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