DOH: Patient Database – Public Rulemaking Meetings Announced

DOH

Public Notification and Meeting Announcement – Medical Marijuana Authorization Database – Proposed Rulemaking: The Department of Health filed a CR-101 with the Office of the Code Reviser on August 14, 2015, to notify the public of their intent to begin rulemaking on chapter 246-71 WAC: Medical Marijuana Authorization Database. These rules will establish the requirements for a Medical Marijuana Authorization Database.

IF YOU OPPOSE THE NEW PATIENT DATABASE, THIS IS YOUR CHANCE TO PUBLICLY GO ON THE RECORD AND STATE WHY. The Department has scheduled four proposed rules meetings at various locations throughout Washington State.

The purpose of the proposed rules meetings will be to:
-Discuss the proposed content of chapter 246-71 WAC;
-Explain the state’s rule-making process and timeline;
-Invite stakeholders, members of the general public, and other interested parties to participate in the rule making process and to provide comment.

 
Meeting Dates, Time and Location Information:

September 2, 2015 – 1:00 p.m. to 4:00 p.m.
Black River Conference Center
800 Oakesdale Avenue
Renton, WA 98507

September 3, 2015 – 1:00 p.m. to 4 p.m.
Educational Service District 112
2500 N.E. 65th
Vancouver, WA 98661

September 15, 2015 – 9:00 a.m. to noon
Hilton Garden Inn
401 E. Yakima Avenue
Yakima, WA 98901

September 16, 2015 – 1:00 p.m. to 4:00 p.m.
Spokane Library- Downtown Branch
906 W. Main Avenue
Spokane, WA 99201

 
More information is available at the DOH website.
 

About the new patient database, or “registry”: The patient database is a “voluntary” database that was established under the new legislation SB5052 (the latest legislation that is destroying medical marijuana in our state). In order to grow more than four plants, purchase more than one ounce, or possess more than six ounces patients are now required by SB5052 to “voluntarily” join the new database. Note that the new authorization form does provide a way for medical doctors to recommend that a patient be able to grow up to fifteen plants, however this recommendation is only valid if it is included on the new authorization form AND if the patient voluntarily joins the new patient database.

Joining the database will be also required to avoid paying state sales tax on medicinal marijuana (but, you are only exempted from the state sales tax – NOT the state recreational tax, patients still legally are required to pay this tax!)

Governer Inslee promises that

“privacy will be ensured at the highest possible level, and the database does not in any way violate HIPPA”

SURE … (sarcasm). SB5052 did create a new felony for improperly accessing the database – however who is to say what is appropriate or what isn’t appropriate access? The WSLCB – who has a series of secret meetings with law enforcement scheduled throughout this fall already? Only time will tell.

Qualifying patients who choose not to register will retain the right to present affirmative defense in court, under what remains of Initiative 692, passed by voters in 1998.

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One response to “DOH: Patient Database – Public Rulemaking Meetings Announced

  1. How can you say that your data base does not violate In any way hippa when patients are forced to turn over private medical information to non-medical personnel?

    How can you say that the data base is “voluntary” when immunity from prosecution is removed and replaced with an affirmative defense, when so many restrictions are imposed on patients when recreational folks have immunity and the only restriction is age and, of course, payment of taxes?

    With all of the hoops patients must jump through, while stoners don’t, how can this statute not violate equal protection? Certainly health is immutable and ill people is a protected class

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