And now it begins....

[Nosmo33]

9NEWS.com | Denver | Colorado's Online News Leader | Physician arrested in undercover medical marijuana sting (http://www.9news.com/news/article.aspx?storyid=143022&catid=339)

AURORA -9Wants to Know has learned a doctor has been arrested on suspicion of felony charges tied to illegal marijuana distribution following a five-month-long investigation by Aurora Police.
Dr. Manuel Aquino-Villaman was arrested at his practice, Canna Health, on Thursday. The 69-year-old physician is expected to face charges of conspiracy to distribute marijuana and attempting to influence a public servant, both felonies.

Aurora Police say officers became suspicious when they encountered a disproportionate number of medical marijuana patients with paperwork authorized by Aquino-Villaman.

A five-month investigation into the doctor's practices included a sting where two undercover police officers obtained signed doctor's certificates allowing them to buy marijuana.

Police say Aquino-Villaman spent a few minutes with each undercover officer, did not physically examine either and did not request medical documentation before issuing medical marijuana physician's certificates. The cost for each consultation was $120.

Canna Health's website says the clinic, in the 3000 block of South Parker Road, offers a "stress-free environment" where patients receive "convenient, reliable medical advice and evaluations at an affordable cost."

A clinic employee called the arrest "harassment" on Friday, but said Canna Health would decline to discuss the incident due to lack of information. The employee indicated Aquino-Villaman was not in the office Friday.

Aquino-Villaman was held at the Aurora Detention Center before being released on $6,000 bond.

Aquino-Villaman has not been subject to any public punitive actions against his medical license since it was issued in 2007, according to the Colorado Department of Regulatory Agencies' website. Aquino-Villaman received his medical training at the University of Barcelona in Spain, said a department spokesman.

Aquino-Villaman is also registered to practice medicine in Michigan. The Michigan Department of Community Health's website does not indicate any disciplinary action or open formal complaints against Aquino-Villaman.


(KUSA-TV © 2010 Multimedia Holdings Corporation)

[luge469]

What about all those patients that he signed for?!!!??

[funkfingers]

if his license is pulled, I believe that a lot of his recs may be invalid..Happened to a doc in NORCAL

[PolishPotFarmer]

Patients will be fine, they didn't do anything wrong except show up for a doctor's appointment. I have 5 that were signed by Aquino, although it was back in November. All checks cashed but no license yet.

They can't 'retro' his prescriptions back. Or my patients will be suing the state.

[Nosmo33]

Patients will be fine, they didn't do anything wrong except show up for a doctor's appointment. I have 5 that were signed by Aquino, although it was back in November. All checks cashed but no license yet.

They can't 'retro' his prescriptions back. Or my patients will be suing the state.

Good luck with that, a case like that would take years. As far as thier ability to to that, text from HB-1284 effective July 1, 2010:

(b) THE STATE HEALTH AGENCY MAY DENY A PATIENT'S OR PRIMARY
CAREGIVER'S APPLICATION FOR A REGISTRY IDENTIFICATION CARD OR
REVOKE THE CARD IF THE STATE HEALTH AGENCY, IN ACCORDANCE WITH
ARTICLE 4 OF TITLE 24, C.R.S., DETERMINES THAT THE PHYSICIAN WHO
DIAGNOSED THE PATIENT'S DEBILITATING MEDICAL CONDITION, THE PATIENT,
OR THE PRIMARY CAREGIVER VIOLATED SECTION 14 OF ARTICLE XVIII OF
THE STATE CONSTITUTION, THIS SECTION, OR THE RULES PROMULGATED BY
THE STATE HEALTH AGENCY PURSUANT TO THIS SECTION; EXCEPT THAT,
WHEN A PHYSICIAN'S VIOLATION IS THE BASIS FOR ADVERSE ACTION, THE
STATE HEALTH AGENCY MAY ONLY DENY OR REVOKE A PATIENT'S
APPLICATION OR REGISTRY IDENTIFICATION CARD WHEN THE PHYSICIAN'S
VIOLATION IS RELATED TO THE ISSUANCE OF A MEDICAL MARIJUANA
RECOMMENDATION.

Of course, this Dr. has not been convicted of anything at this point but to charge a Physicain w/ felony intent to disribute mariana is unprecedented. If he is convicted of that charge, well it will be a major blow to medical marijuana in the state of Co., to say the least.

[HighPopalorum]

Seems thin.

[Nosmo33]

Seems thin.

