Tampa Drug Lawyer Uncategorized Florida Prescription Drug Records – Subpoena Not Needed

Florida Prescription Drug Records – Subpoena Not Needed

Prescription Drug Defense Attorney Lawyer
Tampa Criminal Defense Attorney notes a recent ruling on Prescription records. A trial court had tossed the records and the State appealed. The appeals court ruled it was error to grant motion to suppress records. The records were obtained from a pharmacy by an investigating law enforcement officer.

The court discusses Florida Statutes section 893.07(4). The law requires pharmacies to make controlled substance records available to law enforcement officers and does not require pharmacies to notify the patient or withhold such records until a warrant is presented.

Notably, the Federal Health Insurance Portability and Accountability Act did not constitute legal basis for suppression of records at issue. Even the privacy provisions of the Florida Constitution did not support suppression of records in this case.

Source: 34 Fla. L. Weekly D2466a

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