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Nothing is safe from the eye's of the goverment.

Discussion in 'Freedom and Liberty' started by Alpha Dog, Feb 25, 2012.

  1. Alpha Dog

    Alpha Dog survival of the breed

    To me this is going to far when Im on duty and feel like arresting a drug user I don't need no data base I just ride down the street. I can see who is abusing and selling it's called police work, patroling your beat and making contact with the citizens. This goes to far and is a invasion into one's private life and will be used for other purposes such gun control. They find a person to be on a anti-depresant who's to say they wont try and make a person mentally unfit to own.

    February 25, 2012
    Sheriffs database access not likely to survive

    By Mannix Porterfield Register-Herald Reporter The Register-Herald Sat Feb 25, 2012, 12:04 AM EST
    CHARLESTON — For the time being, in Gov. Earl Ray Tomblin’s mammoth anti-drug abuse proposal, sheriffs across West Virginia have access to the Board of Pharmacy’s huge database on prescribed medications.

    That is apt to change come Monday, however, says Sen. Evan Jenkins, D-Cabell.

    Earlier in the week, Jenkins followed an amendment by Sen. Dan Foster, D-Kanawha, opening the door for sheriffs by getting a second change approved in the Senate Judiciary Committee to require deputies show “probable cause” before tapping into the database.

    Jenkins says he anticipates the sheriffs amendment to be removed when the governor’s bill is taken up Monday by Senate Finance Chairman Roman Prezioso, D-Marion.

    “I suspect we will see, in the end, a study resolution that will, over the course of the summer, enable us to craft something that protects patients’ rights and confidentiality, but also gives law enforcement the tools they need to fight this crisis,” Jenkins said.

    Tomblin’s director of public policy, Hallie Mason, has said the administration prefers this issue be taken up in this year’s interims.

    In a related vein, a fresh bill that Jenkins pushed with Sen. Mike Green, D-Raleigh, allows the Boards of Medicine, Osteopathy and Dentistry to initiate disciplinary proceedings, based on pharmacy data.

    Tomblin’s measure provides mechanisms to review the database, establish requirements, analyze the database and identify potential problems.

    “Our database in the past has really been simply reactive,” Jenkins said.

    Jenkins said the new bill clarifies that licensing boards have a role to play in the war against drug abuse.

    Ever since the session opened, the West Virginia Sheriffs Association has lobbied to liberalize the database so they could have access while conducting drug investigations.

    Under the current practice, no one can get inside unless a law enforcement agency has a federally recognized drug task force.

    Raleigh County Sheriff Steve Tanner has often said that access is crucial in a timely manner when pursuing traffickers.

    “This has been an interesting issue this session,” Jenkins said.

    “Sheriffs have understandably been very anxious to try to have access to the database.”

    Jenkins voiced respect for Tanner’s efforts on behalf of sheriffs, saying he understands his concern over the database.

    “He is out there on the front lines, doing what he can and wants to use every toll available,” he said.

    “I am with him on the importance of using the powerful tools we have to fight this epidemic. I applaud his passion.”

    But Jenkins said once police have unlimited access, the entire inventory is open to them, and they operate on an honor system.

    “We can’t let that practice continue,” he said. “It’s simply too risky. I’ve been pushing for a more structured process that can get law enforcement the information they need for legitimate law enforcement reasons while protecting the personal and confidential health information for everyone else.”

    Jenkins said he supports access, but on a limited basis, noting the database contains confidential patient information involving medications considered controlled substances that were prescribed all the way back to 2002.

    “There are over 42 million records in the database,” he said.

    “I believe we ought to be very, very careful. Through this process, I think everybody has learned a lot more about how the database works.”

    Jenkins said unfettered access would let sheriffs pry into 42 million records.

    “The sheriffs are critical in the fight against this prescription drug crisis,” he said.

    “They need information. They need it fast and they should have access to the database. But we also have a right to privacy. One person, using the database the wrong way, could make this information public. That’s unacceptable to me.”

    Jenkins said he wants an improved process in code that is used by other states on how law enforcement agencies get into the database.

