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View Full Version : Tacoma Osteopath, MMJ Prescriber, fighting state charges: says ad ban restricts speech.




Nirvikalpa
08-07-2012, 02:40 PM
As tweeted by The DO Magazine (https://twitter.com/TheDOmagazine) and posted at The News Tribune (http://www.thenewstribune.com/2012/08/05/2243462/tacoma-pot-doc-fighting-state.html):


A Tacoma physician, charged with unprofessional conduct by the state for advertising his willingness to authorize medical marijuana, is fighting back, saying the ban on such advertising illegally restricts doctors’ right to free speech.

The state Department of Health charged Dr. Scott Havsy, an osteopath specializing in pain management, on July 19 for a display featured on the homepage of his practice’s website.

The words “Medical Marijuana Certificate” appear with the Rx prescription symbol superimposed over a marijuana leaf. Above is the headline: “Find out if you qualify for a Green Card?”

Health Department spokesman Tim Church said he believes Havsy is the first physician in Washington to be charged under the law banning medical marijuana advertising.

Havsy says he refused a Health Department settlement offer that would have had him remove the display, admit to unprofessional conduct, pay a $1,000 fine and take 10 hours of classes on legal issues. Instead, he wants a public hearing, and says he’ll take the issue to the Washington State Supreme Court if necessary.

“What they are trying to do is limit physician advertising,” Havsy said. “This is not about marijuana. It’s about physicians’ right to advertise and inform the public about what we do.”

Under Washington’s medical marijuana law, physicians can assist patients with medical marijuana and write authorizations for those who qualify.

They’re not allowed to include any reference to medical marijuana – written or visual – in an advertisement. According to state law, that’s unprofessional conduct, punishable by fines and other sanctions, up to and including revoking a doctor’s license to practice medicine.

Read more here: http://www.thenewstribune.com/2012/08/05/2243462/tacoma-pot-doc-fighting-state.html#storylink=cpy

Here is a doctor at risk of losing his license to practice medicine, for publishing an ad that he does, indeed, prescribe medical marijuana. The MMJ advocates, specifically those who donated to the man running over cop car's bail fund... where are you? I hope you follow this story closely.

kathy88
08-07-2012, 02:55 PM
But they can advertise the shit out of Prozac.

Origanalist
08-07-2012, 05:04 PM
“There are laws to follow and we expect people to follow them,” Church said. “This law is pretty clear.”


Havsy contends the law is unconstitutional.

I know where the good Doctor can get a tractor, just down the road a bit.

angelatc
08-07-2012, 05:07 PM
But they can advertise the shit out of Prozac.

Doctors don't really advertise that I can tell. Hospitals and treatment centers do, and of course the pharmaceutical companies do, but not doctors.

I often wondered about that. Lawyers didn't used to advertise either, and the world didn't end when they started.

Origanalist
08-07-2012, 05:09 PM
Here is a doctor at risk of losing his license to practice medicine, for publishing an ad that he does, indeed, prescribe medical marijuana. The MMJ advocates, specifically those who donated to the man running over cop car's bail fund... where are you? I hope you follow this story closely.

I plan on it, and the heads up is much appreciated. I'm not so much a "MMJ advocate" as I am simply one hundred percent against the "war on drugs". I don't even like pot, and yes, I inhaled. :)

pcosmar
08-07-2012, 06:50 PM
Doctors don't really advertise that I can tell. Hospitals and treatment centers do, and of course the pharmaceutical companies do, but not doctors.

I often wondered about that. Lawyers didn't used to advertise either, and the world didn't end when they started.

I have known plenty of Dentists to advertise,, Especially "Pain Free" services. (means they will knock you out)

Dark_Horse_Rider
08-08-2012, 04:43 AM
I know where the good Doctor can get a tractor, just down the road a bit.

from the green mountains to the evergreen state

Origanalist
08-08-2012, 07:04 AM
from the green mountains to the evergreen state

Now if WA. could just get a secession movement going..................

Icymudpuppy
08-08-2012, 07:54 AM
Doctors don't really advertise that I can tell. Hospitals and treatment centers do, and of course the pharmaceutical companies do, but not doctors.

I often wondered about that. Lawyers didn't used to advertise either, and the world didn't end when they started.

I would argue that the number of liability suits for frivolous shit is part of the reason we have so many victimless criminal laws right now. I DO think that liberty ended with Lawyers advertising.

regarding this case...
This guy mostly advertises with yard signs. I remember seeing one at the corner of S. 19th and Union in Tacoma.

Anyway, I hope he wins.

oyarde
08-08-2012, 10:15 AM
I hope he wins too.

dannno
08-08-2012, 11:42 AM
bump