Expert: NC Sheriffs Not Entitled To Patients' Prescription Information

A Charlotte law professor who helped write a federal patient-privacy law said Wednesday night that officers should not be allowed access to a database containing patients' prescriptions.

The North Carolina Sheriff's Association wants access to a statewide computer database which lists patients with prescriptions for powerful painkillers and controlled narcotics. Burke County sheriff's deputies said access to that information could help them stop people from doctor-shopping and pharmacy-shopping, and to arrest people who are illegally obtaining prescription medications.

Camille Davidson, a professor at the Charlotte School of Law, said the plan may be rooted in good intentions, but it violates federal guidelines on medical privacy.

"Since you're not a medical professional, I question what are you going to do with those records, and how will that affect me in the future?" Davidson said. "If you open the door (for exceptions to the law), how wide do you open the door?"

Davidson worked for the Clinton administration from 1994 to 2000 and helped write the cornerstone piece of legislation regarding medical privacy, commonly called HIPAA.

Still, narcotics officers said something needs to be done to combat a growing problem.

"There is going to be a privacy concern in anything you do, but it's the way you use the tools that are given to you," said Sgt. Rick Hasson, with the Burke County Narcotics Task Force. "If you use it the proper way, there shouldn't be a problem."

But many attorneys said any law giving officers access to medical records will have a chilling effect on patients with legitimate needs.

"If I went and got that prescription filled, and law enforcement officers around this state could pull up my name and check me out, it could have a real chilling effect," said attorney Neal Rodgers.

Legislators will start debating whether to draft a bill regarding the issue in January.