An Overview About Physicians Liability When Recommending CBD

CBD Laws
CBD Laws
CBD Laws
CBD Laws

Cannabidiol (CBD) derived from the hemp plant parts like flowers, buds, and leaves is used as the active ingredient in health and wellness products like oils, tinctures, edibles, etc. They are used by people because they can be beneficial for treating common day ailments like headaches, muscle and joint pains, etc. Also, two of the most widely discussed therapeutic uses of cannabidiol are its analgesic and anti-inflammatory effects. Due to this, it is gaining the interest of health practitioners. This article focuses on the physician’s liability for prescribing CBD oil.

The Legality Of CBD Oil

Since cannabidiol (CBD) is a cannabinoid derived from the hemp plant, which belongs to the cannabis family, CBD oil is considered illegal. Under the Controlled Substances Act, it belongs to the class of schedule 1 drug. That said, in 23 states it has been decriminalized if it is used for medical purposes. Due to these two reasons, it can be tricky for physicians to prescribe CBD oil.

Only limited studies have been published about the therapeutic effects and medical uses of CBD. This is because, for the major part, this cannabinoid has remained illegal. This makes it difficult for physicians to prescribe CBD oil. Due to this reason, cannabidiol manufacturers are conducting studies for identifying potential therapeutic and medical uses of cannabidiol (CBD).

Guidelines For Minimizing The Liability Of Physicians

The guidelines developed by the Federation of State Medical Boards (FSMB) for limiting the liability of physicians when recommending cannabinoid products like CBD oil are the following:

  • Before recommending CBD oil, the physician must document an existing medical relationship with the patient. This helps to avoid questions regarding the inappropriate prescription of CBD oil for medical conditions. Finally, physicians should not attest, authorize, or recommend it for themselves, or family members.
  • Before recommending CBD oil, physicians must collect relevant medical history and conduct an in-person medical evaluation of the patient. Moreover, physicians must ensure that the patient does not have a history of substance abuse.
  • Before recommending CBD oil for a patient, physicians must discuss the benefits and risks of CBD oil with the patient. This is because of the absence of conclusive evidence about the efficacy of cannabidiol and the lack of standardization in its dosage. Also, physicians can only recommend it and cannot prescribe it.
  • Physicians must include a treatment agreement before recommending CBD oil for their patients.
  • Above all, physicians must avoid all types of professional relationships with manufacturers of cannabis or cannabidiol products.

Finally, physicians must also acquaint themselves with CBD laws in their respective states to avoid legal troubles.