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BMJ Publishing Group

Doctors Outraged At Patriot Act's Potential To Seize Medical Records


Author(s): Jeanne Lenzer
Source: BMJ: British Medical Journal, Vol. 332, No. 7533 (Jan. 14, 2006), p. 69
Published by: BMJ Publishing Group
Stable URL: http://www.jstor.org/stable/25455841
Accessed: 10/10/2010 05:40

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News

Doctors at Patriot Act's


outraged
potential to seize medical records
Jeanne Lenzer New York

US doctors across the political to renew the act He


ing Congress
are at a pro said, "We're still under threat,
spectrum protesting
vision in the Patriot Act that there's still an enemy that wants to
allows the government to seize harm us, and they understand the

patients' medical records without Patriot Act is an important tool


a cause or a warrant. for those of us here in the execu
probable
The act doctors from tive branch to use to protect our
prohibits
telling anyone, including the fellow citizens."
that their sensitive medi The inclusion of medical House
patient, judiciary chairman, James Sensenbrenner (centre), at a news
cal records have been seized. records was a conference on the Patriot Act with homeland committee
highlighted by security
Doctors who violate the gagging reporter, Joy Buchanan from the chairman Peter King (left) and the attorney general, Alberto Gonzales
order can be fined and prosecut
Daily Press in Newport News, Vir
ed for obstruction of justice. to a clause
ginia, who was alerted
The Association of American in one medical centres' brochure often a in Dan
single paragraph Congressman Lungren
Physicians and Surgeons (a lib for patients on documents several of California defended the pro
privacy. pages long,
ertarian group based in Tucson, The brochure stated that the which are to vision the seizure of
given patients allowing
Arizona) and the American Civil centre disclose medical before see a doctor. medical records. He said itmight
"may they
Liberties Union, which has many information about you to auth Michael Williams, associate be to know if, for
important
doctor members, have in orised federal officiais so of neurology and neu someone connected to
joined they professor example,
a coalition, called to Patriots may without limitation (i)provide rosurgery at
Johns Hopkins Uni an international terrorist organi
Restore Checks and Balances, to to the President, other Baltimore, said most sation an anthrax vac
protection versity, sought
urge Congress to amend Section authorised or in the United States don't cine. He said the
persons foreign people government
215 of the act. The heads of state or conduct seem to know about Section 215. couldn't afford to be limited
provision, special by
which came to or (ii) conduct law "I only found out about it in the need for cause."
only recen?y investigations, "probable
light, allows the Federal Bureau ful intelligence, counter-intelli June 2005 at a
meeting of the There is an "essential differ
of Investigation (FBI) to get a gence, or other national American Medical Association. ence," he said, "between a crimi
security
secret court order to seize activities authorised law." If knew about
"any by patients this, I nal investigation to prove who
tangible things," including medi Ms Buchanan reported the think they would be bothered? committed a crime after it's
cal student or work in the Daily Press on 29 or I
records, story hope they would be," he occurred and the need to pre
records, and even December (sect A: 1). said. "If our records can be vent terrorist attacks."
library
records. Coalition members say seized with no then executive direc
Subsequent investigations safeguards Jane Orient,
that medical records are have shown that all we're all in trouble." tor of the Association of Ameri
unlikely virtually
to useful information medical centres have Duane chairman of the can and
provide incorporat Cady, Physicians Surgeons,
about terrorists. ed the same or similar board of the American Medical warned, "This war against terror
language
The act, passed in the wake of in their brochures. Under the Association, said that the associa ism is a totally open ended affair,
the 11 September 2001 terrorist Health Insurance Portability and tion adopted a new in June and the definition of terrorism is
policy
the government a must to
attacks, gives Accounting Act, patients 2005 "calling for modifications [overly] broad." D
broad range of rights to monitor be told that their records are the Patriot Act to protect
pri patient
US citizens and is set to on vate and about any exceptions to and minimise See www.aclu.org/privacy/
expire confidentiality legal
3 February. President Bush is urg that rule. The statements are for physicians." medical/ 15222res20030530.html.
liability

UK drug companies must disclose Audit, said, "Links with


are now considered
patient
such
received
income
a

("less
small
than
amount
0.1 per cent")
of its
groups

funding of patients' groups


a tool and such from the drug but that
major marketing industry
an of competing it was declared.
integral way
Michael London with the competition, I doubt the Simon Williams, director of
Day
industry will voluntarily alter at the Patients Associa
policy
too much." tion, said: "Some
things groups simply
Drug companies must make of the code was However, the couldn't survive without
prompted partly Harry Cayton, money
public their involvement with the severe criticism the indus national director from the pharmaceutical indus
by government's
under try received in the for patients and the public, wel
patients' advocacy groups, parliamentary try, but transparency is vitally
a revised code of prac health select committee's comed the revised code of prac and not in terms
industry report important only
tice introduced in the United on the influence of tice?and he also called on of drug If a
drug compa company funding.
Kingdom this month. nies, published in April last year. to show a from another
patients' organisations group gets money
From 1 firms are A for the associa similar level of transparency.
January spokesman source, say the government, that
to name all tion said: "This is designed to He said, "I welcome this should be declared too. We
expected patients'
organisations that receive their ensure that the move?and I would make it clear on our
industry's urge publications
financial support. must involvement with to be as and annual of any fund
They patient
groups patients' groups equally reports
also set out details of such rela is It's The charitable sector we receive." D
completely transparent. upfront. ing
tionships and any pro now up to the sector does need to raise its game."
funding voluntary
vided, say the new rules of the to do their Mr said that to the code are listed
part." Cayton during Key changes
Association of the British Phar Charles Medawar, who runs his time as chief executive of the at www.abpi.org.uk/press/
maceutical The the Social Alzheimer's the
Industry. update campaign group Society group press_releases_05/051116b.asp.

BMJ VOLUME 332 14JANUARY 2006 bmj.com 69

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