HEALTH ACT PROTECTS PRIVACY OF DRUG ABUSERS

Pharmacists Ask To Alert Police About Fraudulent Prescriptions

EDMONTON - Some illicit drug users and dealers are getting a free ride
on forged prescriptions because pharmacists fear calling the police
would violate the Alberta Health Information Act.

The manager of pharmacy services for Value Drug Mart told a
legislative committee this week that even altered prescriptions
contain legally protected private health information that can't be
shared with police.

Pharmacists believe even disclosing basic registry information, such
as the alleged forger's name and address, would violate the act, Jody
Shkrobot said.

"The modification makes the prescription invalid, but it is still
health information, and the registration information that's on that
prescription would technically be protected under the Health
information Act," Shkrobot told an all-party committee reviewing the
act.

"Probably the most common way that medications on prescriptions are
forged is by making modifications to existing medications," he said.
"Adding a zero so that instead of the person receiving 50 tablets of
morphine, they end up having a prescription for 500 pills of morphine."

Pharmacists do not accept forged prescriptions when they spot them, he
added.

But it would be in the public interest to change the act so
pharmacists can have more discretion about notifying police when these
situations arise, Shkrobot said.

Ning Ramos, a legal adviser to Edmonton city police, says Shkrobot's
statements add weight to police claims that the act is handcuffing
their investigations.

Police argue the act can be amended so medical staff can identify an
individual to police and say where health records are kept. That way
they have a fair chance to convince a judge to issue a warrant, Ramos
said.

Committee member Thomas Lukaszuk, the Conservative MLA for Edmonton
Castle Downs, supports the request of the police and
pharmacists.

He says the act can be altered in a way that allows pharmacists and
health-care workers to co-operate with police without breaking the law
or revealing health information that should be protected.

"There's no reason why police can't receive the basic identity
information they need to properly investigate," he said.

Greg Eberhart, registrar of the Alberta College of Pharmacists, says
the act is at best ambiguous about whether pharmacists can share
registration information with police in such cases.

He supports a change in the act that would clarify that pharmacists
acting in good faith can legally notify police if they believe a
prescription has been altered.

"They have a responsibility to society regarding drug abuse and misuse
as well as a responsibility to protect the privacy of patients," he
says.

Pharmacists should follow the appropriate steps to validate the
prescription, such as calling the doctor and asking precisely what was
prescribed, before notifying police, he said. Barry Cavanaugh,
executive director of the Pharmacists Association of Alberta, believes
any pharmacist who sees clear evidence of a crime is obliged to call
police.