FAQs

Physicians can be held accountable where they know or should have known patient cannabis use presented a risk. Ignorance is not a defense.

Cannabis is currently regulated both criminally and civilly. While Congress is considering legislation to decriminalize cannabis and HHS has recommended that the FDA reconsider the scheduling status of cannabis, the status quo remains the same. So the threat of criminal prosecution in a medical cannabis state may be very low, but until the FDA changes the way it regulates cannabis, there is no change in denial of coverage.

Critically, for a medical professional liability can start either when awareness of patient use or discussion about cannabis begins. Awareness of patient use of cannabis in conjunction with their healthcare, triggers liability. Importantly, liability can also occur by avoiding the conversation. Legally this is referred to as the sin of omission, “An act of commission or omission that substantively increases the risk of a medical adverse event.”

Fun fact: Our physician survey indicated 34% of doctors across specialties are being asked by patients about cannabis more than once a week.

Yes! Associations such as ASRA have developed new guidelines that incorporate cannabis-specific applications. Clinical understanding of the endocannabinoid system and how cannabis affects the body, is changing how doctors should manage cases.

Rapid advancements in cannabinoid medicine have sown confusion in answering the question “What is the appropriate Standard of Care for today’s patients?” Training about the Endocannabinoid System, cannabinoid medicines and their combined effect on the human endocrine system hasn’t kept up with the disinformation found on the internet. Hesitancy due to the Federal issues with cannabis have also handicapped physicians’ learning.

Under the “Duty of Care” standard the physician is responsible for patient safety, no matter how access to cannabis is achieved. Regardless of a physician’s stance on cannabis, as soon as the doctor or the patient raises the topic of cannabis in conjunction with their healthcare plan, the medical professional becomes exposed to cannabis-related claims. Avoiding the discussion does not avoid liability.

Not really. With regard to cannabis coverage, traditional insurers come in one of three flavors: silent, vague or excluded. Most do not affirmatively cover cannabis-related claims, nor will they put coverage in writing. Malpractice insurers will typically decline a claim because cannabis is not FDA approved and/or is a felony. Traditionally conservative, they avoid issuing policies for claims that involve a federally illegal drug. Federal FinCEN laws can also make insurers susceptible to asset seizure.

No. You can keep your primary insurance. Pro Mal Insurance is a supplemental policy that will protect you with affirmative coverage for cannabis-related wrongful acts, including legal defense and damages.

No. De-scheduling of cannabis alone does not remedy the Cannabis Gap. Here is an example of an FDA exclusion found in a typical malpractice insurance policy.

The policy excludes coverage for the non-compliance of any Food and Drug Administration (FDA) rules, regulations, and statutes as amended and revised, or treating a patient with any drugs, medical devices, or biologics that have been disapproved or not yet approved by the FDA.

Yes! Cannabis is regulated both criminally and civilly. Congress is currently considering legislation to decriminalize cannabis which means people can no longer be stopped by police and arrested for possession. There is no pending legislation that changes the way the FDA regulates cannabis which is how it affects your coverage.

The ground is shifting more every day. If you ignore the reality that more of your patients are exploring how to integrate cannabis into their healthcare plan you might be putting your license at risk. Pro Mal provides affirmative, supplemental coverage together with clinical education to help you avoid potentially catastrophic scenarios as well as offering you the accredited information to better treat your patients.

No. Many large hospitals that rely on Federal funds (Medicare/Medicaid) have enacted policies that limit any discussions or use of cannabis. Since cannabis is a Schedule 1 drug and it is federally illegal to discuss, use or recommend it, hospitals fear that allowing doctors to discuss cannabis with patients will put them at odds with the government that is paying a significant portion of their bills. Regardless of the law and hospital policy, two-thirds of doctors report that patients continue to ask how they can integrate cannabis into their care plans. Bottom line: the hospital policy will not relieve you of liability. In fact, these policies can aggravate the situation, as you are torn between following a policy of denial or treating the patient who is sitting in front of you with real questions about their healthcare plan.

No. While that can be a defense to a claim concerning drugs not approved by the FDA, your malpractice carrier can still deny coverage because you violated an exclusion to your policy. As a result, you may be required to defend yourself, regardless of the merits of the claim. And unlike Botox, cannabis is a Schedule 1 drug, so insurance companies, courts and regulators view it more critically.

With hundreds of cannabis strains and hybrids, there isn’t a single drug company that represents the vast majority of cannabis that is available to the public. The fact that it is a Schedule 1 drug also severely restricts meaningful research or sharing of information. These facts contribute directly to the Cannabis Gap that our product is designed to cover and protect you from harm.

Wrong! If you know or have reason to know that your patient is using cannabis you have a duty to warn them if this use could interfere with their healthcare plan. Maybe back in the day when cannabis was far less potent and used more casually by patients...but today with easy access and far more potent choices, millions of patients of all kinds are regularly using cannabis for a wide variety of treatment options.

No. Unlike alcohol which has one active ingredient, cannabis is a blend of over 110 different cannabinoids which affect at least 5 bodily systems, broadly defined as the Endocannabinoid System. Pro Mal provides education in addition to insurance so that you are fully protected.

Navigating the language and challenges of the medical cannabis space requires cannabis risk management experts like those at Pro Mal. Our claims experts understand the challenges encountered by healthcare professionals who may or may not be familiar with risks associated with cannabis. Importantly, we will help educate you and keep you up-to-date on the Endocannabinoid System, cannabinoid research and the latest practices to help you avoid hazards in the first place. Pro Mal offers state of the art, accredited education presented in on-demand lessons or in a “Grand Rounds” style featuring a live interactive setting.

Yes! Cannabis is far more potent today than ever before. Not only is it more potent—it is not manufactured to the same exacting standards as most drugs. Problems with contamination abound, and these problems can become your problems. Malpractice cases are filed every day involving “safe” medications that weren’t. You only need a patient who has suffered a “harm” and can advance a case that you did not follow the appropriate Standard of Care to ruin your day. Pro Mal Insurance will protect you. Don’t chance ending up in front of a judge and jury without protection. To them, cannabis is no different from any other drug that was incorrectly used or manufactured improperly.

Wrong. Cannabis use affects your body’s Endocannabinoid System (ECS) which regulates and controls many of our most critical bodily functions. This process stands in stark contrast to how alcohol interferes with or otherwise affects how your body functions. The ECS system is located throughout the entire body and is responsible for such functions as learning and memory, emotional processing, sleep, temperature control, pain control, inflammatory and immune responses, and eating. Since the ECS was first identified in the late 1990s we have come to understand that it is vitally important to how our bodies are regulated. So no, cannabis is NOT like alcohol which only targets a few organs.

Yes! Premiums can be as low as $1,500 annually. Most doctors are surprised by how affordable Pro Mal coverage is. And it’s easy to find out...the application only takes a few minutes to complete.

No. While other insurance providers may limit the number of patients you may treat, Pro Mal has no such limits. And with the rapid increase in registered users coupled with increasingly relaxed laws...you could be unknowingly penalized for having one too many patients. With Pro Mal, this isn’t a concern.

Pro Mal can offer you a policy with retroactive coverage. Call us or talk with your agent about details.