Pot Patients Names & Addresses Released to Tribune

[YurtGirl]

quote:

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Originally posted by Damon

I Doubt the Department of Health would release medical records.



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It is the way... the way it is.

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Damon, are you ready for this one? And I Quote... (see above). You are not the man I thought you were. [][]Kidding a bit, but seriously....

[lostboystoy]

What would stop them from releasing medical records THEY can do whatever they want, they have free REIGN. THEY can do whatever they want (That is the way it is). its time for people to take off their blinders and force gov. change, and until everyone gets pissed off enough to raise their voice, It will only get Worse.

setting my soul free....

[lostboystoy]

Would the tribune, not be putting families lives at risk for robbery and worse, possible murder. if the names and address's were published. Their messing with peoples lives. it would be a shame if someone was physically hurt because of their blatent inhumanitity for the respect of privacy for people. since when is a paper supposed to take a stance period. their job is to report unbiased news. they are not allowed to pass judgment or even have an opinion.

setting my soul free....

[Guest]

So now the State is apologizing to all the medicinal users for releasing their names!

What a screw up!

I'd be pretty pissed off if I was one of those people that had their names released.

"We've taken the necessary steps to make sure that can't happen again," he said.

Asked about any repercussions for the employee who released the data, Propotnick said that "it's under investigation as to exactly what happened."

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Rally For the Plan

[Guest]

Each patient whose name was released, might actually have a case for a federal lawsuit against the Department of Public Safety!

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Rally For the Plan

[Jon]

hmmm can't be a federal lawsuit.... as the having the weed would be against federal law no matter what the Dr. says..... there might be a state based lawsuit...


Transplanted Texan

[Guest]

I dunno Jon... the federal standards stated within here might provide grounds for a lawsuit.

More info here.

If I was a sue happy dude and had a medicinal permit. I'd sure be looking into it.

P.S. Jon... just noticed your signature has changed to transplanted!!! welcome to Puna if you have arrived. Maybe we can go grab a beer or something sometime.
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Rally For the Plan

[Rob L]

It is a medical record, and Federal law prohibits the release of medical records, so it probably could be a Federal suit, the nature of the medication should be irrelivant.

Aloha,
Rob L

[Jon]

why would the DPS have medical records?

and you can file a lawsuit for anything I guess....

as for the beer... I hope to start getting out and about as soon as the Jeep shows up...


Transplanted Texan

[Bob Orts]

The federal law protects medical information and records, but it does not protect information related to criminal activity. That's why reporters can list the name of a person and their prescription medicine that was caught selling it to another person. Marijuana is still illegal under federal law. So Medical Marijuana in HI is protected by Hawaii laws, not federal laws.

In a US District Court ruling that was allowed to stand by the US Supreme Court, Medical marijuana privacy issues falls on state privacy laws and regulations. Because in most cases the issue surrounds some form of STATE license or exemption (while still illegal under federal law) and not medical records, licensing laws prevail.

I would review HRS concerning privacy and licensing issues instead of looking at federal medical records laws. Remember, law enforcement is not included in federal privacy laws unless they have medical "records" not just a certification letter. Another US District Court found that certification letters to obtain a state license for something isn't medical records if it's only asking for the doctor’s "opinion" as to a beneficial impact versus a federal prescription or details of the medical condition.

So I would look at state privacy laws, state licensing laws, the wording of the doctor’s certification to DPS, and if on the application there is a waiver of privacy.