Request for Information Regarding Hospital Policies on Medication Use, Specifically Medical Cannabis
Anthony-John van Duuren made this Official Information request to Ministry of Health
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From: Anthony-John van Duuren
Dear Ministry of Health,
I am writing to request information under the Official Information Act 1982 concerning the policies and regulations that govern the treatment and administration of prescribed medications, including medical cannabis, within hospital settings. My recent experiences during medical treatment at both Hawke's Bay Hospital and Wellington Hospital have highlighted several issues regarding these policies, specifically relating to the use of medical cannabis.
1. Requirement to Administer Medicine Outdoors and Smoke-Free Regulations:
Although I am not a smoker and understand that hospitals adhere to smoke-free regulations without designated smoking areas, I was required to administer my prescribed medical cannabis outdoors during my recovery in Wellington. This requirement, seemingly in contradiction to smoke-free regulations that explicitly exclude medical cannabis, forced me to leave the hospital premises, exposing me to low temperatures and nearby security risks during a police incident involving a machete and firearm (https://www.stuff.co.nz/nz-news/35026439...). I seek clarification on the legal basis for this policy, which appears to breach patient rights.
2. Confiscation and Differential Treatment of Controlled Drugs:
Upon my arrival at Wellington, my prescribed medical cannabis was confiscated, cited as standard procedure for controlled substances. Yet, fentanyl, another controlled substance, was administered to another patient within hospital premises without the need for them to go outside. This discrepancy raises significant concerns about potential double standards in the handling of controlled drugs.
I seek clarification on the legality of this confiscation. Please provide a copy of this policy in full for my review so I can better understand how my medication was handled when outside of my possession.
3. Fire Safety Claims and Evacuation Policies:
At Hawke's Bay Hospital, the head of security warned that using my medical cannabis vaporiser inside could trigger smoke alarms and necessitate an evacuation, thus I was compelled to use it outside of hospital grounds. I request detailed information on the fire safety regulations and specific evacuation policies that support this claim.
4. Breach of Duty of Care:
As a patient officially admitted to the hospital, it is concerning that the hospital's policies required me to leave the premises to use my legally prescribed medication, potentially compromising my safety and recovery. This practice seems to neglect the hospital's duty of care to its patients, especially those recently out of surgery and in a vulnerable state. I seek explanations on how these policies align with the hospital's responsibilities towards patient safety and care.
Given these points, I respectfully request the following information:
The specific Ministry of Health regulations or policies that require patients to administer certain medications, such as medical cannabis, outside hospital premises, especially considering the exemptions in smoke-free regulations.
Details on the standard procedures for the confiscation and administration of controlled drugs, with specific emphasis on the distinctions between medications such as medical cannabis and fentanyl.
Clarifications regarding fire safety regulations and evacuation policies related to the use of vaporisers and other similar devices within hospital settings.
All training material provided to healthcare staff in regards to Medical Cannabis.
Clarity on these matters is crucial for my understanding and to ensure that all patients receive equitable and safe treatment while under hospital care. I appreciate your attention to this matter and look forward to your prompt response within the statutory 20 working days as provided under the Official Information Act.
Thank you for your assistance.
Yours faithfully,
Anthony-John van Duuren
From: OIA Requests
Kia ora Anthony-John
Thank you for your request for official information. The reference number
for your request is: H2024040949
As required under the Official Information Act 1982, Manatū Hauora will
endeavour to respond to your request no later than 20 working days after
the day your request was received. If you'd like to calculate the
timeframe, you can use the Ombudsman's online calculator
here: [1]http://www.ombudsman.parliament.nz/
If you have any queries, please feel free to contact the OIA Services Team
on [2][email address]. If any additional factors come to light which
are relevant to your request, please do not hesitate to contact us so that
these can be taken into account.
Under section 28(3) of the Act you have the right to ask the Ombudsman to
review any decisions made under this request. The Ombudsman may be
contacted by email at: [3][email address] or by calling 0800
802 602.
Ngā mihi
OIA Services Team
[4]Ministry of Health information releases
------------------- Original Message -------------------
From: Anthony-John van Duuren
<[FOI #26655 email]>;
Received: Tue May 07 2024 12:38:49 GMT+1200 (New Zealand Standard Time)
To: OIA Requests <[email address]>; OIA <[email address]>;
Subject: Official Information request - Request for Information Regarding
Hospital Policies on Medication Use, Specifically Medical Cannabis
Dear Ministry of Health,
I am writing to request information under the Official Information Act
1982 concerning the policies and regulations that govern the treatment and
administration of prescribed medications, including medical cannabis,
within hospital settings. My recent experiences during medical treatment
at both Hawke's Bay Hospital and Wellington Hospital have highlighted
several issues regarding these policies, specifically relating to the use
of medical cannabis.
