HIPPA Privacy Law and Patients’ Bill of Rights are supposed to protect an individual privacy when it comes to their medical information. These laws were created and put into place to establish patient confidentiality and not have patients’ information disclosed without prior consent. In 1998, Dawn Castellano, a pharmacy technician who worked for Arbor Drugs in Mount Clemens, Michigan, violated a patient’s confidentiality by disclosing information to her son regarding one of her customers. The pharmacy technician was filling a prescription for AIDS medication and discovers the customer was a parent of her son classmates.
The technician informed her child of the customer condition and later her son taunted his classmates about their father disease. The customer children had no prior knowledge of the disease. The pharmacy technician violated the HIPPA laws and Michigan Medical Confidentiality Law when she disclosed the patient’s personal information. Anything obtaining to a patient’s medical record is private and this includes prescriptions as well. Regardless if the technician knew of the patient or not, it was not for her to pass this information on to anyone.
The customer filed a lawsuit against Arbor Drugs and the pharmacy technician for breach of privacy because the technician disclosed his personal information without his consent. Arbor Drugs and the customer ended up reaching a settlement. Prior to this incident, Arbor Drug had no written policy about patient confidentiality. This lawsuit and several like it, help establish the Patient’s Bill of Rights. This law created by former President Bill Clinton. The Patient Bill of Rights highlights four important rights for patients. The first right, is guaranteed access to health care providers.
The second right, ensures that the patient has access to quality and affordable care. The second right entitles the patient to have access to emergency services. If a patient needs emergency care, they cannot be denied. The third right, is confidentiality of medical records. This right protects the patients’ medical record from being disclosed without their consent and also gives them the right to access their medical record. The fourth right gives the patient the right to file for grievance and appeals if their rights have been violated.
Although patience prescriptions are part of medical records and are supposed to be keep confidential, this does not apply when it comes to products containing pseudoephedrine. Under the Federal Pseudoephedrine Law, when an individual purchases products containing pseudoephedrine their information must be recorded in a log book and this information must be keep for two years. This law applies to any prescription, behind-the-counter and over-the-counter medication. Pseudoephedrine is an ingredient use to make methamphetamine.
In order to reduce the abuse of methamphetamine, federal and state governments have come up with laws to control the purchase of the prescription, behind-the-counter and over-the-counter medication that contains pseudoephedrine. According the Federal Pseudoephedrine Law establish in 2006 by President Bush, there has to be a purchase sales limit. No consumer can purchase more than 3. 6 grams per day and no more than 9 grams of products containing PSE (ephedrine, pseudoephedrine or phenylpropanolamine) in a 30 day period. Non-liquid forms of PSE can only be sold in blister packs.
Also mail-order purchases cannot exceed 7. 5 grams within a 30 day period. The law also entails that products containing PSE be placed behind-the-counter or if they are over-the-counter the will need to be locked up. Consumer must also filled out complete a form in the logbook so the government can track their purchases. If guidelines are violated a person can faced up to 1 year imprisonment and a $1000 fine by federal law and by Michigan state law a person can be fined up to $500. Also for false identification a person can face up to 93 Days in prison and a $100 fine according to Michigan state law.
Some states, like southeast Missouri and Oregon requires that medication containing pseudoephedrine can only be purchased if you have a written prescription. While in St. Louis, MO and Michigan you can buy the medication without a prescription. The state of Michigan has their products containing pseudoephedrine BTC and OTC but locked in a cabinet. Some allergy and sinus medication that contains pseudoephedrine is usually BTC, but if you require more than what is offer in the package you would need a prescription for it. Cold medicines and decongestants are usually OTC and BTC.
I think that these regulations can have both positive and negative challenges. With customers it can be the lack of knowledge not knowing that it is available to them. If a customer needs a prescription to obtain these meds, then it can be an inconvenience for the customer how to schedule a doctor’s appointment. Also if consumers have really bad allergies and sinus and take medication every day for it, these laws might cause a problem for them obtaining it. For example, if a customer has allergies and no insurance they can only depend on OTC or BTC medication because they cannot get a prescription for another medication.
There are products out the work just as well as they ones containing pseudoephedrine. It will be up the pharmacist to educate the customer on alternative products. For pharmacies they may not get as much out on the market because it’s not readily available which will cause a decline in the market for it. This law can have a negative impact on Drug companies because they will suffer as far as making a profit off of these medications because less of them are being sold. References Sullivan, Patrick T. “Patients. Doctors unhappy with pseudoephedrine prescription requirement” October 7, 2011.
Retrieved from http://www. semissourian. com/story/1771366. html “Federal Pseudoephedrine Law” Retrieved from http://www. doh. state. fl. us/mqa/pharmacy/info_federallaw. pdf October 24, 2012 “HIPPA Information Privacy” Retrieved from http://www. hhs. gov/ocr/privacy/index. html October 19, 2012 “Man with AIDS Claim Clerk Disclosed Illness” (January 8, 1998). Retrieved from http://news. google. com/newspapers? nid=1683&dat=19980108&id=XKQaAAAAIBAJ&sjid=fC4EAAAAIBAJ&pg=6807,2747241 October 19, 2012 “The White House at Work”.