tiredbones
Journeyman
Reged: 06/23/03
Posts: 56
Loc: SF county
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When a Pharmacy is raided, I assume they confiscate their client list. Does anyone know if and how they may pursue or may be planning to pursue individuals who have purchased from these people they may prosecute? I'm thinking about these guys in Texas. The sentence they are talking about seems awfully steep.
I certainly do not want to introduce any paranoia, but the business of buying drugs online is a rather new frontier, and the government seems to be pursuing it with greater aggression.
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The healthy animal is up and doing
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digitalone
Reged: 08/18/03
Posts: 181
Loc: USA
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Wouldn't the govt. need a controlled-buy to prosecute anyone in the database? I'm no legal expert, however, I have been in a database that was confiscated by law once - not related to this board or it's rec's. The postal service and LE were attempting a "second" purchase by soliciting the "prespective" (or past client) interested parties of the seized database. Any legal-hawks out there might be able to better explain, as I'm not certainly not. Sorry.
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potatoboy99
Permanent Fixture
Reged: 02/04/03
Posts: 1200
Loc: Deep North (East)
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Very good question, tiredbones. It has never crossed my mind to try ordering under an assumed name, as I don't think I'm doing anything wrong. I suppose in certain instances the government might disagree.
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twistygirl
Stranger
Reged: 10/02/03
Posts: 8
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Hmmmmm..... I would thing that HIPPA laws would protect the pharmacy-patient privilege, but now that we live in an Ashcroft non-democracy, that's something to be seen... I'm a medical worker and those HIPPA confidentiality laws are pretty strict.
That aside, I would think that if you are ordering only for your own personal use and are not selling anything, you should be free and clear.
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Billyl
Board Addict
Reged: 06/14/02
Posts: 389
Loc: NorthEast
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Hippa laws afford no protections for people that are engaged in illegal activities. So if you DD'ed lied about your condition HIPPA will not protect you. In the case of illegal pharmacies there would also be no HIPPA protections.
The DEA or prosecuting enity would maintain and review the list. Now in past cases they have sent letters asking for medical records and in a few cases asked people to testify.
Also I have seen people contacted by defense atty's asking to testify (Nations comes to mind).
Take care. Billylll
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ttrr
Journeyman
Reged: 02/27/03
Posts: 99
Loc: West Coast
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Quote:
Hippa laws afford no protections for people that are engaged in illegal activities. So if you DD'ed lied about your condition HIPPA will not protect you.
But how would they know you did that unless they looked at your records in violation of HIPPA? LE doesn't get to look and then say oh well you broke the law so we can have all these records of yours. No. They have to have a warrant first and probable cause against the patient himself.
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Billyl
Board Addict
Reged: 06/14/02
Posts: 389
Loc: NorthEast
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Very easy to answer the pharmacy they bust has dispensed the drugs in violation of Title 21. Therefore you do not have a valid prescription, they have full unfeathered access at that point. Also even suspicion of such activity by a pharmacy makes it legal for them to review medical records. It's right in the HIPPA act. No warrant is needed the pharmacy has already broken the law by dispensing the medications you as the recipiant are a party no warrant is needed only the warrant for the pharmacy.
Take care. Billylll
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