Tag Archives: laws

Warrantless searches of medical records

United States Department of Justice v. Michelle Ricco Jonas | ACLU of New Hampshire – May 2019

I’m glad to see someone is standing up for patients against having their medical data available for warrantless DEA searches.

On May 29, 2019, the ACLU of New Hampshire and New Hampshire Medical Society filed a federal court amicus brief to support the State’s defense of patients from warrantless searches of medical records.

Also filed by the national ACLU and four other ACLU affiliates, the brief is part of the federal case U.S. Department of Justice v. Jonas, and explains that not only are these types of unjustified searches unconstitutional, but that they can have adverse consequences and deter patients from receiving needed medical care.    Continue reading

Paraplegic Drug User Victim of Involuntary Commitment

How a Paraplegic Drug User Became a Victim of Involuntary Commitment by Christopher Moraff – Feb 2019

New laws make it easy for anyone accused of having an addiction problem to be committed if they don’t agree to whatever treatment is recommended for them.

Involuntary commitment for people accused of having an addiction and not actively participating in treatment for it is becoming more common as more laws are being passed to make this legal.

Barely a day passes on my beat without my meeting someone with a harrowing story about the impact of zero-tolerance drug policies on their lives. But few of these stories have impacted me personally as much as that of a young man I’ll call “Jay.”

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Use of Big Data to Investigate Doctors

Authorities’ Use of Big Data May Harm—or Help—Your Chances of Investigation – By Efrem M. Grail – September 12, 2018

A former prosecutor and current defense lawyer shares strategies to help protect your practice.

This is what it has come to: lawyers are advising doctors how to practice medicine without ending up in jail.

As pain practitioners well know, two recent developments – one federal, one state – have combined to increase the risk of providers being investigated for prescribing opioids for their patients.   Continue reading

Involuntary Commitment for Substance Use

Laws Authorizing Involuntary Commitment for Substance UseThe Policy Surveillance Program, Temple University Beasley School of Law – Updated through Mar 2018

The opioid crisis has spurred states to adopt new policies relating to involuntary commitment of individuals for substance use [just use, not only abuse] and addiction.

This dataset details these laws along a number of key parameters to assist researchers, policymakers, members of the media, and others in understanding the current landscape of civil commitment policy across the U.S. as it relates to substance use.

I only checked the first criteria: “Is substance use disorder grounds for involuntary commitment under state law?” and here’s the map it displayed, showing 38 states where this is true:  Continue reading