    In talks with sheriffs and others in law enforcement, he added, “I think we’re all heading now in the same direction of better access but more proper access to the database.”

    Green said he readily supported SB647 that came out of the Government Organization Committee to expand the powers of the three medical boards.

    “Anything we can to do help combat this epidemic of prescription drug abuse, I think, is a good move in the right direction,” Green added.
  2. fedorthedog

    fedorthedog Monkey++

    Looks Like a HIPPA violation to me.
  3. Alpha Dog

    Alpha Dog survival of the breed

    Thats my way of thinking I meen hell I've had people killed DUI and had to get subpeona to get the records to finish my reports.
    RouteClearance and Cephus like this.
  4. ColtCarbine

    ColtCarbine Monkey+++ Founding Member

    So fear of prescription drug abuse to justify their actions......
    RouteClearance and Alpha Dog like this.
  5. strunk

    strunk Monkey+

    Go to the judge with probable cause, get a warrant, and investigate like an honest cop. These databases have got to go.
  6. Alpha Dog

    Alpha Dog survival of the breed

    I know there are a few but after working the street if you do your job right you should be able to pick them out if you have ever seen night of the living dead. They are the one walking around in a daze with a blank stare, dirty clothes with the stench of death, body odor and urine. When you speak to them they just grunt and groan while drooling on them self.

    Heres a pic I give to my boots as training aid

    How to identify a drug abuser

    Female Male



    My Mother-In-Law

    I dont need no Data Base these examples have worked for 17 years and i have a good arrest and conviction rate. Oh and the one of my Mother-In-Law is a new one taken last week. It is for officer safety (LOL)
  7. strunk

    strunk Monkey+

    They often have that million lira smile.

    RouteClearance, Alpha Dog and Cephus like this.
  8. Alpha Dog

    Alpha Dog survival of the breed

    It just amazes me to see how the goverment is openly walking in the back door to violate everyones privacy. Then they vote for it or against it and we have no say. As if they know whats best for us their job is to manage the country as we the people see fit not manage us the people as they see fit. When is it going to stop or is?
  9. Byte

    Byte Monkey+++

    The government's silliness is nothing without their enforcement arm willingly carrying out that enforcement... Just doing their jobs, after all.

    Keep that in mind.

    Mountainman likes this.
  10. Mountainman

    Mountainman Großes Mitglied Site Supporter+++

    Without knowing it you just described most of the people that voted for Zero and will again this year!
    Alpha Dog and Cephus like this.
  11. Alpha Dog

    Alpha Dog survival of the breed

    Crack don't smoke it's self.
  12. larryinalabama

    larryinalabama Monkey++

    AD you dont have a chance,,,,, mabey the Goovernment can help you with the "mother in law" thing..........YIKES
  13. RouteClearance

    RouteClearance Monkey+++ Site Supporter

    As a worker in the health care industry, this is indeed a major violation of HIPPA, if WV passes this, it will be struck down by the Federal Courts.

    There is very little wiggle room for the interpretation of HIPPA, so for those that are in Law Enforcement who support this bill if it is passed, WV will face some very costly lawsuits.
  14. RouteClearance

    RouteClearance Monkey+++ Site Supporter

    The following info is correct, but as written, this WV bill only states "Probable Cause" instead of "obtaining a court order, warrant, subpena, or summons issued by a judicial officer or grand jury subpena" as stated in the HIPPA law. As I stated above, if this is passed by the state of WV, it will not will not stand in the Federal Courts unless the language of HIPPA is changed by our U.S. CONgress and POTUS, which can verry well happen. (Sarcasm Added).
  15. Alpha Dog

    Alpha Dog survival of the breed

    See that my big thing with this for year I have always had to get a subpeona and thats no big deal if you can show and state the facts you base your cause on. Now this has been in affect for our state police for a couple of years and when the other L.E.O. Depts wanted to have the info this came out. So the DPS has been getting this info at their request. Im all for things to help me do my job and to protect the citizens but I do not agree with this this is another one of those closed doors that has got out to the public.
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