DEA takes Utah to federal court for access to prescription drug database
http://fox13now.com/2016/07/06/dea-takes-utah-to-federal-court-for-access-to-prescription-drug-database/
The question that has to be asked is why isn’t the OFFICE OF CIVIL RIGHTS… which is part of the Dept of Education.. not defending HIPAA when the DEA is out to violate PHI (Personal Health Information) of Utah’s Prescription Monitoring Program ? Could it be.. as some has suggested that the whole Washington DC system is CORRUPT ?
SALT LAKE CITY — The Drug Enforcement Administration is asking a federal judge to enforce subpoenas served on Utah’s Department of Commerce seeking access to the state’s prescription drug database.
In court papers obtained by FOX 13, it appears the state of Utah is resisting the DEA’s attempts.
The DEA revealed in a declaration it is investigating a “licensed medical professional” in the Salt Lake City area. The court filings do not reveal who is under investigation, but the federal agency claims that person has been prescribing a lot of pills to people who turn around and sell them. The DEA claims those people are members of a “criminal organization” with overseas ties.
As part of its investigation into that physician, the DEA served administrative subpoenas on Utah’s Department of Commerce and the Utah Division of Professional Licensing for access to the controlled substance database. The state of Utah has apparently refused to grant federal agents access.
Utah Department of Commerce Executive Director Francine Giani declined to comment to FOX 13 on the subpoenas, referring the matter to the Utah Attorney General’s Office. It also declined to comment, but is expected to reply in court filings by next month.
Access to the controlled substance database recently required a warrant after state lawmakers changed the rules. It followed an incident where Unified Fire Authority firefighters found their records accessed by police looking into missing medications.
Greg Skordas, a criminal defense attorney who represented an accused firefighter in that case, said the problem with the DEA request is it involves more than the specific doctor — it would drag in patients, too.
“Administrative subpoenas are issued based on a very low standard. They’re really just investigative,” he said. “Whereas a warrant requires a higher level of what we call probable cause. You have to go to a judge and say, ‘I have probable cause to believe the information is where I’m looking,’ where an investigative subpoena you go to a judge and say, ‘I’m curious.'”
Skordas said the DEA has tried this same tactic in other states, and said the battle between subpoena and warrant may go beyond federal court in Salt Lake City to appellate level courts to weigh in.
“It’s all going to come to a head probably with the United States Supreme Court or with the circuit courts,” he said.
Filed under: General Problems
‘,”Tammy,” u r correct…The dea will illegally do anything to prove a lie,,I learned this personally when my husband was given a box of Inka Tea,,and this is alll it said on the box,,other then some weird mask,,The dea/government ,,went into our home computer,,took a documents from our home computer that stated,,When testing coca teas/natural coca,,it must be converted to benzoylecgonine for use in gas spectrometers,,Also we had documents that showed all test methods,, the ,”spray test,” will not make benzoylecgonine,when it comes to raw coca leafs,,Furthermore after finding these documents we tested those test methods with coca teas off thee internet,,,Discovered by making a cup of tea hot or cold,,,with a ,”dip stick,” so-called cocaine test,,that dip stick placed in a cup of tea,,,hot or cold,,,popped positive,,,WITH OUT A DROP OF PEEEEE,, which clearly indicates…that thee reagants which are ethanol and acid actually MAKE a positive when it comes to the coca leaf alone,,,not testing for it,,,That the spray test indeed do not turn blue,,,,furthermore when we went to bring our evidence forward to the Administrated Law judge,,,he had the dea,and the Doctor in charge of doing drug testing from the United State government,,there is a exact name for them,,M.R.O. OFFICER,,,,,but the judge threaten my husband w/jail time if he brought his evidence forward!!!..tHIS IS WHEN WE LOST ALL TRUST,FAITH in our government and realized the government is not interested in truth,justice,,,or ethical morals…and will go to any extent to prove or to continue a lie,,even destroy peoples lives,,retirement etc,,,,to continue a lie and thier employment,,,My husband ,”not knowing,” made absolutely no difference to the government,,,unlike Hilary,,
maryw
Govt list of any kind exist for one reason only. It doesn’t take a rocket scientist to tell you if there is a data base they want, they will get it. Either via of legal means or illegal. They WILL get it.
the problem is,,the dea will lie,,no matter what,,,they will fabricate evidence,ie,,pretend offenses,,,there is not 1 shred of truth,honesty od moralaity left in this government,,it is ALLLLL corrupt,,Alll,, liers,,,,on our dime,mary
Allowing them access with an ‘administrative subpoena” IMO violates the 4th, 5th and 14th amendments plus HIPAA because of the access to all the patients of that one particular prescriber. This is ridiculous, if they are so sure this prescriber is writing scripts to people who sell the pills who have “organized crime’ connections, then they should send in Confidential Informents as patients to get the scripts or make the buys on the street instead.
dea is a bunch of losers,,thieves,liers,and corrupt little bastards,,who have willfully committed torture ,genocide,and crimes against humanity!!!!!!!it should be disbanded for its shear corruption and abuse of ,”just powers,” using our tax dollars!!!