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Medical Marijuana: Veterans Administration Says Positive Marijuana Drug Screening Will Not Void Pain Contracts for Vets with Doctors' Recommendations

Submitted by Phillip Smith on (Issue #588)
Politics & Advocacy

The Veterans Affairs watchdog group VA Watchdog reported last week that the VA will not remove veterans with medical marijuana recommendations who test positive for pot from its pain management programs. Just don't bring your medicine to a VA facility.

In recent years, vets who use marijuana medicinally have been thrown out of VA pain management programs as "drug abusers" after testing positive for marijuana. This policy shift will provide some solace, but only to those vets residing in states where medical marijuana is an option.

The VA has clarified its policy. While restating that it remains illegal to use or possess marijuana at VA facilities because of federal law, the agency will now accept medical marijuana use in states where it is legal:

"[I]t is acknowledged that testing positive for marijuana in a patient, based upon a random drug screening, will not serve as a breach of the current pain management agreement if the patient submits documentation in support of the marijuana being prescribed and dispensed in conformity with Michigan law," wrote Gabriel Perez, director of the Lutz Veterans Affairs Center in Saginaw, Michigan.

According to VA Watchdog, the policy appears to be the same in all states where medical marijuana is allowed under state law. But the VA has not released an official policy statement on the matter.

Permission to Reprint: This content is licensed under a modified Creative Commons Attribution license. Content of a purely educational nature in Drug War Chronicle appear courtesy of DRCNet Foundation, unless otherwise noted.

Comments

American and P… (not verified)

VA has to get consent for drug testing....read

 

9VHA HANDBOOK 1004.01 August 14, 2009

consent. Both oral informed consent and signature consent must be documented in the patient’s electronic health record. In accordance with VHA policy on documentation of patient records, documentation must be sufficient to serve as a basis to plan patient care, support diagnoses, and warrant treatment (see VHA Handbook 1907.01). In most cases, a brief statement such as “patient consented to treatment plan” is sufficient for these purposes.

  1. For tests that provide information that is particularly sensitive or may have significant consequences for the patient, as discussed in subparagraph 13a(1), the patient's oral consent to each test must be explicitly documented. NOTE: If specific consent is not obtained or documented, and the patient subsequently objects to the test, the patient must be notified of the patient's right to request that information pertaining to the test be expunged from the patient's electronic health record, consistent with VHA Handbook 1907.01.

also...

 

6August 14, 2009 VHA HANDBOOK 1004.01

(a) For treatments and procedures that are low risk and are within broadly-accepted standards of medical practice, it is sufficient to obtain oral consent for the entire treatment or procedure without explicitly discussing each of its component elements; for example, a practitioner may obtain consent for a panel of routine blood tests without explicitly discussing that the panel includes tests for sodium, potassium, and chloride.

(b) Information about certain tests must be considered “information that a patient in similar circumstances would reasonably want to know” because these tests are particularly sensitive and may have consequences that the patient might reasonably want to avoid. These tests include, but are not limited to, specific tests to identify illicit drug use, alcohol intoxication, HIV, Hepatitis C, Hepatitis B, Methicillin-Resistant Staphylococcus Aureus (MRSA), sexually-transmitted diseases, and inheritable genetic abnormalities. For these tests, practitioners must obtain specific consent and follow the informed consent process as outlined in the remainder of this paragraph. Signature consent is not required; oral consent is sufficient and must be documented in the patient's electronic health record (see subpar. 13c(1)).

 

When you research this you will find that consent is time limited (30 to 60 days) and ref's to US Code

Thu, 01/16/2014 - 10:31pm Permalink
Linnette Helmuth (not verified)

Interesting analysis . I was fascinated by the facts , Does someone know if my company might be able to locate a blank DoL EE-2 copy to fill out ?
Tue, 12/08/2015 - 4:40pm Permalink

When it comes to pain, no one knows it like us vet's who received injuries while on active duty.  The VA only cares about reducing pain medicaiton to those who really need it just to make them look good.  Those making policy decisons concerning pain medicaitons are not aware of the suffering many of us are going through.  WHY they don't let us Vets who experience pain levels of 10, help write these policies is beyond me, expect they really do not give a damn.  If POT can help relieve the pain and suffering us vets go through because of injureis we received while on active duty, then let it be allowed.  Only reason I can see why the VA is not doing everythng possible to redieve us vets from extreme pain is, They NO LONGER put veterans first. I am 100% Service Connected totally disabled veteran.

Thu, 08/30/2018 - 3:39pm Permalink

THOSE making these policies do not know the pain and suffering we veterans go though.  Those of us who were injuried while on active duty, suffer more than we need to because of those making policy decisions within the VA.  They only are concerned with drawing a paycheck while at the same time ignoring the cries of us veterans who are suffering because of injuries we received while on active duty.  I was recently hospitalized and the VA doctor refused to give me pain medicaiton because of what he stated was "VA POLICY".  I had to reort to obtaining pain medicaiton by other means.  The VA is proving that it NO LONGER puts the veterans first.  I feel, that if we veterans have to resort to POT for relief from our service connected pains, then  so be it.  It is obvious that the VA really does not give a damn.  FIGHT BACK VETERANS.  Write you congressman and the Preident as often as you can.  WRITE arttiles for your local paper.  Tell you family and friends to write letters also.  I have suffered with severe pain since I received my injuries back in 1974.  I am 100% Service Connected totally disabled veteran.

Thu, 08/30/2018 - 3:47pm Permalink

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