1. Requirement to Administer Medicine Outdoors and Smoke-Free Regulations:
Although I am not a smoker and understand that hospitals adhere to
smoke-free regulations without designated smoking areas, I was required to
administer my prescribed medical cannabis outdoors during my recovery in
Wellington. This requirement, seemingly in contradiction to smoke-free
regulations that explicitly exclude medical cannabis, forced me to leave
the hospital premises, exposing me to low temperatures and nearby security
risks during a police incident involving a machete and firearm
([5]https://aus01.safelinks.protection.outlo...).
I seek clarification on the legal basis for this policy, which appears to
breach patient rights.
2. Confiscation and Differential Treatment of Controlled Drugs:
Upon my arrival at Wellington, my prescribed medical cannabis was
confiscated, cited as standard procedure for controlled substances. Yet,
fentanyl, another controlled substance, was administered to another
patient within hospital premises without the need for them to go outside.
This discrepancy raises significant concerns about potential double
standards in the handling of controlled drugs.
I seek clarification on the legality of this confiscation. Please provide
a copy of this policy in full for my review so I can better understand how
my medication was handled when outside of my possession.
3. Fire Safety Claims and Evacuation Policies:
At Hawke's Bay Hospital, the head of security warned that using my medical
cannabis vaporiser inside could trigger smoke alarms and necessitate an
evacuation, thus I was compelled to use it outside of hospital grounds. I
request detailed information on the fire safety regulations and specific
evacuation policies that support this claim.
4. Breach of Duty of Care:
As a patient officially admitted to the hospital, it is concerning that
the hospital's policies required me to leave the premises to use my
legally prescribed medication, potentially compromising my safety and
recovery. This practice seems to neglect the hospital's duty of care to
its patients, especially those recently out of surgery and in a vulnerable
state. I seek explanations on how these policies align with the hospital's
responsibilities towards patient safety and care.
Given these points, I respectfully request the following information:
The specific Ministry of Health regulations or policies that require
patients to administer certain medications, such as medical cannabis,
outside hospital premises, especially considering the exemptions in
smoke-free regulations.
Details on the standard procedures for the confiscation and administration
of controlled drugs, with specific emphasis on the distinctions between
medications such as medical cannabis and fentanyl.
Clarifications regarding fire safety regulations and evacuation policies
related to the use of vaporisers and other similar devices within hospital
settings.
All training material provided to healthcare staff in regards to Medical
Cannabis.
Clarity on these matters is crucial for my understanding and to ensure
that all patients receive equitable and safe treatment while under
hospital care. I appreciate your attention to this matter and look forward
to your prompt response within the statutory 20 working days as provided
under the Official Information Act.
Thank you for your assistance.
Yours faithfully,
Anthony-John van Duuren
****************************************************************************
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attachments may contain information that is IN-CONFIDENCE and subject to
legal privilege.
If you are not the intended recipient, do not read, use, disseminate,
distribute or copy this message or attachments.
If you have received this message in error, please notify the sender
immediately and delete this message.
****************************************************************************
References
Visible links
1. http://www.ombudsman.parliament.nz/
2. mailto:[email address]
3. mailto:[email address]
4. https://www.health.govt.nz/about-ministr...
5. https://www.stuff.co.nz/nz-news/35026439...
hide quoted sections
From: OIA Requests
Tçnâ koe Anthony-John,
Thank you for your request under the Official Information Act 1982 (the
Act) to Manatû Hauora (the Ministry of Health) on 7 May 2024.
Manatû Hauora does not hold any information relating to your request;
however, I have been advised that this information is held by Te Whatu Ora
– Health New Zealand. For this reason, I have decided to transfer your
request to their agency under section 14(b)(i) of the Act. You can expect
a response from Te Whatu Ora ([1][email address]) in due
course.
Under section 28(3) of the Act, you have the right to ask the Ombudsman to
review any decisions made under this request. The Ombudsman may be
contacted by email at: [2][email address] or by calling 0800
802 602.
Ngâ mihi
OIA Services Team
Manatû Hauora | Ministry of Health
[3]Ministry of Health information releases
------------------- Original Message -------------------
From: Anthony-John van Duuren
<[4][FOI #26655 email]>;
Received: Tue May 07 2024 12:38:49 GMT+1200 (New Zealand Standard Time)
To: OIA Requests <[5][email address]>; OIA
<[6][email address]>;
Subject: Official Information request - Request for Information Regarding
Hospital Policies on Medication Use, Specifically Medical Cannabis
Dear Ministry of Health,
I am writing to request information under the Official Information Act
1982 concerning the policies and regulations that govern the treatment and
administration of prescribed medications, including medical cannabis,
within hospital settings. My recent experiences during medical treatment
at both Hawke's Bay Hospital and Wellington Hospital have highlighted
several issues regarding these policies, specifically relating to the use
of medical cannabis.
