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Privaleged Information?


RnJoe
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I would like to know if when stoped or questioned by a Law Enforcement Officer (LEO) do I, as a patient under medical care of a qualified Physician, etc. Have to answer a question with regards to taking any medicine(s). Would not the HIPPA rules protect my Medical privacy. Do I have to answer the Question when duly asked?? Any "legal: types that could respond would be appreciated

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I would like to know if when stoped or questioned by a Law Enforcement Officer (LEO) do I, as a patient under medical care of a qualified Physician, etc. Have to answer a question with regards to taking any medicine(s). Would not the HIPPA rules protect my Medical privacy. Do I have to answer the Question when duly asked?? Any "legal: types that could respond would be appreciated

 

RnJoe,

 

Not a lawyer mind you, but I would think that if pulled over by a LEO when you roll the window down and an impenetrable cloud of blue smoke smelling distinctly of 'skunks' hits the LEO in the face causing him (or her) to stagger backwards coughing and blinking while his (or her) eyes spin wildly in their sockets it might be a good time to keep one's mouth shut and answer ANY question ONLY in the presence of one's lawyer.

 

Again, please remember I am NOT a lawyer and this has in NO way been legal advice of ANY sort.

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RnJoe,

 

Not a lawyer mind you, but I would think that if pulled over by a LEO when you roll the window down and an impenetrable cloud of blue smoke smelling distinctly of 'skunks' hits the LEO in the face causing him (or her) to stagger backwards coughing and blinking while his (or her) eyes spin wildly in their sockets it might be a good time to keep one's mouth shut and answer ANY question ONLY in the presence of one's lawyer.

 

Again, please remember I am NOT a lawyer and this has in NO way been legal advice of ANY sort.

 

:) yep .. the blue cloud might be a problem :)

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Don't say ANYTHING without a lawyer present. If asked for ID I guess you could show your card or paperwork, AND a printed statement asserting your rights to remain silent. I copied something Dr Tarzan posted that he printed up to hand to any officers. He may've gotten it from an Mj site but I think it's worth considering.

 

here's what he posted:

 

I refuse to waive my 5th amendment to remain silent.

 

Do not ask me any questions.

 

I refuse to waive my 6th amendment to an attorney.

 

Do not ask me any questions without my attorney present.

 

I refuse to waive my 4th amendment right to be free from unreasonable searches and seizures.

 

I do not consent to any search or seizures of myself , my home or of any property in my possession.

Do not ask me about my ownership interest in any property.

 

Any statement I make, or alleged consent I give, in response to your questions is hereby made under protest and under duress and in submission to your claim of lawful authority to force me to provide you with information.

 

If I am not presently under arrest or under investigatory detention, please allow me to leave.

 

I would still not say a word without an attorney present so I might remove the line about "any statement I make...." because, as we all know, anything we say can and will be used against us.

 

Sb

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I'm not sure that LEO asking you, the pt, for your own information is a violation. After all, I could ask you for it and not be in violation. Trying to obtain information without your consent is stickier.

 

A chunk of HIPPA

This is a section that covers when pt consent is not required to get information.

 

Hope it helps :)

 

HIPPA doesn't apply to the ID card. (I don't believe)

 

There is no medical information on the ID card.

 

The MMMA itself defines what is confidential as far as the licensing system is concerned.

 

The majority of the information that is kept at the MDCH is identifier information.

 

Names addresses license numbers and social security numbers for:

patients

caregivers

doctors

 

Identifier information for all of those people is confidential.

 

The police are not supposed to have or use this information to hound us.

 

The Michigan Medical Marihuana Act was passed to protect us from the police. It was clearly not passed with the intent of providing police with leads in criminal investigations.

 

Any employee or official of state or local governments that discloses this information is supposed to go to jail.

 

It is one way that our new law is supposed to protect us from those that would abuse the system against us.

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I would like to know if when stoped or questioned by a Law Enforcement Officer (LEO) do I, as a patient under medical care of a qualified Physician, etc. Have to answer a question with regards to taking any medicine(s). Would not the HIPPA rules protect my Medical privacy. Do I have to answer the Question when duly asked?? Any "legal: types that could respond would be appreciated

 

 

It is my understanding (and please feel free to correct me if I am wrong) you always have the 'right to remain silent' when dealing with any LEO.

 

Under the 'Constitution' I believe you do not have to answer ANY questions if you don't wish to in a 'court of law' IF the answers you give might 'incriminate' you.

 

It's a little thing called the Fifth Amendment to the Bill of Rights.

 

And as for HIPPA I agree with Pb, the LEO can ASK you ANY questions he / she wishes to about your meds and it would NOT be illegal. It's what they DO with the 'health care information' that determines whether or not an 'illegal act' under HIPPA has occurred.

 

What you do or don't tell them is totally up to you... and please remember your answers if you do open your mouth MIGHT be affected by the amount of 'medication' you've ingested.

 

But ALWAYS consult a well informed, qualified lawyer when in doubt. It could save your butt a lot of strife and BS.

 

Happy trails.

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