August 28, 2018 - Topic: Medical Marijuana in the Workplace
Attorney Karl Ulrich spoke at the Northern Cincinnati Safety Council Meeting on August 28th. The Sharonville Chamber of Commerce and the Ohio BWC sponsored event was host to over 50 representative from local businesses.
Welfare and Drug Testing Policy in the USAFaisal Farrukh
American Congress adopted the Anti Drug Abuse Act in 1988. In 1995 the policy was further refined and the government started implementing its drug free policy. The drug free policy enforce denial of federal benefits to users, possessors and traffickers from one to five years and the third timers permanently. This included grants, contracts, licensing, loans, but excluded welfare and public housing. In 1996 the government enacted Personal Responsibility and Work Opportunity Reconciliation Act, created Temporary Assistance for Needy Families (TANF) to make people move from welfare to work, a mandatory state run drug test.
Are you aware of Medicare Fraud and Abuse?Jessica Parker
Most physicians strive to work ethically, provide high-quality medical care to their patients, and submit proper claims for payment. Trust is at the core of the physician-patient relationship. The Federal Government also places enormous trust in physicians. Medicare and other Federal health care programs rely on physicians’ medical judgment to treat patients with appropriate, medically necessary services.
Welfare and Drug Testing Policy in the USAFaisal Farrukh
American Congress adopted the Anti Drug Abuse Act in 1988. In 1995 the policy was further refined and the government started implementing its drug free policy. The drug free policy enforce denial of federal benefits to users, possessors and traffickers from one to five years and the third timers permanently. This included grants, contracts, licensing, loans, but excluded welfare and public housing. In 1996 the government enacted Personal Responsibility and Work Opportunity Reconciliation Act, created Temporary Assistance for Needy Families (TANF) to make people move from welfare to work, a mandatory state run drug test.
Are you aware of Medicare Fraud and Abuse?Jessica Parker
Most physicians strive to work ethically, provide high-quality medical care to their patients, and submit proper claims for payment. Trust is at the core of the physician-patient relationship. The Federal Government also places enormous trust in physicians. Medicare and other Federal health care programs rely on physicians’ medical judgment to treat patients with appropriate, medically necessary services.
There is a patchwork of medical and recreational marijuana laws across the country with more changes on the horizon. Multi-state employers need to account for the legal differences by state and train their employees accordingly for handling medical marijuana issues in the workplace. The session will also discuss the current status of the legalization of recreational marijuana and what is likely coming. Now is the time for employers to evaluate their policies and procedures, not only in light of the law but practical realities as well.
E. Michael Vereen III: Marijuana Crimes in GeorgiaMichael Vereen
Each year, more states choose to legalize the use of marijuana for medical or even recreational reasons. However, marijuana is still illegal in Georgia. If you are caught with marijuana, even if you need it for pain or symptoms of illnesses like cancer, you are likely to face criminal charges. A legal expert like E. Michael Vereen III can help you understand your charges and represent you during court hearings.
State-by-State Medical Marijuana Laws [Infographic]HireRight
Twenty six states, plus the District of Columbia and Guam, have passed statutes enacting comprehensive public medical marijuana and cannabis programs. In most states, medical marijuana patients must see a physician, then apply to the state program, pay a fee, and receive a medical marijuana ID card that enables them to purchase marijuana products at sanctioned dispensaries.
The states shaded on the map below, as indicated in the key, have decriminalized medical marijuana to some degree, but many still afford employers wide discretion over how to handle marijuana usage among employees. Some states have statutes prohibiting adverse employer actions and discrimination against medical marijuana card holders. Some states require accommodation for employees who use medical marijuana, but no states require employers to accommodate on-duty use.
Review the map below to determine the general statutes in your state(s) regarding medical marijuana.
“DUI in South Carolina – Piecing It All Together,” is an insightful guide for drivers with information covering: The Law of Driving Under the Influence (DUI) and Driving With An Unlawful Alcohol Concentration (DUAC); The Legal Process – Your Rights Before, During, and After Arrest; Administrative Implied Consent Hearings & License Suspension; Field Sobriety Tests; The DMT DataMaster Breath Test Machine; Blood Tests; Penalties & Costs for a DUI; Preparing for Court; How to be an Effective Witness; and Much More. Visit http://www.charlestonlaw.net/charleston-dui-defense-lawyer/ for more info.