1. Requirement to Administer Medicine Outdoors and Smoke-Free Regulations:
Although I am not a smoker and understand that hospitals adhere to
smoke-free regulations without designated smoking areas, I was required to
administer my prescribed medical cannabis outdoors during my recovery in
Wellington. This requirement, seemingly in contradiction to smoke-free
regulations that explicitly exclude medical cannabis, forced me to leave
the hospital premises, exposing me to low temperatures and nearby security
risks during a police incident involving a machete and firearm
([7]https://aus01.safelinks.protection.outlo...).
I seek clarification on the legal basis for this policy, which appears to
breach patient rights.
2. Confiscation and Differential Treatment of Controlled Drugs:
Upon my arrival at Wellington, my prescribed medical cannabis was
confiscated, cited as standard procedure for controlled substances. Yet,
fentanyl, another controlled substance, was administered to another
patient within hospital premises without the need for them to go outside.
This discrepancy raises significant concerns about potential double
standards in the handling of controlled drugs.
I seek clarification on the legality of this confiscation. Please provide
a copy of this policy in full for my review so I can better understand how
my medication was handled when outside of my possession.
3. Fire Safety Claims and Evacuation Policies:
At Hawke's Bay Hospital, the head of security warned that using my medical
cannabis vaporiser inside could trigger smoke alarms and necessitate an
evacuation, thus I was compelled to use it outside of hospital grounds. I
request detailed information on the fire safety regulations and specific
evacuation policies that support this claim.
4. Breach of Duty of Care:
As a patient officially admitted to the hospital, it is concerning that
the hospital's policies required me to leave the premises to use my
legally prescribed medication, potentially compromising my safety and
recovery. This practice seems to neglect the hospital's duty of care to
its patients, especially those recently out of surgery and in a vulnerable
state. I seek explanations on how these policies align with the hospital's
responsibilities towards patient safety and care.
Given these points, I respectfully request the following information:
The specific Ministry of Health regulations or policies that require
patients to administer certain medications, such as medical cannabis,
outside hospital premises, especially considering the exemptions in
smoke-free regulations.
Details on the standard procedures for the confiscation and administration
of controlled drugs, with specific emphasis on the distinctions between
medications such as medical cannabis and fentanyl.
Clarifications regarding fire safety regulations and evacuation policies
related to the use of vaporisers and other similar devices within hospital
settings.
All training material provided to healthcare staff in regards to Medical
Cannabis.
Clarity on these matters is crucial for my understanding and to ensure
that all patients receive equitable and safe treatment while under
hospital care. I appreciate your attention to this matter and look forward
to your prompt response within the statutory 20 working days as provided
under the Official Information Act.
Thank you for your assistance.
Yours faithfully,
Anthony-John van Duuren
****************************************************************************
Statement of confidentiality: This e-mail message and any accompanying
attachments may contain information that is IN-CONFIDENCE and subject to
legal privilege.
If you are not the intended recipient, do not read, use, disseminate,
distribute or copy this message or attachments.
If you have received this message in error, please notify the sender
immediately and delete this message.
****************************************************************************
References
Visible links
1. mailto:[email address]
2. mailto:[email address]
3. https://www.health.govt.nz/about-ministr...
4. mailto:[FOI #26655 email]
5. mailto:[email address]
6. mailto:[email address]
7. https://www.stuff.co.nz/nz-news/35026439...
hide quoted sections
From: hnzOIA
Tēnā koe,
Thank you for contacting Health NZ, Te Whatu Ora. This is an automatic
reply to confirm that we have received your email. Depending on the
nature of your request you may not receive a response for up to 20 working
days. We will try to respond to your query as quickly as possible.
Ngā mihi
Health NZ, Te Whatu Ora.
Statement of confidentiality: This email message and any accompanying
attachments may contain information that is IN-CONFIDENCE and subject to
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From: hnzOIA
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Kia ora Anthony-John,
Thank you for your request for information regarding medicinal cannabis on
9 May 2024. Please find attached our response to your request.
If you have any questions, please get in touch at
[1][email address].
If you are not happy with this response, you have the right to make a
complaint to the Ombudsman. Information about how to do this is available
at [2]www.ombudsman.parliament.nz or by phoning 0800 802 602.
