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Judges order pharmacy board to respond to subpoena

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A Marion Superior trial court erred in granting the Indiana Board of Pharmacy’s motion to quash a defendant’s subpoena that the board produce a certified copy of “any and all” of his prescription records so he could use the information as defense for the charges of possession of a controlled substance, the Indiana Court of Appeals ruled.  

On interlocutory appeal, the Court of Appeals found that Nicholas Williams waived any physician- or pharmacist-patient privilege outlined in Indiana Code when he requested the records from the pharmacy board. Williams was arrested and charged with possessing the controlled substances methadone and alprazolam. He originally couldn’t recall what doctors had prescribed the drugs, so he asked for the data kept in the pharmacy board’s electronic drug tracking program INSPECT RX. He later could recall the doctor names but not where he filled the prescriptions.

The Indiana Board of Pharmacy cited the confidentiality components of Indiana Code 35-48-7-11.1 to deny Williams’ request and support its motion to quash his request. The COA noted that the statute does not list the patient as someone specifically authorized to receive the information from the INSPECT RX database.

“To the extent that the confidential information in the database might also be considered privileged, by virtue of either the physician-patient privilege or the pharmacist-patient privilege, that privilege inures to the patient, not the Board (or the physician or the pharmacist, for that matter),” wrote Judge Terry Crone in Nicholas Williams v. State of Indiana, No. 49A02-1103-CR-266.

Williams’ request for information from the database amounts to a waiver of any privilege, so the judges found that the three-part test for discoverability – particularity, relevance or materiality and “paramount interest” – applies in this case.

His request was sufficiently particular, the request information is material to his defense, not all of the information requested would be available from his doctors, and the board failed to show a paramount interest in not disclosing the information, ruled the appellate court.

The judges remanded for further proceedings.

 

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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