Pubdate: Fri, 27 Aug 2004 Source: Edmonton Journal (CN AB) Copyright: 2004 The Edmonton Journal Contact: http://www.canada.com/edmonton/edmontonjournal/ Details: http://www.mapinc.org/media/134 Author: Tom Barrett 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. - --- MAP posted-by: Larry Seguin