Ngā mihi,
Miranda
Government Services
[3][email address]
Health New Zealand | Te Whatu Ora
Statement of confidentiality: This email message and any accompanying
attachments may contain information that is IN-CONFIDENCE and subject to
legal privilege. If you are not the intended recipient, do not read, use,
disseminate, distribute or copy this message or attachments. If you have
received this message in error, please notify the sender immediately and
delete this message
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2. file:///tmp/
3. mailto:[email address]
From: Anthony-John van Duuren
Dear Miranda,
Thank you for your response dated 30 May 2024. I appreciate your efforts to address my queries concerning the administration of medical cannabis within hospital premises. However, there seems to be a significant misunderstanding in your response regarding the forms of medicinal cannabis that can be utilised for patient treatment, particularly in relation to inhalation methods, which are critical for my condition.
Clarification on Inhalation Forms of Medicinal Cannabis:
Your statement that "there are no medicinal cannabis products under the medicinal cannabis products minimum quality standard that can be smoked or vaped" contradicts the availability of prescribed medicinal products specifically for inhalation. These are vital for rapid onset of pain relief and other therapeutic effects. Inhalation is a recognised method for the administration of medicinal cannabis, and it is crucial that hospital policies reflect this. The distinction between smoking and vaping is crucial, as confirmed by legislation, which specifies that vaporizing does not fall under the same restrictions as smoking. This is an essential consideration for patient treatment options and compliance with smoke-free regulations.
These are the legislated definitions of what defines smoking, vaping, or medical product as per the Smoke-free Environments and Regulated Products Act 1990: legislation.govt.nz/act/public/1990/0108/latest/DLM223196.html
Furthermore, as these products are not prescribed for "smoking" — rest assured, I am not suggesting that patients be allowed to "smoke one up" in their wards. However, legislatively, it appears that patients are allowed to vape their medical cannabis, and it's up to the hospital to accommodate that: legislation.govt.nz/regulation/public/2019/0321/latest/LMS285305.html
Smoke Alarms and Misinformation:
I have consulted directly with Fire and Emergency New Zealand (FENZ) regarding the sensitivity and specifications of smoke alarms to vapour. According to FENZ, the vapour produced by medicinal cannabis vaporisers does not have the particulate size or heat to trigger the smoke alarms installed in hospital settings. Therefore, the risk of triggering an evacuation due to the use of a medical cannabis vaporiser is highly unlikely.
Duty of Care and Patient Safety:
The requirement to leave the hospital premises to administer a legally prescribed medication not only compromises my safety but also contradicts the hospital's duty of care. This practice is especially concerning for patients who are in a vulnerable state post-surgery.
Given these points, I respectfully request a re-evaluation of the current policies regarding the use of medical cannabis vaporisers within hospital settings. It is vital that these policies accurately reflect the realities of medicinal cannabis administration forms and the safety measures already in place.
Additionally, I would appreciate it if you could provide:
- Any specific research or evidence that the hospital's current policies are based on regarding the use of vaporisers and their impact on hospital smoke alarms.
- A review of the training materials provided to healthcare staff concerning the administration of medicinal cannabis, particularly regarding inhalation methods.
Sincerely,
Anthony-John Van Duuren
From: hnzOIA
Tēnā koe,
Thank you for contacting Health NZ, Te Whatu Ora. This is an automatic
reply to confirm that we have received your email. Depending on the
nature of your request you may not receive a response for up to 20 working
days. We will try to respond to your query as quickly as possible.
Ngā mihi
Health NZ, Te Whatu Ora.
Statement of confidentiality: This email message and any accompanying
attachments may contain information that is IN-CONFIDENCE and subject to
legal privilege. If you are not the intended recipient, do not read, use,
disseminate, distribute or copy this message or attachments. If you have
received this message in error, please notify the sender immediately and
delete this message
From: hnzOIA
Tēnā koe Anthony-John,
Thank you for your email of 6 June 2024, asking for further information
under the Official Information Act 1982 (the Act) regarding the
administration of medical cannabis within hospital premises.
This email is to let you know that Health NZ needs more time to make a
decision on your request.
The Act requires that we advise you of our decision on your request no
later than 20 working days after the day we received your request.
Unfortunately, it will not be possible to meet that time limit and we are
therefore writing to notify you of an extension of the time to make our
decision, to 16 August 2024.
This extension is required because the consultations necessary to make a
decision on your request are such that a proper response cannot reasonably
be made within the original time limit.
If you have any questions, please contact us
at [1][email address]
If you are not happy with this extension, you have the right to make a
complaint to the Ombudsman. Information about how to do this is available
at www.ombudsman.parliament.nz or by phoning 0800 802 602.
Nāku iti noa, nā
Miranda
Government Services
[2][email address]
Health New Zealand | Te Whatu Ora
Statement of confidentiality: This email message and any accompanying
attachments may contain information that is IN-CONFIDENCE and subject to
legal privilege. If you are not the intended recipient, do not read, use,
disseminate, distribute or copy this message or attachments. If you have
received this message in error, please notify the sender immediately and
delete this message
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