Healthcare fraud is costing the United States tens of billions of dollars a year and according to William Rudman of AHIMA foundation, the most frightening fact is that the major chunk of fraud happens under the radar and majority of the frauds are left unnoticed; besides that, those of frauds which are identified are not brought into litigation for many years together. Financial fraud and false claims are the most common types of healthcare fraud, according to the AHIMA Foundation report, this includes false claims for medically unnecessary services; false claims that include purposeful overstatement of the amount, number, type, or complexity of the service provided; or false claims that include services that were never rendered or were not rendered on the individuals claimed or by the provider claimed. Another issue associated with fraud and abuse are when physicians refer patients out of financial interest rather than curing the patients. This short presentation is intended to give an overview on two major statutes that help to fight against a variety of fraud, The False Claim Act & Stark Law.
Sampling of training program material for health care fraud, abuse and compliance training for health care providers. contact Chiropractic Compliance Consultants for more at 913-369-9000, or visit our website at cccpfc.com
On Thursday, May 9, 2024, Kegler Brown presented its annual Managing Labor + Employee Seminar. The in-person and virtual seminar focused on timely information regarding labor and employee relations, and allowed attendees to earn CLE and SHRM credit hours.
There is a patchwork of medical and recreational marijuana laws across the country with more changes on the horizon. Multi-state employers need to account for the legal differences by state and train their employees accordingly for handling medical marijuana issues in the workplace. The session will also discuss the current status of the legalization of recreational marijuana and what is likely coming. Now is the time for employers to evaluate their policies and procedures, not only in light of the law but practical realities as well.
E. Michael Vereen III: Marijuana Crimes in GeorgiaMichael Vereen
Each year, more states choose to legalize the use of marijuana for medical or even recreational reasons. However, marijuana is still illegal in Georgia. If you are caught with marijuana, even if you need it for pain or symptoms of illnesses like cancer, you are likely to face criminal charges. A legal expert like E. Michael Vereen III can help you understand your charges and represent you during court hearings.
State-by-State Medical Marijuana Laws [Infographic]HireRight
Twenty six states, plus the District of Columbia and Guam, have passed statutes enacting comprehensive public medical marijuana and cannabis programs. In most states, medical marijuana patients must see a physician, then apply to the state program, pay a fee, and receive a medical marijuana ID card that enables them to purchase marijuana products at sanctioned dispensaries.
The states shaded on the map below, as indicated in the key, have decriminalized medical marijuana to some degree, but many still afford employers wide discretion over how to handle marijuana usage among employees. Some states have statutes prohibiting adverse employer actions and discrimination against medical marijuana card holders. Some states require accommodation for employees who use medical marijuana, but no states require employers to accommodate on-duty use.
Review the map below to determine the general statutes in your state(s) regarding medical marijuana.
“DUI in South Carolina – Piecing It All Together,” is an insightful guide for drivers with information covering: The Law of Driving Under the Influence (DUI) and Driving With An Unlawful Alcohol Concentration (DUAC); The Legal Process – Your Rights Before, During, and After Arrest; Administrative Implied Consent Hearings & License Suspension; Field Sobriety Tests; The DMT DataMaster Breath Test Machine; Blood Tests; Penalties & Costs for a DUI; Preparing for Court; How to be an Effective Witness; and Much More. Visit http://www.charlestonlaw.net/charleston-dui-defense-lawyer/ for more info.
Healthcare fraud is costing the United States tens of billions of dollars a year and according to William Rudman of AHIMA foundation, the most frightening fact is that the major chunk of fraud happens under the radar and majority of the frauds are left unnoticed; besides that, those of frauds which are identified are not brought into litigation for many years together. Financial fraud and false claims are the most common types of healthcare fraud, according to the AHIMA Foundation report, this includes false claims for medically unnecessary services; false claims that include purposeful overstatement of the amount, number, type, or complexity of the service provided; or false claims that include services that were never rendered or were not rendered on the individuals claimed or by the provider claimed. Another issue associated with fraud and abuse are when physicians refer patients out of financial interest rather than curing the patients. This short presentation is intended to give an overview on two major statutes that help to fight against a variety of fraud, The False Claim Act & Stark Law.
Sampling of training program material for health care fraud, abuse and compliance training for health care providers. contact Chiropractic Compliance Consultants for more at 913-369-9000, or visit our website at cccpfc.com
On Thursday, May 9, 2024, Kegler Brown presented its annual Managing Labor + Employee Seminar. The in-person and virtual seminar focused on timely information regarding labor and employee relations, and allowed attendees to earn CLE and SHRM credit hours.
