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LawTalk
LawTalk, Attorney
Category: Legal
Satisfied Customers: 35309
Experience:  I am a practicing attorney with more than 30 years of experience in the legal field.
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Is it legal for the DEA to access my perscription records

Customer Question

Is it legal for the DEA to access my perscription records and demand a drug blood test without a warrent
they say My Dr ordered it but he has gone on medical leave ,I heard because he wants no part ,I refused because where is the warrent to search ,they said well you wont get your perscriptions then ,I said fine ,you well hear from a lawyer
Submitted: 4 months ago.
Category: Legal
Expert:  LawTalk replied 4 months ago.

Good evening Ken,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

The DEA is using Administrative Law Subpoenas, as opposed to court issued subpoenas to search through prescription records of patients that they are investigating. They are still acting in accordance with federal law---however the ACLU is challenging this use of administrative subpoenas based on a 4th Amendment Right to Privacy. But for not, the law is supporting the DEA. Here is an article that might interest you: http://www.aclu-or.org/blog/aclu-challenging-dea%E2%80%99s-access-confidential-prescription-records-without-warrant

But no, it is not legal for the DEA to either blood test you or access your prescription records with a valid subpoena.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

Expert:  LawTalk replied 4 months ago.

Good evening,

This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a very nominal charge I can offer you a private phone conference as opposed to continuing in this question and answer thread which is searchable and viewable by the public.

Please know that I answered your question in good faith, and with the expectation that you would act similarly and rate my service to you. If I have already provided you with the information you asked for and you have no additional questions, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,

Doug

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