tom Massey(R) and Senator Joyce Foster(D) publicly stated their intent to close down the program and put the genie back in the bottle with the language in SB109 and HB1284.
First, attack the patients via attacking the caregivers and dispensaries via HB1284.
Second, attack the patients via the doctors via SB109.
It can't be any clearer. The state legislature, the CDPHE, the DOR and law enforcement are stomping all over the vote of the Colorado citizenry in 2000. The Colorado Constitution is under attack. Everyone's rights are under attack.
The doctors recommendation alone (without the state card or application costing $90) gives a person an affirmative defense in court. The red card takes away all criminal penalties so a patient wont end up in court. It's unfortunate that this action against doctors means more patients will avoid applying for their state license and could help clog our courts even more. The positive side, I guess, is that they could sue for damages after they win in court. But who has the time or money for that, as the economy collapses around us?
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