Pubdate: Tue, 31 Jul 2007 Source: News & Observer (Raleigh, NC) Copyright: 2007 The News and Observer Publishing Company Contact: http://www.newsobserver.com/484/story/433256.html Website: http://www.news-observer.com/ Details: http://www.mapinc.org/media/304 Author: Keith Stewart, R.Ph. LOSS OF PRIVACY Citizens beware! Effective July 1, all North Carolina pharmacies are now required by law to submit to the state Department of Health and Human Services the following information for each controlled substance dispensed: patient name, address, drug, strength, quantity and prescriber. These data are private health information protected by the Fourth Amendment to the Constitution and by federal HIPAA regulations, making this invasion of privacy both unconstitutional and illegal, I believe. If you do not wish the state to have this information, I would suggest the following: When you have a prescription for a controlled substance filled, ask whether the pharmacy is submitting your information to DHHS. If it is, inform the pharmacist that you wish to file a HIPAA complaint with the U.S. government for disclosing private health information without consent. The pharmacist should provide you with the form or assure you that the pharmacy will not disclose the information to DHHS. I have repeatedly communicated these concerns to the state Attorney General's Office and to DHHS but have had no response. Several attorneys and judges have informed me that, although the intent of this law is good, it is unconstitutional and dangerous. Protect your privacy by opposing this law. Keith Stewart, R.Ph. Fremont - --- MAP posted-by: Jay Bergstrom