Appealing A CDPHE Rejection Letter

Is there a formal process for appealing a rejection letter from CDPHE?

One of my patient's received a rejection letter stating, "Your Physician listed is fraudulent." The letter went on to say that she has until December 20, 2010 to complete a new Physician Certification form (Which has to be dated within the past 60 days) and a fully completed application form otherwise she has to pay an additional $90.00.

CDPHE received her application on April 19, 2010. The Physician Certification is well over 60 days old which will mean somebody will bear the cost of another doctor's visit.

The physician who signed the Physician Certification shows to be "Active" with no conditions or restrictions.

Neither the patient or I understand why CDPHE considers the Physician who signed her Physician Certificate to be fraudulent since he shows up on https://www.doradls.state.co.us/alison.php as active.

Any suggestions?

That's an interesting site,... what can it be used for?


Anyway, CYA! If my patients had been turned down because the doctor they went to was not legit, I'd foot the cost to send them to another doc just to cover my ass!

Worst case, Chop all of her plants down until matters are cleared up.


Good luck, and keep us informed.

The doctor could be listed as active but still be rejected under rule 2 for not having a dea license.

http://www.cdphe.state.co.us/hs/medi...10.pdfPHYSCIAN UPDATE: (11/04/10) 1. Physician Status:
The Medical Marijuana Registry can only accept recommendations from physicians in good standing. The physician must have an active and unrestricted license to practice medicine in the State of Colorado.
To check on the status of your physician, you can use the following Department of Regulatory Agenciesâ?? website:
https://www.doradls.state.co.us/alison.php
You can search by physicianâ??s name or license number. Check the third column titled â??License Statusâ?�
The only License Status accepted by the Medical Marijuana Registry is â??Activeâ?� â?? any further limitation such as â??Active with Restrictionsâ?� or â??Active with Conditionsâ?� will not be accepted.
The License Status of the recommending physician must be â??Activeâ?� at the time of signing the physician certification.
2. DEA License:
Due to law change in SB-109, the Medical Marijuana Registry must have a current, valid DEA license from each active, recommending physician in order to process their patientsâ?? medicinal marijuana application.
A physician need only have the valid DEA License on file with the Medical Marijuana Registry, and need not re-supply the license for each applicant.
Upon the expiration of a physicianâ??s DEA License, the Medical Marijuana Registry will then need a copy of the updated, valid DEA License in order to accept applications from physicians.
Physicians may send their DEA licenses by either fax or mail: FAX*: 303-758-5182 *Please enlarge the license by 200% when faxing so that the DEA License is legible
MAIL: CDPHE MMR
C/O Rosa 4300 Cherry Creek Dr S Denver, CO 80246
3. Rejected Applications:
Rejected applications will be returned to the patient; however, the application fee is non-refundable. Patients will be given 60 days to return a corrected application to be processed without any further application fees. If a patient fails to return a corrected application within 60 days, any later filed application must contain a new application fee.

http://www.cdphe.state.co.us/hs/medi...ATE.110410.pdf

Colorado: Department of Public Health and Environment, Colorado Medical Marijuana Registry
Colorado Constitution, Article XVIII, Section 14

(e) A patient whose application has been denied by the state health agency may not reapply during the six months following the date of the denial and may not use an application for a registry identification card as provided in paragraph (3) (d) of this section. The denial of a registry identification card shall be considered a final agency action. Only the patient whose application has been denied shall have standing to contest the agency action.

http://www.cdphe.state.co.us/hs/medi...ONS.110910.pdf
Board of Health new regs

E. APPEALS. IF THE DEPARTMENT PROPOSES TO SANCTION A PHYSICIAN FOR AN ALLEGED VIOLATION OF PARAGRAPH A.4 OF THIS RULE, THE DEPARTMENT SHALL PROVIDE THE PHYSICIAN WITH NOTICE OF THE GROUNDS FOR THE SANCTION AND SHALL INFORM THE PHYSICIAN OF THE PHYSICIANâ??S RIGHT TO REQUEST A HEARING.

Suggest you contact your doctor.

A4 only relates to FINANCIAL PROHIBITIONS. So if they sanction for other reasons they dont have to notify the doctor?

Thanks for all the great info, much I've already read in my pursuit to finding a formal appeal process.

As far as I can tell, there is no way for a person to check if the doctor they are seeing has sent in their DEA License to CDPHE. You can check the status of the doctor to see if he/she is on the "Active" list but that still doesn't help if they have not sent in their DEA License.

I wish this process wasn't so cumbersome for patients.

It seems the CDPHE gets patients coming and going.

you should check to see if it's been reinstated. see-
Medical marijuana: Health dept. reinstates 1,300 rejected MMJ patients -- for now - Denver News - The Latest Word

I'm going to contact the doctor's office directly and find out if they have any knowledge of this.

I hope to know something in the morning.

Thanks for all the info!