My Mom lives in Texas. She’s 84 and has Alzheimer’s and high blood pressure and a few other health issues. Over the last year she has developed a terrible nervous habit of scratching herself. Her arms and thighs are literally covered in horrible open sores and bruises and scars. She often gets infections. We know for sure it’s not a rash or skin condition. She’s been on many meds and lotions including for OCD. None worked and all made her like a zombie. Mom’s Doctor is very open to giving her CBD oil. He feels it has great potential and has no side effects. I searched and studied and found one that is very reputable. My husband and I both have been taking it and have had amazing results with relief from aches and pains, anxiety and sleep issues. So, I feel very comfortable giving it to my Mother, however the Med nurses where she lives aren’t allowed to dispense it. The CBD oil has no THC in it and is legal in Texas but the corporate office refuses to consider it. We have to have their help. It needs to be taken a couple of times a day consistently to work. Alzheimer’s is just heart breaking anyway but it really pains me to see my Mom literally tearing herself apart. You can buy CBD oil in the mall and shops are popping up everywhere. Last year her Doctors prescribed B12 vitamins and she also has a standing order for Tylenol if needed. Both are purchased at local stores and are dispensed by the Med nurses. What legal rights do we have?
Is your mother's doctor up for a fight?
What exactly has the "office" said so far? You say it's a refusal to consider it. Okay, they can do that; but then they have to justify even that decision, the decision to refuse to consider it.
Your mother (not you) has legal rights. Whether or not the company is breaching its responsibility to her will depend on their justification for refusing to permit a therapy, which your mother's doctor has already approved, to be administered on their premises. It had better be good!
The Doctor is willing to write the orders to give her the oil, just as he has for b12 and Tylenol. He can’t write a prescription for it only an “order” for the distribution of it. The particular oil I want to give her does not contain THC. It is purely CDB isolate. The company does 3rd party testing on every lot of oil. I can provide the corresponding test results to lot number on bottle. The residence corporate office tells me that it is against policy for the Med nurses to give her the oil. I believe the problem lies in an outdated policy. We can’t really afford to hire a lawyer. So frustrating that they are fine with her receiving drugs that make her so out of it that she can’t hold her eyes open but they won’t give her a perfectly legal, natural substance that has no side effects. Meanwhile she’s tearing holes in herself.
Once it is a prescribed "medication" I would think that it is their obligation to administer it.
I think if it is a "suggestion" from the doctor to "try" it that is different than actually prescribing it.
Once it is "prescribed" and she has been using it for about 3 months if it works have the prescription continue if it does not show that there has been an improvement then it can be discontinued just like any other medication would be discontinued after it has show not to provide any positive results.
Just found this information:
https://seniorslifestylemag.com/health-well-being/cbd-and-international-laws/
United States CBD Laws
USA has some interesting laws on CBD, especially as each state has differing laws on cannabis. There are now 10 states where marijuana is fully legal. There are also 33 states where marijuana is legal for medical use. This includes cannabis oils. What’s more, some states make exceptions for patients with certain conditions to use CBD Oil, providing the oil has low levels of THC and high levels of CBD.
While cannabis-based CBD Oil laws can vary from state-to-state, hemp-based CBD products are much more available. In the past, states such as Texas barred the use of CBD. However, recent changes to The Farm Bill make hemp products much more legally available. You can now use CBD in all 50 states, providing the product comes from hemp and has less than 0.3% THC.
This makes it legal to buy all kinds of hemp-derived CBD products. For instance, Just CBD Store sells a range of CBD products made with hemp. This includes CBD tinctures, gummies, vape cartridges, doobies, and a lot more. You can legally buy and use any of these in all 50 states.
I'm totally new at working with an AL home. Lotta restrictions by law. Today they axt me for some liquid Tylenol which I happened to have. Well it was out of date. l could personally give it to my wife no problem but they could not.
My dad was on non medical supplements and his doctor had to write a prescription that the care home copied for his file and implemented them in his daily meditations. The doctor had to write how much daily, the brand and strength. No changing vitamins without a new rx.
Hemp lotion that you can buy at any tanning salon. It has no THC, but still will give mom that relax feeling. Helps with anxiety.
My mother was picking at her head and face and I do give her CBD oil and now her head and face are healing. But she lives at home and her Drs know how many mgs she is taking and what days.
The great thing about the lotion (I use for myself) it is long lasting.
Just a thought!
In the meantime, is your mom wearing long sleeve shirts and long pants? Are her fingernails cut short enough so that she cannot scratch herself? Is there an anti-anxiety medication that might act similarly to the CBD?
What are the laws on CBD in Texas? I think you're going to be up against this no matter what. What about medical marijuana? Is that legal in Texas? If so, maybe that would be a way to help reduce her anxiety or whatever is causing the self harm by scratching.
As for legal rights, you would have to consult an Elder Care lawyer or possibly a Pro Bono lawyer who can assist you.
Are you able to see your mother once a day? Are you sure that providing her with the CBD yourself even once a day might not be helpful?
https://www.fda.gov/news-events/public-health-focus/warning-letters-and-test-results-cannabidiol-related-products
https://www.fda.gov/consumers/consumer-updates/what-you-need-know-and-what-were-working-find-out-about-products-containing-cannabis-or-cannabis
https://www.fda.gov/news-events/public-health-focus/fda-regulation-cannabis-and-cannabis-derived-products-questions-and-answers
CBD oil is fairly new to the medical community as far as ordering for patients; the issue is that not all CBD oil is the same so it would be impossible to write a policy to cover all of these unknowns.
If the corporate office is not willing to sort all that out, they can refuse, & rightfully so as the use of CBD is fairly new & they may just want to wait to see how state & federal regs pan out and cite patient safety as a concern. A valid concern as well, because there is just not enough scientific data and studies available about the use of the drug and I would bet minimal studies on CBD oil & effects on the elderly.
Have you discussed using benadryl or vistaril for relief from itching? Oatmeal baths? Is her renal function normal or does she have CKD (kidney disease)? If CKD have the docs check her phosphorus level as if elevated can cause severe itching, as well as itchy skin from kidney disease. Or have her evaluated by a dermatologist if you haven’t already.
Due to liability issues I would not bank on the facility allowing CBD anytime soon.
I presented the request to her medical team: the doctor, the head of social work, and the head of nursing of the facility.
I was told that by policy, at this time, they cannot give her the CBD - even the widely accepted, legal version. I was told that if I want Mom to be given CBD, I would have to administer it daily myself. (Since I cannot go there each day, twice a day, that set-up does not work for me.)
This ignorant policy will continue until the federal laws are changed, and until there is a greater understanding of the difference between the legal CBD based on hemp, and the more effective CBD version which medical marijuana offers.
Eventually, this will change. For now, dosing rests as our responsibility once the doctor is informed.
Hope this helps.
I know someone who was selling online and in bottles to sell directly. The bottle had absolutely no mfg name on it, no ingredients label, and simply said CBD - use 1/2 dropper for anxiety. These instructions were not even a typed or professional looking label. Just someone's handwriting. That has the hint of prescribing medicine without a license in my own opinion and there's no way I would take it or give it to someone or a pet.
You probably need to talk to her doctor about CBD or some sort of antianxiety med that will help with the scratching. That, or take her home and medicate however you choose.