Open AccessPrescription Opioid Forgery: Reporting to Law Enforcement and Protection of Medical Information
Author(s) -
Singh Naileshni,
Fishman Scott,
Rich Ben,
Orlowski Anna
Publication year - 2013
Publication title -
pain medicine
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.893
H-Index - 97
eISSN - 1526-4637
pISSN - 1526-2375
DOI - 10.1111/pme.12062
Subject(s) - medical prescription , confidentiality , health insurance portability and accountability act , law enforcement , medicine , enforcement , legislature , law , business , political science , nursing
Objective To review confidentiality requirements of prescribers who become aware of a forged prescription. Design A case is reviewed in which a prescriber believes that a prescription has been forged. Results The literature and law related to prescription forgery and confidentiality are reviewed. Although prescription forgery is a crime, the prescriber's responsibility for reporting to law enforcement is not clear under current state and federal law. Federal laws and regulations, including the Health Insurance Portability and Accountability Act ( HIPAA ), do not permit prescribers in all circumstances to disclose prescription fraud to law enforcement. Conclusions Under common circumstances, HIPAA may prohibit prescribers from reporting prescription forgery to law enforcement. However, collaborating with a dispensing pharmacist may offer a lawful pathway to reporting prescription forgery. State legislature may consider laws that clarify the reporting responsibilities of prescribers in cases of prescription forgery.