Patient Brokering: SB1228 and Changes in California's Regulation of Addiction...Epstein Becker Green
Patient brokering, the practice of recruiting people in need of treatment for substance use disorders in exchange for kickbacks, has been a troubling practice in California, leading to concerns of patient endangerment and fraud.
This webinar will examine the implications of SB1228 and its impending changes to the rules governing marketing practices in residential and outpatient treatment, as well as sober living recovery residences. Also addressed will be problematic current practices and the future of compliant marketing relationships.
Presented by attorney Paul D. Gilbert of Epstein Becker Green and Harry Nelson of Nelson Hardiman.
Part of a "first Thursdays" fall webinar series hosted by Behavioral Health Association of Providers, Epstein Becker & Green, P.C., and Nelson Hardiman, LLP.
More info: https://www.ebglaw.com/events/is-your-organization-at-risk-for-patient-brokering-preparing-for-sb1228-and-impeding-changes-in-californias-regulation-of-addiction-treatment-marketing/
These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.
Tony Fiore, attorney at Kegler Brown and director of government affairs for the Ohio State Council of SHRM, moderated "Hazed and Confused" at the 2015 Ohio SHRM Employment Law + Legislative Conference on June 3, 2015.
The presentation examined the impact of marijuana legalization in Colorado and Washington and Ohio's proposed ballot initiatives. Additional speakers included Kelley Duke from Ireland Stapleton Pryor & Pascoe (Denver, CO) and Cliff Webster from Carney, Badley, Spellman (Seattle, WA).
Tony Fiore presented to the UWC 35th Annual National UI Issues Conference on June 23, 2016 on the subject of marijuana legalization and its impact on employment and employee drug testing.
With the Presidential election on the horizon, Polsinelli Public Policy experts take a deeper look at the year ahead in Washington, D.C. They will address top health policy topics in 2016, outline outstanding action items on the legislative and regulatory calendars, and discuss the upcoming election cycle.
In the presentation:
Upcoming Presidential Election
Rounding out the 114th Congress: What is on the Legislative Agenda
Top Five Heath Care Issues to Watch in 2016
Additional Health Care Topics in the Mix
The Impact of Legal Marijuana Use on the Workplace: Should employers hire marijuana users?
- Terminology
- Historical Overview
- USA Current Legal Overview
- Pending Bills
- Detection Testing and Limits
- Employment Policies
By:
Jennifer Schrack Dempsey & Alyson Forster
With:
Andersen Banducci
www.AndersenBanducci.com
Wondering what your rights are under the Health Insurance Portability and Accountability Act? Check out the new Notice of Privacy Practices effective 1 OCT 13.
Similar to Northern cincinnati safety council 08.28.18 medical marijuana 3025822 1.... (20)
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
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The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
Northern cincinnati safety council 08.28.18 medical marijuana 3025822 1....
1. Sebaly Shillito + Dyer, A Legal Professional Association
2018 Northern Cincinnati
Safety Council
Medical Marijuana in the Workplace
August 28, 2018
1
Karl R. Ulrich, Esq.
2. Sebaly Shillito + Dyer, A Legal Professional Association
2
https://medicalmarijuana.procon.org/view.resource.php?resourceID=000881
Last updated on 7/28/18
3. Sebaly Shillito + Dyer, A Legal Professional Association
Medical Marijuana and the Workplace
• Ohio M/M Law – legalizes the possession and use of
marijuana for medical purposes; and the possession
of certain paraphernalia and accessories
• Ohio law is NOT legal for recreational or other non-
medical purposes
• Signed into law in 2016
• Becomes “fully operational” September 8, 2018
4. Sebaly Shillito + Dyer, A Legal Professional Association
Illegal Under Federal Law
• Cannabis is still illegal under federal law.
• It remains classified as a Schedule I “controlled substance”
under the federal Controlled Substances Act (“CSA”).
• Schedule I classification means that federal gov’t officially
views cannabis as “dangerous, highly addictive and having
no medicinal value.”
• Federal law prohibits physician’s from “prescribing” m/m.
Ohio law therefore requires physician to be certified to
issue a “recommendation.”
