Excellent point, fibrofixer. I will ask my lawyer, Kirk Tousaw, about this strategy. We may want to try this as well. I have considered this strategy as a way to get our club an exemption but I honestly never thought of it from a patient's perspective. It is similar to the way Insite fought for its exemption.

Make sure you are documenting everything that happens with her dr.

We are seeing her doctor on thursday and will have to see his reasoning for not sending them out. As he is delaying her in getting a more effective medicine.

From the Canadian Medical Association Code of Ethics.......

For reference: http://policybase.cma.ca/dbtw-wpd/PolicyPDF/PD04-06.pdf


One 'snip': under 'Fundamental Responsibilities'

"37. Upon a patient’s request, provide the patient
or a third party with a copy of his or her medical
record, unless there is a compelling reason to
believe that information contained in the record
will result in substantial harm to the patient or
others."

---

There are many other statements under the CMA's own Code of Ethics I personally was unaware of... interesting read none the less

It won't harm the patient, it will relieve the patient of fear of proscution for choosing a medicine that's more effective.

She doesn't experience any negative side effects while using cannabis.

While it may be within his code of ethics to refuse her, it still infringes upon her rights to alternate forms of treatment.

Not what I was inferring FF, and I think you misunderstand the text... It's saying

".....unless there is a compelling reason to
believe that information contained in the record
will result in substantial harm to the patient or
others."


In other words.... this is in YOUR favor.

so what would be a viable reason for a doctor to refuse medical records? as her getting her mmar would do the opposite of harm her.

having a hard time understanding the wording, not seeing a circumstance that medical records could harm her, or is this to protect from forms of fraud?

If I'm not mistaken, I believe the context is to protect the patient as in say... an employer or such wanting the info.

That's how 'I' read it anyways.

I realize your reading with a negative view because of your situation, but I offered the info/link with hopes it would help you understand your patient rights and obligations that your doctor is responsible under the guidlines.

hope it helps....

Why not call up her doc and follow-up with the records department; let them know you've been told by a consulting physician records have been requested twice (and support your assertion with the dates of said requests). Let them know she NEEDS the records shared urgently for "continuity of care," and point blank ask them when you can reasonably expect this process to be completed.

I honestly don't know what her physician's office problem is, but it COULD be a simple case of incompetence of the office staff. Could also be the clinic sent the request on the wrong form or to the wrong fax number, etc.

I guess what I'm saying is the reason for the delay could be benign, but since it's having an adverse effect on you, you certainly should follow-up to light a fire under their asses.

Best of luck to you!

Thank you for the advice i will give them a call in the morning to inquire why the delay.

So i got to sit down with her doctor today, and he informed us of his concerns, said he wasn't saying no and faxed her medical records, He is concerned that if she is using marijuana for her pain relief, that he can't comfortably perscribe her anything as the effects of combining marijuana and perscription drugs are unknown for the most part. So hopefully we hear back from the clinic soon. He said he has a patient that uses marijuana(an amputee) and he is ok with that cause he does not perscribe him anything.

He informed us that he knows it's her right if she wants she can use it, and he would but feels that if she is choosing that decision that she is giving up. I disagree tho, She isn't giving up, she is deciding that marijuana works.