Law prevents proposed restriction on offender use of medical marijuana

Contributed by Bob" ,Internet:
NEWSRELEASE Montana Department of Corrections * 1539 11th Avenue
Helena, Montana 59620 * 444-3930 * Fax: 444-4920
FOR IMMEDIATE RELEASE
Thursday, May 29, 2008
CONTACT: Diana Koch, 444-9593

Corrections: Law prevents proposed restriction on offender use of medical marijuana
A proposed change in Department of Corrections rules imposing standard conditions for offenders on parole or probation will not include a restriction on physician-approved use of marijuana for medical purposes, the agency said Thursday.

Diana Koch, chief legal counsel for the department, said the decision to exclude the marijuana provision from the rules does not mean the department endorses the use of marijuana. "The use of marijuana is not in the best interest of the public or of offenders, who are responsible for rehabilitating themselves while under supervision in the community, she said.

The wording of the 2004 law allowing doctor-authorized marijuana use prevented adoption of the rule, she explained. "Our hands are tied by the way the initiative-passed law was written. As a result, those who have broken law cannot be subject to this reasonable restriction."

Proponents of marijuana use by convicted felons testified at administrative rules hearings that the medical marijuana act prohibits any penalty for using medical marijuana, regardless of an offender's criminal history. After considering the comments, the department acknowledged that the law does not contemplate permitting such restrictions, even for people on probation or parole.

"The process of reviewing and adopting administrative rules works," Koch said. "The public was heard.

"I'm not sure the voters of Montana understood that the medical marijuana act was going to go this far," she added. "There is the very real possibility that a person convicted of drug distribution can get a medical marijuana card, and there is nothing probation and parole officers can do about it."

During the rules process, the Department of Corrections proposed prohibiting all persons on probation or parole from using marijuana, even if they obtained a medical marijuana card. Offenders could have obtained a judicial exemption for medical reasons and the proposed restriction would have ended when offenders completed their sentences.

Most of the remaining rule changes affecting conditions of supervision make more specific existing regulations regarding prohibitions on gambling, firearms and alcohol; allowing searches of an offender's home and random testing of offenders for alcohol or illegal drug use; and offenders' payment of court-ordered fines and restitution. Those rules are scheduled to take effect June 13.
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PharmAssist/ ARM Update

The PharmAssist Program was created by the 2005 legislature to provide Montana citizens with an avenue to receive one-on-one consultations with a licensed pharmacist about the prescription drugs they are taking.

The addition ACORD has been waived: The ACORD was initially an addendum to the required personal liability insurance. It specifically requested that language be included that the "State of Montana is included as additional insured." Since DPHHS is utilizing personal service contracts that are limited to $5k they are able to remove that requirement as well as the extra $150 cost.

May 12th marks the end of the 45 days that pharmacists have to fill out and return their contracts and supporting information with a copy of their liability insurance. For program information contact Roger Citron, RPh at Montana Medicaid, rcitron@mt.gov or call (406) 444-5951.

Please act quickly and return your contracts with a copy of your personal liability insurance!!! Please visit the DPHHS website for more information on the PharmAssist program at http://www.dphhs.mt.gov/prescriptiondrug/index.shtml

Montana Pharmacy Association Members (MPA) Can Receive Insurance from Pharmacists Mutual Insurance Company: The Montana Department of Public Health and Human Services has informed us that pharmacists wishing to participate in the PharmAssist program must obtain and include a copy of their personal liability insurance when they return their signed contracts.

MPA members interested in the PharmAssist Program should know that our endorsed insurance provider, Pharmacists Mutual Insurance Company, has a policy that meets the needs of this program with an annual premium of only $144. Pharmacists Mutual recognizes that the policy is suitable for an employed pharmacist who will engage in no more than 10 hours per week of outside consulting. (Pharmacists Mutual also has a competitively priced policy for those employed pharmacists who will do more than 10 hours per week of outside consulting.)

Pharmacists Mutual Insurance Company dedicates itself to understanding the pharmacy profession. This premium demonstrates Pharmacists Mutual's understanding of our duties and exemplifies the reason the Montana Pharmacy Association exclusively endorses Pharmacists Mutual. To learn more about this offer, contact Kimberly Dornbier of Pharmacists Mutual at (800) 247-5930 ext. 7441.

To become a Montana Pharmacy Association Member and take advantage of these great prices, not to mention all the other membership benefits, please visit: http://www.rxmt.org for details.

Special thanks to all those at DPHHS, Montana Medicaid, Montana Pharmacy Association, the University of Montana, and Pharmacists Mutual for all their hard work on the PharmAssist program.

In addition, please view the proposed rule for Montana Medicaid:

The department is proposing amendments to ARM 37.86.1105 that would implement a 1.67% increase to the Medicaid pharmacy dispensing fee as allowed by legislative appropriation. This would increase the maximum dispensing fee from $4.86 to $4.94 for in-state providers.

The department is proposing amendments to this rule that would allow Medicaid
pharmacy providers to dispense generic maintenance medications in amounts sufficient for a 90-day supply or 100 units, whichever is greater. Other medications would be dispensed in quantities as great as a 34-day supply

For example, the current prescription cost for a 34-day supply of lisinopril 10 mg is $6.97 total ($2.03 for the drug, plus a $4.94 dispensing fee). Multiplied by 3 months, it would cost the department $20.91 for 102 days of medication. The recipient's cost share would be $1.00 each time, a total of $3.00. If the recipient were to pick up 100 doses of this prescription, the cost would be $10.91 ($5.97 for the cost of the drug plus a $4.94 dispensing fee). The recipient's cost share would be $1.00 for that prescription.

Please view the proposed rule on PDF pages 130-134 at: http://www.sos.mt.gov/ARM/Register/archives/MAR2008/MAR08-08.pdf

Please do not call MT Medicaid on this issue: Interested persons may submit their data, views, or arguments either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to Rhonda Lesofski, Office of Legal Affairs, Department of Public Health and Human Services, P.O. Box 4210, Helena MT 59604-4210, no later than 5:00 p.m. on May 22, 2008. Comments may also be faxed to (406)444-1970 or e-mailed to dphhslegal@mt.gov. The department maintains lists of persons interested in receiving notice of administrative rule changes. These lists are compiled according to subjects or programs of interest. To be included on such a list, please notify this same person or complete a request form at the hearing.