07-14-2008, 02:50 AM
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.
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.