ACLU-NH, state medical society look to block DEA access to prescription drug records
SOURCE: Click Here below
https://www.unionleader.com/news/courts ... 18b4b.html
The American Civil Liberties Union of New Hampshire and the New Hampshire Medical Society filed a brief in federal court Wednesday, saying the state should continue to fight a request made by federal law enforcement for access to the state’s prescription drug database.
The brief, also filed by the national ACLU and four other ACLU affiliates, is part of the federal case U.S. Department of Justice v. Jonas, and explains that not only are these types of searches unconstitutional, but they can also have adverse consequences and deter patients from receiving needed medical care.
“The State of New Hampshire is sticking up for the privacy rights of all Granite Staters, and we are proud to stand with them,” said Henry Klementowicz, staff attorney at ACLU-NH. The federal Drug Enforcement Administration (DEA) “cannot ignore state law and request these sensitive records with an administrative subpoena instead of a signed warrant. That’s not the New Hampshire way, and we are proud to stand with the New Hampshire Department of Justice to protect patient rights.”
New Hampshire, along with 48 other states, the District of Columbia and Puerto Rico, has established a statewide Prescription Drug Monitoring Program (PDMP), a system allowing physicians and pharmacists to look at a patient’s past prescriptions for medications that have addictive potential. State law prevents law enforcement agents from accessing the database unless they have a search warrant signed by a judge.
“The DEA’s most concerning argument in this case is that medical patients have no reasonable expectation of privacy in their prescription records. The medical community rejects this view,” says James Potter, executive vice president of the New Hampshire Medical Society. “Not only is this argument legally incorrect, but it undermines why medical confidentiality is so important. Protecting patients’ medical information is essential to ensuring that patients feel comfortable to seek medical care from health care providers. Patients who trust their health systems to protect their data receive better outcomes. Maintaining patient privacy is also essential to protecting our patients’ dignity.”
The dispute involves a subpoena New Hampshire received last June from the DEA seeking two years’ worth of a patient’s PDMP records. The state Attorney General’s office refused to comply, claiming that doing so would violate state law and infringe on privacy rights. The DEA sued in court, with the state’s Attorney General arguing the subpoena was improper under federal law and the Fourth Amendment to the U.S. Constitution.
“Our medical records can reveal our most sensitive and private details, which is precisely the kind of information the Fourth Amendment is intended to protect,” said Nathan Freed Wessler, staff attorney with the national ACLU’s Project on Speech, Privacy, and Technology. “Requiring a search warrant for law-enforcement access to our private health information isn’t just good Fourth Amendment law; it’s good policy. Robust protections against unjustified police searches of prescription-monitoring databases help ensure that the opioid addiction crisis is primarily addressed using public health tools, not a broken criminal justice system.”
- Forced Tapering of Opioids - Suicides in Despair with Chronic and Intractable Pain Opioid Crisis THe DEA and it's involvement in Patient Abuse and Violation of Human Rights
- Search
- Search
-
- It is currently Thu Jan 26, 2023 10:14 pm
- All times are UTC
ACLU-NH, state medical society look to block DEA access to prescription drug records
Through its intimidation of doctors and pharmacies. There is a Heroin and Carfentanil epidemic and do nothing to China about it. The mission of the DEA includes: Enforcement of the provisions of the Controlled Substances Act as they pertain to the manufacture, distribution, and dispensing of legally produced controlled substances.
ACLU-NH, state medical society look to block DEA access to prescription drug records
Post by admin » Fri May 31, 2019 12:43 pm
Link: | |
BBcode: | |
HTML: | |
Hide post links |
Return to “THe DEA and it's involvement in Patient Abuse and Violation of Human Rights”
Jump to
- Intractable Pain Explained
- Intractable Pain Act Being Repealed and Modified
- China's Covert War with Fentanyl and Carfentanil on the US Public
- The United Nations on the Overdose Crisis
- Stories of Chronic Pain
- CBD Products
- Opioid Crisis - Is the end Really Coming - Will There Be Justic For CPP'S
- AMA Opioid Task Force
- Investigations and Pain Management Denial Deaths
- Pain Management Clinics
- Hospitals Giving Tylenol After Major Surgery - Including Real Stories
- ↳ Pennsylvania Hospitals and Surgical Centers
- ↳ Commonwealth Health Wilkes-Barre General Hospital
- Medications and Drug Testing
- The Media's Intentional Fake News Narrative on the Opioid Crisis
- The Media Stories Starting to Report The Truth
- WHO, HRW, and UN - With The Lack of pain relief harm is being done.
- Carfentanil and its Fentanyl Analogs, not Prescription Fentanyl Killing Unsuspecting Drug Users.
- CDC Centers for Desiease Control Manipulation of the Intractable Pain Patients and Doctors
- Health and Human Services "HHS" Interfeering in Dr Patient Relationships leading to suicides
- National Institutes of Health nih.gov
- Medicare Is Cracking Down on Opioids
- THe DEA and it's involvement in Patient Abuse and Violation of Human Rights
- Government - Congress - House - New Laws
- Don't Punish Pain Rally Organization
- Pharmacies - Their Involvement and News of Help
- legal precedents used in the #Starburst complaint
- Opioid Crisis Govenment Hypocrisy
- Petitions & Letter to our Elected Officials (Important)
- Patient Abuse and Doctors Intentional Torture and Sufferin
- Veterans committing suicide over the VA's no Opioid policy
- Suffering without enough Pain Medications due to the DEA behavior
- The FDA the good bad and the ugly
- About Andrew Kolodny MD - Chair of Psychiatry & Self Proclaimed Opioid Expert
- YouTube & Media Videos Telling and Talking about the truth of the Opoid Crisis
- The Suicides Deaths have spiked as Forced Tapers continue
- CDC and FDA trying to explain their sadistic policies.
- Drug Abuse - Addiction v.s Dependance
- Chronic Illness Advocacy Awareness Group
- With the FDA & CDC in contradictions with the DEA Enforcers people are taking Desperate Measures
- What to know about Buprenorfine, Belbuca and the addiction drug Saboxone
- Doctors Making The Ultimate Sacrifice to help those in Chronic Pain
- State Programs - Tapering - Processes - Ruling - Started After The 90 MME
- National Council on Independent Living and others Supporters
- Support CPP's - Donate - Help The Cause