4
5. Sebaly Shillito + Dyer, A Legal Professional Association
Medicine’s Current View of M/M
• Council on Science & Public Health (CSAPH) & the
American Medical Association (“AMA”) found evidence
that medical marijuana has some therapeutic benefits
• Also found conclusive evidence of connection between
cannabis and health harms.
• More research required to determine the benefits and
the long term risks of medical marijuana.
• AMA still opposes legalization
5
6. Sebaly Shillito + Dyer, A Legal Professional Association
Ohio Medical Marijuana Law
• Must be a “registered” “patient” or
“caregiver” to patient (a caregiver may
“possess”, but not use)
• “Possession” may not exceed
a ninety-day supply
• Must be for a “qualifying medical condition”
7. Sebaly Shillito + Dyer, A Legal Professional Association
Ohio Medical Marijuana Law
• “Qualifying medical condition” means listed maladies,
including:
– Examples: AIDS, Alzheimer’s, ALS, Cancer, CTE, Crohn’s
Disease, Epilepsy or other seizure disorder, Fibromyalgia,
Parkinson’s Glaucoma, Hepatitis C, MS, PTSD, and others.
– “Pain” that is either “chronic”, “severe” or “intractable.”
– Other disease or condition if added by the State Medical
Board (first open submission period 11/1/2018 –
12/31/2018).
8. Sebaly Shillito + Dyer, A Legal Professional Association
Reciprocity/Other States
• Board of Pharmacy directed to enter into reciprocity
agreements with other state if it determines:
– Other state’s eligibility requirements are “substantially
comparable” to Ohio’s requirements;
– Other state recognizes a patient’s or caregiver‘s Ohio
status;
– Currently (as of 8/2018), there are no reciprocity
agreements in place.
8
9. Sebaly Shillito + Dyer, A Legal Professional Association
Ohio Medical Marijuana Law
• Smoking or combustion is prohibited.
• Oils, tinctures, edibles, patches and vaping of mm
is permitted.
• State Medical Board may approve additional
methods (except smoking or combustion).
• Any form of use considered attractive to children
is prohibited.
10. Sebaly Shillito + Dyer, A Legal Professional Association
Ohio Medical Marijuana Law
• Law “does not authorize” a registered patient
to “operate a vehicle”, etc. while under the
influence.
• Registered patient or caregiver status
may not be grounds for denial of
tenancy (unless required by federal law).
• Registered patient or caregiver status alone
may not be basis for field sobriety test.
11. Sebaly Shillito + Dyer, A Legal Professional Association
Medical Marijuana and Employment
• Ohio law says: Nothing requires employer to “permit or
accommodate” use, possession, or distribution.
• Ohio law says: Nothing prohibits refusal to hire, discharge,
discipline, taking of adverse action because of use,
possession or distribution of mm.
• Discharge for use of mm is “just cause” for unemployment
comp. purposes if use was in violation of company program
or policy regulating use.
• Ohio law says: May still have a drug testing, drug free
and/or zero tolerance policy.
12. Sebaly Shillito + Dyer, A Legal Professional Association
Ohio M/M and DOT Testing
• DOT rules apply to safety-sensitive
transportation employees;
• DOT regulations do not authorize m/m to be a
valid explanation for positive test, regardless
of otherwise applicable state m/m laws.
12
13. Sebaly Shillito + Dyer, A Legal Professional Association
Ohio Medical Marijuana and Workers
Compensation
• Ohio law says a positive post-accident drug test creates
rebuttable presumption of causation and ineligibility
for benefits
• Presumption still applies for m/m positive post
accident test
• Use of m/m not reimbursable by BWC:
– Reimbursement limited to FDA approved drugs only;
– BWC-funded drugs must be dispensed by a “registered
pharmacist;” and
– BWC only reimburses drugs on pharmaceutical formulary.
13
14. Sebaly Shillito + Dyer, A Legal Professional Association
M/M, FMLA and Accommodation of
Disabilities
• FMLA leave and m/m treatment?
• Does ADA require reasonable
“accommodation” of m/m use for a
“disability”?
• Does Ohio state anti-discrimination law
require “accommodation” of m/m use?
14
15. Sebaly Shillito + Dyer, A Legal Professional Association
Some Employer Policy Options
• Zero Tolerance;
• Zero Tolerance for safety sensitive positions
only;
• Impairment Only/Reasonable Suspicion;
• M/M treated same as prescription
medications;
15
16. Sebaly Shillito + Dyer, A Legal Professional Association
Thank you for your
attention!
Questions?