I completly agree. Sends quite a message though.

[luge469]

so if Aquino signed my rec, and my check has been cashed (on may 3rd), but i don't have my card yet, I am still ok? Should I find another doctor? Get another rec? :(

[Nosmo33]

so if Aquino signed my rec, and my check has been cashed (on may 3rd), but i don't have my card yet, I am still ok? Should I find another doctor? Get another rec? :(

Personally, If it were me, I'd just sit tight. You'll either receive your card or hear from the Dept. Health if there is an issue.

[HighPopalorum]

If your check was cashed, continue to sit tight. It has been a while, though, so you might send a registered letter inquiring about the status of your application. Mention the fact that your check was cashed. I would not mention the doc's problems in that letter.

[PolishPotFarmer]

Good luck with that, a case like that would take years. As far as thier ability to to that, text from HB-1284 effective July 1, 2010:

(b) THE STATE HEALTH AGENCY MAY DENY A PATIENT'S OR PRIMARY
CAREGIVER'S APPLICATION FOR A REGISTRY IDENTIFICATION CARD OR
REVOKE THE CARD IF THE STATE HEALTH AGENCY, IN ACCORDANCE WITH
ARTICLE 4 OF TITLE 24, C.R.S., DETERMINES THAT THE PHYSICIAN WHO
DIAGNOSED THE PATIENT'S DEBILITATING MEDICAL CONDITION, THE PATIENT,
OR THE PRIMARY CAREGIVER VIOLATED SECTION 14 OF ARTICLE XVIII OF
THE STATE CONSTITUTION, THIS SECTION, OR THE RULES PROMULGATED BY
THE STATE HEALTH AGENCY PURSUANT TO THIS SECTION; EXCEPT THAT,
WHEN A PHYSICIAN'S VIOLATION IS THE BASIS FOR ADVERSE ACTION, THE
STATE HEALTH AGENCY MAY ONLY DENY OR REVOKE A PATIENT'S
APPLICATION OR REGISTRY IDENTIFICATION CARD WHEN THE PHYSICIAN'S
VIOLATION IS RELATED TO THE ISSUANCE OF A MEDICAL MARIJUANA
RECOMMENDATION.

Of course, this Dr. has not been convicted of anything at this point but to charge a Physicain w/ felony intent to disribute mariana is unprecedented. If he is convicted of that charge, well it will be a major blow to medical marijuana in the state of Co., to say the least.

Thank you for that education, I truly appreciate that. I was way wrong.

My patients saw him back in December, if the investigation was 5 months, it was before that and it was not at Canna health, but another place, not that it matters much.

I did ask my patients if their checks cleared and all have, but, still waiting on the licenses.

Looks like they timed it with the new laws going into effect, slimy bastards. I think anyone who's paperwork is signed and dated before the July 1st new rules, should be okay, even with this doctor. Now anyone who saw him after the first will probably be denied so as to make another example and scare patients too.

[PolishPotFarmer]

As a side note, I wanted some opinions on my renewal. I got an edibles recommendation on June 15th or so. I purposely held my paperwork so it would be dated after the 1st, so as to have the edibles plant count recognized by the new rules, I timed my shit too.

Good or bad move??

[Nosmo33]

As a side note, I wanted some opinions on my renewal. I got an edibles recommendation on June 15th or so. I purposely held my paperwork so it would be dated after the 1st, so as to have the edibles plant count recognized by the new rules, I timed my shit too.

Good or bad move??

I hate to tell you this, but if you used the old forms and did not submit on or before July 9, your paper work is invalid. Were you to submit old forms at this point, they will be returned in several months and it will be requested that you resubmit using the new forms. You need to see the Dr. who wrote the cert. for you on the 15th and redo it on the new cert., and complete the new application as well to submit. I suggest you contact your Dr. sooner rather then later.

http://www.cdphe.state.co.us/release/2010/063010.pdf

[PolishPotFarmer]

I hate to tell you this, but if you used the old forms and did not submit on or before July 9, your paper work is invalid. Were you to submit old forms at this point, they will be returned in several months and it will be requested that you resubmit using the new forms. You need to see the Dr. who wrote the cert. for you on the 15th and redo it on the new cert., and complete the new application as well to submit. I suggest you contact your Dr. sooner rather then later.

http://www.cdphe.state.co.us/release/2010/063010.pdf

Thank you, I sent it in, certified, on July 2nd.

Should be good???

