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Authors:Joseph M. Hnylka Pages: 337 - 373 Abstract: American Journal of Law & Medicine, Volume 46, Issue 4, Page 337-373, November 2020. “[T]he tissue or embryo is not the primary victim at all. The victims are the parents who have been deprived of the potential to conceive a child together.” Citation: American Journal of Law & Medicine PubDate: 2021-01-08T06:58:19Z DOI: 10.1177/0098858820975530 Issue No:Vol. 46, No. 4 (2021)
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Authors:Ryan Knox Pages: 375 - 411 Abstract: American Journal of Law & Medicine, Volume 46, Issue 4, Page 375-411, November 2020. The opioid crisis is one of the largest public health problems in the history of the United States. Prescription drug monitoring programs (“PDMPs”)—state databases containing the records of all prescriptions for controlled substances written in the state—have emerged as a means to track opioid prescribing and use. While PDMPs are typically used as a tool for physicians to inform their prescribing practices, many states also permit law enforcement to access PDMPs when investigating controlled substance distribution, often without prior judicial approval. Such law enforcement use of PDMPs raises serious questions of patient privacy. The Fourth Amendment protects individuals from unreasonable searches and seizures where they have a reasonable expectation of privacy and has been interpreted to require law enforcement have probable cause and a search warrant before infringing upon an individual’s reasonable expectation of privacy. Several courts have held that patients have no reasonable expectation of privacy, or a severely diminished expectation of privacy, in their prescription drug records held in PDMPs. As support, courts rely on the third-party doctrine because the information is disclosed to physicians and then held by the state; the highly regulated nature of the prescription drug industry; and the statutory framework of the Controlled Substances Act. Such analysis disregards patients’ expectation of privacy in their personal health information, the confidentiality in the physician-patient relationship, and the resulting patient incentives not to seek care. Therefore, this Article argues that law enforcement must have probable cause and a search warrant to access PDMPs because the exceptions to the Fourth Amendment’s probable cause and warrant requirements do not apply. Citation: American Journal of Law & Medicine PubDate: 2021-01-08T06:58:20Z DOI: 10.1177/0098858820975531 Issue No:Vol. 46, No. 4 (2021)
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Authors:Lisa E. Smilan Pages: 413 - 444 Abstract: American Journal of Law & Medicine, Volume 46, Issue 4, Page 413-444, November 2020.
Citation: American Journal of Law & Medicine PubDate: 2021-01-08T06:58:20Z DOI: 10.1177/0098858820975532 Issue No:Vol. 46, No. 4 (2021)
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Authors:Richard R. Rousseau Pages: 446 - 468 Abstract: American Journal of Law & Medicine, Volume 46, Issue 4, Page 446-468, November 2020.
Citation: American Journal of Law & Medicine PubDate: 2021-01-08T06:58:24Z DOI: 10.1177/0098858820975533 Issue No:Vol. 46, No. 4 (2021)
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Authors:Julia Thibault Pages: 470 - 500 Abstract: American Journal of Law & Medicine, Volume 46, Issue 4, Page 470-500, November 2020.
Citation: American Journal of Law & Medicine PubDate: 2021-01-08T06:58:22Z DOI: 10.1177/0098858820975534 Issue No:Vol. 46, No. 4 (2021)
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Authors:Kimberly Flores Pages: 502 - 505 Abstract: American Journal of Law & Medicine, Volume 46, Issue 4, Page 502-505, November 2020.
Citation: American Journal of Law & Medicine PubDate: 2021-01-08T06:58:25Z DOI: 10.1177/0098858820975535 Issue No:Vol. 46, No. 4 (2021)
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Authors:Christina Fuleihan Pages: 507 - 517 Abstract: American Journal of Law & Medicine, Volume 46, Issue 4, Page 507-517, November 2020.
Citation: American Journal of Law & Medicine PubDate: 2021-01-08T06:58:24Z DOI: 10.1177/0098858820975536 Issue No:Vol. 46, No. 4 (2021)
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Authors:Temi Omilabu Pages: 519 - 526 Abstract: American Journal of Law & Medicine, Volume 46, Issue 4, Page 519-526, November 2020.
Citation: American Journal of Law & Medicine PubDate: 2021-01-08T06:58:22Z DOI: 10.1177/0098858820975537 Issue No:Vol. 46, No. 4 (2021)
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Authors:Shabeena Sharak Pages: 528 - 535 Abstract: American Journal of Law & Medicine, Volume 46, Issue 4, Page 528-535, November 2020.
Citation: American Journal of Law & Medicine PubDate: 2021-01-08T06:58:21Z DOI: 10.1177/0098858820975538 Issue No:Vol. 46, No. 4 (2021)
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