Utah Medical Privacy Bill Receives Pushback from DEA

http://healthitsecurity.com/news/utah-medical-privacy-bill-receives-pushback-from-dea

A medical privacy bill went into effect in Utah earlier this year, requiring police agencies to get a warrant from a judge before searching the state’s controlled-substance database. However, the US Drug Enforcement Administration may sue Utah over the restricted access.

DEA investigator Robert Churchwell sent a subpoena for information to state database administrator Marvin Sims, according to The Salt Lake Tribune. The subpoena demanded that Sims provide contact information and a full prescription history for the target of a DEA investigation.

Assistant Attorney General David Wolf refused the request, saying that Sims would have been committing a felony.

As reported earlier this year by HealthITSecurity.com, S.B. 119 requires law enforcement to use a search warrant to gain database information related to a controlled substance investigation. The legislation also requires that officers specify the individual who they are searching.

“Any person who knowingly and intentionally releases any information in the database or any information obtained from other state or federal prescription monitoring programs by means of the database in violation of the limitations under Part 3, Access, is guilty of a third degree felony,” the bill states. “ Any person who negligently or recklessly releases any information in the database or any information obtained from other state or federal prescription monitoring programs by means of the database in violation of the limitations under Title 58, Chapter 37f, Part 3, Access, is guilty of a class C misdemeanor.”

Wolf added that without a valid search warrant, Sims did not have to comply with the request.

Utah Senator Todd Weiler sponsored the bill back in February, and said that the recent pushback is very disappointing. Specifically, Weiler said it is upsetting that the federal government believes that it is exempt from the 4th Amendment, which prohibits unreasonable searches.

The bill also allows those whose information is in the database to obtain a list of individuals who have had access to their data, except when the information is subject to an investigation. Individuals who are in the database can also ask that the division give them their records in the controlled substance system.

”I think it’s disgusting that this is what it’s come to, that the federal government thinks they have a right to see whatever they want and the 4th Amendment means nothing,” Weiler told the news source.  

The controlled substance database was created 19 years ago, and when individuals have their name and prescription entered into the database when they receive a prescription for a controlled substance, such as oxycontin or morphine. Weiler said in February that while the main purpose of the database was for doctors and pharmacists to ensure patients aren’t “prescription shopping,” lawmakers knew at the time that the database could potentially be abused without further legislation.

Assistant Supervising Agent in Charge of the Salt Lake City office of the DEA Nicki Hollmann told the Tribune that having to get a subpoena would “significantly hamper” the agency’s mission. Specifically, Utah is ranked fifth in the nation for drug overdoses, which is something that the DEA hopes to address.

Weiler counters that argument though, saying that a state judge can electronically issue a subpoena within just a few hours.

Filed under: General Problems