[boulderbud5525]

"
Aurora Police say officers became suspicious when they encountered a disproportionate number of medical marijuana patients with paperwork authorized by Aquino-Villaman. "

what i want to know is how did the cops encounter so many patients paperwork?:wtf:

[Nosmo33]

Thank you, I sent it in, certified, on July 2nd.

Should be good???



You should be fine. I feel badly for the folks that missed the July 9th deadline. What a mess.

[Nosmo33]

Thank you for that education, I truly appreciate that. I was way wrong.

My patients saw him back in December, if the investigation was 5 months, it was before that and it was not at Canna health, but another place, not that it matters much.

I did ask my patients if their checks cleared and all have, but, still waiting on the licenses.

Looks like they timed it with the new laws going into effect, slimy bastards. I think anyone who's paperwork is signed and dated before the July 1st new rules, should be okay, even with this doctor. Now anyone who saw him after the first will probably be denied so as to make another example and scare patients too.

Your patients may be o.k, from this article:
Aurora cops say local doc handed out pot prescriptions to unqualified patients - News - Aurora Sentinel (http://www.aurorasentinel.com/articles/2010/07/09/news/doc4c37b6f062236738087085.txt)

Aquino-Villamanâ??s arrest could be the first time in Colorado a doctor has been accused of granting bogus certificates and then arrested. Oates said it was certainly the first in Aurora and he didnâ??t know of others in the state. Ron Hyman, director of the stateâ??s medical marijuana registry at the Colorado Department of Public Health and Environment, said he had not heard of any other similar arrests.

Hyman said a doctorâ??s recommendation is required for a person to receive their medical marijuana card.

If Aquino-Villaman is convicted of a crime, the State Board of Medical Examiners could strip his license or issue sanctions against it, Hyman said.

If that happens, patients who received a medical marijuana card using Aquino-Villamanâ??s recommendation will not be able to renew their card using his recommendation, Hyman said, and will have to find a new doctor.

[B]Until they are up for an annual renewal, and unless Aquino-Villamanâ??s medical license is stripped or sanctioned, those medical marijuana users will not lose their cards, Hyman said.


The process in which a Physcian is stripped of thier license or sanctioned, is quite serious and lengthy. It could be well over a year before that happens. I expect he will fight these criminal charges with everything he's got. It's unprecedented to charge a Dr. with felony intent to distribute marijuana under this scenario. He is not accused of directly providing marijuana to patients, simply allowing them access to dispensaries. Again, unprecented and if he is ultimatly convicted of intent, well that would be a crime in my opinion.

[PolishPotFarmer]

Hey thanx guys I truly appreciate it !

[PolishPotFarmer]

Can somebody please direct me, page maybe, to where in HB 1284 the edibles recommendations are now recognized. A link would be great.

Thanx

[luge469]

Thanks folks! I love this forum! This is one place I can get good information from any number of people! I will sit tight and wait for the dust to settle. It sounds like I'll be ok for now. Thanks again!
On a side note; I would like to know what candidates local, state, etc. that are pro-cannabis or at least the one's against. Anyone know the best place to get that info?:jointsmile:

[Nosmo33]

Can somebody please direct me, page maybe, to where in HB 1284 the edibles recommendations are now recognized. A link would be great.

Thanx


An amount in excess of 6 plants or 2 ozs. may now be recognized, but please read this carefully and understand that medical confidentiality is waived.

(10) Affirmative defense. IF A PATIENT OR PRIMARY CAREGIVER
RAISES AN AFFIRMATIVE DEFENSE AS PROVIDED IN SECTION 14 (4) (b) OF
ARTICLE XVIII OF THE STATE CONSTITUTION, THE PATIENT'S PHYSICIAN
SHALL CERTIFY THE SPECIFIC AMOUNTS IN EXCESS OF TWO OUNCES THAT ARE
NECESSARY TO ADDRESS THE PATIENT'S DEBILITATING MEDICAL CONDITION
AND WHY SUCH AMOUNTS ARE NECESSARY. A PATIENT WHO ASSERTS THIS
AFFIRMATIVE DEFENSE SHALL WAIVE CONFIDENTIALITY PRIVILEGES RELATED
TO THE CONDITION OR CONDITIONS THAT WERE THE BASIS FOR THE
RECOMMENDATION. IF A PATIENT, PRIMARY CAREGIVER, OR PHYSICIAN
RAISES AN EXCEPTION TO THE STATE CRIMINAL LAWS AS PROVIDED IN
SECTION 14 (2) (b) OR (c) OF ARTICLE XVIII OF THE STATE CONSTITUTION,
THE PATIENT, PRIMARY CAREGIVER OR PHYSICIAN WAIVES THE
CONFIDENTIALITY OF HIS OR HER RECORDS RELATED TO THE CONDITION OR
CONDITIONS THAT WERE THE BASIS FOR THE RECOMMENDATION MAINTAINED
BY THE STATE HEALTH AGENCY FOR THE MEDICAL MARIJUANA PROGRAM.
UPON REQUEST OF A LAW ENFORCEMENT AGENCY FOR SUCH RECORDS, THE
STATE HEALTH AGENCY SHALL ONLY PROVIDE RECORDS PERTAINING TO THE
INDIVIDUAL RAISING THE EXCEPTION, AND SHALL REDACT ALL OTHER
PATIENT, PRIMARY CAREGIVER, OR PHYSICIAN IDENTIFYING INFORMATION.

