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Can a local sheriff without a court order or subpoena go to…

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Can a local sheriff without...
Can a local sheriff without a court order or subpoena go to my Pharmacy and get my prescription profile without violating my civil rights. If he did violate my civil rights what's my next recourse
Submitted: 17 days ago.Category: Legal
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4/2/2018
Lawyer: Legal Eagle, Lawyer replied 17 days ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 10,136
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Lawyer: Legal Eagle, Lawyer replied 17 days ago

Thanks for your patience. The answer to your question is no; a sheriff cannot get your pharmacy to get your prescription profile. One of the reasons is because they would need a search warrant, supported by probable cause, to conduct such a search. Without a warrant, then any evidence they obtain would be inadmissible in court.

The second reason is because of HIPPA guidelines.

The Health Insurance Portability and Accountability Act includes a Privacy Rule and is the law that protects people from having their private health care information disclosed without their consent. The Privacy Rule essentially says that “covered entities” (clinics, doctors, dentists, etc.) that are in possession of any health-related information (e.g. tests, medications, diagnosis, etc.) that personally identifies a person (e.g. has their name, address, and SSN, for example) is required to maintain the privacy of that information.

The only exceptions are if the patient authorizes the release of that information, the covered entities are sharing that information to provide for a patient’s care, or if the health information doesn’t personally identify the patient.

If there is a violation, then a person can click here to file a complaint with the Office for Civil Rights (OCR), which is the Department of Health and Human Services’ enforcement arm. Please note that there is no private right to sue for a HIPPA violation; a person must go through OCR to make their complaint.

So, between the 4th Amendment rules and the HIPPA rules, it is unlikely they could receive this stuff. If it has already happened, your recourse is to request that the information be dismissed, you should file a complaint with the sheriff's department or the U.S. Department of Justice, and also with the Dept. of Health and Human Services if the information was turned over.

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Lawyer: Legal Eagle, Lawyer replied 17 days ago

Because I value your input, I would like to know what other questions did you have for me today that I can help you out with:-)?

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Legal Eagle
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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