APRIL 29, 2015 ORDER GRANTING RELIEF:

The Court finds:

1. The DOH has not exceeded its authority by requiring submission of medical records by patients applying to the program with PTSD if the requirement is limited to verifying the diagnosis of PTSD.

2.  There is no statutory authority for the DOH to require that a PTSD patient's certifying practitioner attest that "standard treatments have failed to bring adequate relief" as a condition of approving an application.

3.   As part of an initial application, the DOH may require from patients and their practitioners no more information that (sic) what is included in Sec. 26-2B-3(H).

4.  The DOH may require a practitioner to submit a "written certification" in support of a patient's application; but the DOH may not require that the certification contain any information or attestation that is not expressly required by the Act.

However, DOH has authority of (sic) verify the diagnosis of PTSD and may:  request medical records from a patient and/or patient's practitioner only 2) to verify the truthfulness of the application, i.e. regarding diagnosis, 2) if the Department has reason to believe that the patient has submitted false information regarding diagnosis. This may be required at the time the certification is submitted or after.

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Section 26-2B-3(H):   H. "written certification" means a statement in a patient's medical records or a statement signed by a patient's practitioner that, in the practitioner's professional opinion, the patient has a debilitating medical condition and the practitioner believes that the potential health benefits of the medical use of cannabis would likely outweigh the health risks for the patient. A written certification is not valid for more than one year from the date of issuance.
HISTORY: Laws 2007, ch. 210, ยง 3.


Carola Kieve, M.D vs. New Mexico Department of Health and Medical Cannabis Advisory Board

Case No. D-101-CV-2014-00140

Complaint for Declaratory Judgments and Jury Demand (1/17/14)

Motion to Dismiss (2/24/14)

Attachment 1:  Business Records

Attachment 2:  Press Release

Dr. Kieve's Response to Defendants' Motion to Dismiss (3/13/14)

Reply to Response to Motion to Dismiss (4/17/14)

Amended Complaint for Declaratory Judgments (4/18/14)

Answer to First Amended Complaint (9/19/14)

Plaintiff's Witness List
Plaintiff's Expert Witness List
Plaintiff's Exhibit List

Defendant's Witness List

 

 

 

 

 

 

 

 

 

 

 

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U. S. Constitution:

9th Amendment:

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

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10th Amendment:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.


N. M. Constitution:

Article 2; Section 4