Department of Revenue - Enforcement Group:Laws and Regulations (http://www.colorado.gov/cs/Satellite?c=Page&childpagename=Rev-Enforcement%2FRELayout&cid=1251575120132&pagename=REWrapper)

[PolishPotFarmer]

An amount in excess of 6 plants or 2 ozs. may now be recognized, but please read this carefully and understand that medical confidentiality is waived.

(10) Affirmative defense. IF A PATIENT OR PRIMARY CAREGIVER
RAISES AN AFFIRMATIVE DEFENSE AS PROVIDED IN SECTION 14 (4) (b) OF
ARTICLE XVIII OF THE STATE CONSTITUTION, THE PATIENT'S PHYSICIAN
SHALL CERTIFY THE SPECIFIC AMOUNTS IN EXCESS OF TWO OUNCES THAT ARE
NECESSARY TO ADDRESS THE PATIENT'S DEBILITATING MEDICAL CONDITION
AND WHY SUCH AMOUNTS ARE NECESSARY. A PATIENT WHO ASSERTS THIS
AFFIRMATIVE DEFENSE SHALL WAIVE CONFIDENTIALITY PRIVILEGES RELATED
TO THE CONDITION OR CONDITIONS THAT WERE THE BASIS FOR THE
RECOMMENDATION. IF A PATIENT, PRIMARY CAREGIVER, OR PHYSICIAN
RAISES AN EXCEPTION TO THE STATE CRIMINAL LAWS AS PROVIDED IN
SECTION 14 (2) (b) OR (c) OF ARTICLE XVIII OF THE STATE CONSTITUTION,
THE PATIENT, PRIMARY CAREGIVER OR PHYSICIAN WAIVES THE
CONFIDENTIALITY OF HIS OR HER RECORDS RELATED TO THE CONDITION OR
CONDITIONS THAT WERE THE BASIS FOR THE RECOMMENDATION MAINTAINED
BY THE STATE HEALTH AGENCY FOR THE MEDICAL MARIJUANA PROGRAM.
UPON REQUEST OF A LAW ENFORCEMENT AGENCY FOR SUCH RECORDS, THE
STATE HEALTH AGENCY SHALL ONLY PROVIDE RECORDS PERTAINING TO THE
INDIVIDUAL RAISING THE EXCEPTION, AND SHALL REDACT ALL OTHER
PATIENT, PRIMARY CAREGIVER, OR PHYSICIAN IDENTIFYING INFORMATION.

Department of Revenue - Enforcement Group:Laws and Regulations (http://www.colorado.gov/cs/Satellite?c=Page&childpagename=Rev-Enforcement%2FRELayout&cid=1251575120132&pagename=REWrapper)

Thank you so much Nosmo, you have helped me so much today ! Does this site have +rep or a thanks for post or anything?

[SerenityMoon]

You should be fine. I feel badly for the folks that missed the July 9th deadline. What a mess.

Hello, what is the "july 9th deadline?" I thought after you got a rec that you had 60 days to send it in????

What if people got a rec on 6/30????? Thanks

[denverbear]

I just noticed he was my doctor out in North Glen at the dispensary at 92/federal back in October...I know I have so much wrong with me and am on disability but should I be worried about whether I am really legal or not? should I go see another Dr. in the meantime to protect myself?

[copobo]

HEY MATT

How is it you don't know what is in this damn bill?

