Indiana AG Files Charges against Pharmacies and Pharmacists for Leaving Personal Prescription Information Unguarded

Sanctions Sought Against 28 Licensees

September 20, 2007 -- TERRE HAUTE, IN – Fourteen pharmacies and 14 pharmacists will face the Indiana Board of Pharmacy for jeopardizing customer’s personal prescription information Indiana Attorney General Steve Carter announced today.

Carter has filed charges against the 28 pharmacies and individuals seeking sanctions against their license.

“Implementing and maintaining safeguards against theft is a part of doing business as a licensed pharmacist. Private health care information shouldn’t be left in areas that can be compromised by permitting unauthorized people to take or look at,” Carter said. “Companies must be held responsible for placing their customers at risk, of not just identity theft but also from other kinds of fraud that could be perpetrated from having access to such personal information.”

The pharmacies and pharmacists are charged for violating patient privacy by the improper disposal of private health information. The administrative complaint seeking discipline against the licenses state:

“Pharmacy staff carelessly included private health information with general trash rather than destroy this protected information in a manner designed to properly safeguard patients’ privacy.”

The information found in the trash containers included information such as: patients’ names, addresses, prescribed medications, prescriptions, prescription bottles – including labels which could easily be used by third parties to identify and locate persons with controlled substances in their possession.

The State is alleging a violation of Indiana Code 856 IAC 2-3-30 (a): All applicants and registrants shall provide and maintain effective controls and procedures to guard against theft and diversion of controlled substances.

The administrative complaints seek sanctions against several CVS and Walgreen Co., pharmacies, Tucker Pharmacy, Inc., and Low Cost Rx, Inc., all of Central Indiana. More filings are expected by the end of the week.

“Licensed health care providers across the state must be keenly aware of how they and their employees are disposing of records for the sake of their customers,” Carter added.

The Indiana Board of Pharmacy will determine when the cases will be heard and what, if any sanctions will be imposed.

Source: Indiana Attorney General

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