Jun
I just do not understand my role here
Posted by The *Angriest* Pharmacist as Laws, True Story
I need help here folks. What am I supposed to do in the following situation? I can accept it if I did the wrong thing, but if I was wrong, tell me what I should do in cases like this. If you know, please post a comment and/or a link (if you can find one) outlining some specifics. Wikipedia doesn’t really get into enough depth, and I’d prefer not to read HIPAA in its entirety. Any experts out there?
I got a call today. It was a man that was obviously very angry. Here’s a basic overview of the conversation. My comments are in bold with my thoughts and additions in [brackets].
-=+=-
“I wanted to get some information on Tramadol.”
“Okay…well…” [He cut me off here before I started explaining]
“I found this bottle on my son, and I want to know what the heck he’s taking…”
“How old is your son?” [At this point, my “Whoa-there” mode is on]
“He’s 17.”
Is the prescription in his name, because he has a right to his medical privacy as well.”
“No, it’s not even his bottle.” [Great…]
“Who’s name *is* on the bottle?” [Did *I* fill this??]
“Well, I don’t really want divulge that information over the phone right now…” [Why the hell not? It’s obviously going to be fraudulent. “Over the phone” — Do you think I’m tapped?]
Well, regardless…that person and your son have a right to their medical privacy — regardless of the situation
“Hmm…what can you tell me about the medicine.” [Ugh - I’m thinking I’m in a tight spot here]
“I’ll just tell you this: both Wikipedia and Google can be very good resources when it comes to finding accurate drug information.”
“I don’t have access to a computer or the internet right now, and I need to know this information immediately.” [His voice was agitated, but concerned at this point. I was wondering if maybe the kid had popped a handful and the father was wondering what was going on. I then questioned my liability if THAT were the case. I buckled…]
“What questions do you have?
“This is a painkiller right?” [You don’t hear the word ‘painkiller’ used much anymore - Bad stigma]
Well, first let me say I’m just telling you this information because I have no doubt in my find you would easily find it on the internet. I’m merely saving you the time and trouble. [He gave me a confirmatory “Uh huh” here. I’m not saying that this little schpeal would defer any liability from me if I did break any rules/laws, but it made me feel good inside.] “Anyway, I would not classify this drug as a ‘pain killer’ as much as I would call it an analgesic. But, it is used in the treatment of moderate pain.”
“Is it abusable? How do you abuse it?” [Basically, how much do you take for a buzz?]
“Well, it’s not good medical practice for a healthcare professional to tell anyone how to abuse a medicine, but I’d say overuse and high doses are the culprit.” [Duh, right?]
“Is it like Dilaudid?” [How would someone that knows nothing of Tramadol pull DILAUDID out of the air? It’s like comparing a tricycle to an 18-wheeler.]
“Mmhmm. What would happen if someone took a whole bunch of these?”
“Well, I’d definitely not recommend that at all. This drug increases serotonin. That’s where the euphoria it causes comes from, but that effect also makes it more likely that the person could have a seizure. The high doses also cause nausea. That’s primarily what prevents the abuse of Tramadol.” [I recently read some stuff about Tramadol abuse, so I was pretty familiar with what it does]
“Well alright, you’ve been very helpful.”
No problem. May I make a suggestion? [He said “Sure”] You need to either contact the pharmacy that filled that prescription since it’s not in your son’s name or get rid of that bottle and the medicine all together. Having that in your possession could cause some legal ramifications even though the medicine is not controlled in the USA.”
“Okay thanks alot.”
-=+=-
Interesting, eh?
Perplexing….
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I’ve gotta tell you, I’ve always felt uncomfortable with these situations, even before HIPAA. How do I know that your not the boyfriend rampaging through the medicaine cabinet? The son who wants to know if his Dad’s meds are “good”, etc… With these type of questions anymore I always refer them to call the local poison control number and as an added benifit, it gets rid of the problem of “what if he’s calling because he just downed the bottle?”….
Excellent point! I’ll have to make sure I have the poison control number on hand. I’m sure they have a specific protocol for handling the old “I found this pill/bottle/etc and I wanna know what it is” schpeal.
Thanks for the tip.
I haven’t gone and reviewed HIPAA before posting this, but this is what I think.
The guy’s son was under 17, so if the bottle had the son’s name it you’d be safe. Since it had someone else’s name on it and you didn’t know who that was, you should have been able to answer drug related questions without worry.
I don’t think HIPAA applies to the general public.
List_of_Enid_Blyton’s_books,_1958…
Cirneco dell’Etna L. Dale Mitchell Baseball Park Starry, Starry Night Angelo Zorzi CII Directive Metroid-style game Earth Inc. Guy D. Goff Damian (musician) Gas-Cooled Fast Reactor …
Well since you’ve asked… here’s my opinion. I agree I don’t get soft warm fuzzy’s when the Husband gets those calls. (He’s the Pharm.D. I’m the Admin/Med Tech.) It’s like someone calling and asking how many pills do I have to take to OD. Not going there kiddo– Hell if it were me I’d capture the caller ID and call poison control!
In reality HIPAA doesn’t apply until there’s a name or person attached. Without name it’s simple Drug Information. Proceed at your own risk. With a name it’s a violation, especially if it’s not a child.
as far as i knew as long as the person is under 17 their parents can have access to their medical records. Once they turn 18 and are a legal adult they have the right to privacy and dispensing information even to their parents is a violation of hipaa. since the kid is under 18, it’s not wrong to give parents information.
anyway, it sounds like the guy just wanted to use it himself, who asks HOW to abuse a drug??? shady….
I’m not sure how HIPPA corresponds to the similar legislature here in Canada, but as far as I understand it as long as YOU are not divulging the patients name it is not against any privacy act to give drug information (like you said this info. can be obtained from numerous resources!) As long as the pharmacist doesn’t tell a parent/friend/guardian/whatever that so-and-so patient is on so-and-so drug, it is not a privacy violation.
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