[showstopper]

Thats the doctor that wrote my rec. on nov 26, still no card. Does anyone think that they(co) held on to all his rec's and and gave them to the LEO for the case against him? And all my info is in the hands of.....?

[Nosmo33]

Hello, what is the "july 9th deadline?" I thought after you got a rec that you had 60 days to send it in????

What if people got a rec on 6/30????? Thanks

New application and certification forms were released July 1. "Old" forms recieved after July 9th will be returned to patients (months from now). This press release is on the CDPHE website, but not the Registry homepage.

http://www.cdphe.state.co.us/release/2010/063010.pdf

Bogus in my opinion. I said a few months ago I think patients should file a class action lawsuit against the state, and I still think that. The back log is in direct conflict with Ammendmant 20 mandates as far as time lines, 35 days anyone??? Again the back log leaves patients not only vulnerable (private health info. on your temp. paperwork),but potentially in legal jeporady as well. It's flat out wrong.

[copobo]

you are right. they should just take every app over 35 days old and expedite it. no need to check it for form or the doctors license, etc. just issue the card. THAT would be compliance with Amendment 20.

[TheAllDayToker]

New application and certification forms were released July 1. "Old" forms recieved after July 9th will be returned to patients (months from now). This press release is on the CDPHE website, but not the Registry homepage.

http://www.cdphe.state.co.us/release/2010/063010.pdf

Bogus in my opinion. I said a few months ago I think patients should file a class action lawsuit against the state, and I still think that. The back log is in direct conflict with Ammendmant 20 mandates as far as time lines, 35 days anyone??? Again the back log leaves patients not only vulnerable (private health info. on your temp. paperwork),but potentially in legal jeporady as well. It's flat out wrong.

Were all of the doctors a aware? Are there a lot of patients going back and getting back-dated recs on new forms from those doctors now? Doesn't make sense for them not to accept them...?

[Nosmo33]

Can somebody please direct me, page maybe, to where in HB 1284 the edibles recommendations are now recognized. A link would be great.

Thanx

I emailed the dept. of health about this, my response for what it's worth,





"While the new law offers clarity to the Affirmative Defense of cultivating more plants than the legal limit of 6 per patient, it does not exactly license anyone to do so. The Affirmative Defense arises when a patient or care-giver has been charged with a crime. A Physician may recommend a higher plant count for their patient, however, the Registry has no special licensing issuance for such a Certification. Essentially we do not recognize higher plant count recommendations, we merely place such recommendations in our confidential registry allowing for patients and/or care-givers to access their records if necessary. Hope that answers your question. Have a good day."

[PolishPotFarmer]

I emailed the dept. of health about this, my response for what it's worth,





"While the new law offers clarity to the Affirmative Defense of cultivating more plants than the legal limit of 6 per patient, it does not exactly license anyone to do so. The Affirmative Defense arises when a patient or care-giver has been charged with a crime. A Physician may recommend a higher plant count for their patient, however, the Registry has no special licensing issuance for such a Certification. Essentially we do not recognize higher plant count recommendations, we merely place such recommendations in our confidential registry allowing for patients and/or care-givers to access their records if necessary. Hope that answers your question. Have a good day."

Thank you much for that !

[copobo]

if an LEO can confirm a physician recommended count from the registry that's about all we can ask for. The LEO decides how to proceed based on that info, not the registry. The registry is a database in their dealings with law enforcement.

[HighPopalorum]

FWIW, the registry was just authorized to hire 56 more employees to deal with the backlog of 63,000 applications.

[copobo]

I saw that. It's nice they are freeing up $2 million in patient funds to run the patient registry.

NO WAY TO ENFORCE THE LAWS WITHOUT AN UP TO DATE DATABASE

patient apps should be returned within 2 weeks. this is serious shit!

I am SURE law enforcement feels the exact same way

they should obey the Constitution and accept every app over 30 days old. It will make the process go much quicker!

[showstopper]

Never mind, I got my card today, dated 7/08/10-- 7/08/11.

[SprngsCaregiver]

Hello, what is the "july 9th deadline?" I thought after you got a rec that you had 60 days to send it in????

What if people got a rec on 6/30????? Thanks

If haven't sent it in yet you need to fill out the new registry application and have it notarized. Your doctor's form is fine.

If you sent it in and they received it by the 9th you should be ok too.

You can get all the details here:
http://boards.cannabis.com/colorado-co/186971-new-application-forms-now-available-cdphe-website.html