A Critical Regulatory Issue In Healthcare
A Critical Regulatory Issue in Health Care
Pamela Jackson
HCS/430
September 29, 2013
Jeannie Major
A Critical Regulatory Issue in Health Care
Health care legal issues today are an uphill climb due to not having a full understanding of case laws and why we have them. One of the most controversial issues today is prescribed marijuana for the terminally ill. This has been a legal battle for years in the health care industry, especially for those who suffer from chronic illnesses such as cancer. Marijuana is an illegal drug that many physicians and patients believe it aids in relieving pain and side effects of chemotherapy and radiation treatments, which is very debilitating for many patients and cause many more issues for the patient.
The states of California and Oregon have investigated the medicinal uses of marijuana closely. The differences in states approval or disapproval can be seen clearly with these two states. California for example views marijuana as a “Schedule I drug, meaning it can be possed and used to aid in survival and pain reduction for terminally ill patients. Yet, Oregon can legally permit physicians to prescribe the drug under Schedule II and patients can use the drug to end their lives.” (George J. Annas, J.D., M.P.H. 2006) The real question is whether or not the U. S. Congress had authority constitutionally and the autonomy to make a decision, since this would fall under the Commerce Clause. U. S. Supreme Court ruled that the clause gave them the power, the right, and the ability to regulate marijuana grown at home for personal medically related uses as it had “to regulate the amount of wheat a farmer grew on his farm for personal consumption.” (George J. Annas, J. D., M.P.H. 2006) The fact of the matter is this, it could have been prescribed legally by a physician was irrelevant.
This is a very slippery area for the health care industry and all those who prescribe medical marijuana are under the Controlled Substance Act (CSA)
Pamela Jackson
HCS/430
September 29, 2013
Jeannie Major
A Critical Regulatory Issue in Health Care
Health care legal issues today are an uphill climb due to not having a full understanding of case laws and why we have them. One of the most controversial issues today is prescribed marijuana for the terminally ill. This has been a legal battle for years in the health care industry, especially for those who suffer from chronic illnesses such as cancer. Marijuana is an illegal drug that many physicians and patients believe it aids in relieving pain and side effects of chemotherapy and radiation treatments, which is very debilitating for many patients and cause many more issues for the patient.
The states of California and Oregon have investigated the medicinal uses of marijuana closely. The differences in states approval or disapproval can be seen clearly with these two states. California for example views marijuana as a “Schedule I drug, meaning it can be possed and used to aid in survival and pain reduction for terminally ill patients. Yet, Oregon can legally permit physicians to prescribe the drug under Schedule II and patients can use the drug to end their lives.” (George J. Annas, J.D., M.P.H. 2006) The real question is whether or not the U. S. Congress had authority constitutionally and the autonomy to make a decision, since this would fall under the Commerce Clause. U. S. Supreme Court ruled that the clause gave them the power, the right, and the ability to regulate marijuana grown at home for personal medically related uses as it had “to regulate the amount of wheat a farmer grew on his farm for personal consumption.” (George J. Annas, J. D., M.P.H. 2006) The fact of the matter is this, it could have been prescribed legally by a physician was irrelevant.
This is a very slippery area for the health care industry and all those who prescribe medical marijuana are under the Controlled Substance Act (CSA)