Legal and Ethical Issues in Data Governance | Do My Homework

Laws of Pharmacy Data in California State

California State has numerous laws that ensure that patients’ data remains private and is not shared with nonconsenting parties. According to the statutory laws in place, pharmacies need to abide by federal and state laws, where they have to protect the private information and confidentiality of their patients. Additionally, pharmacists should never disclose any personal and confidential information without consent unless required by the law. The information obtained in professional practice must only be used for purposes they were shared unless the law says one can (Board of Pharmacy, 2022). To ensure that the laws are bided by all entities there is the California State Board of Pharmacy. The body ensures that all rules, regulations and guidelines governing California pharmaceutical bodies are adhered to.

Among the California laws, there is a section of Controlled Substance Utilization Review and Evaluation System (CURES).  This is a provision of law, which is also well protected, to ensure that data for the patients under this program is safe and cannot be shared to third parties.

Case Law History and Current Status Regarding Pharmacy Data Use in California

The State of California has had governing laws for pharmacies and health institutions for a long time. Nevertheless, there are constant amendments to the laws, given the changing times and the need for aligning some of the laws to the federal state laws. Among the amendment laws in the State was the CURES law, which required all licensed California pharmacists to register to CURES 2.0 by July 1, 2016 (Board of Pharmacy, 2022). This is one of the many laws that have been amended, where there are new rules on maintaining the privacy of the consumers, more so regarding disclosure of confidential information. Currently, pharmacy data is guided by the 2022 Lawbook for Pharmacy, which lists all types of guidelines, including those that entail protecting personal and private data in the field. They also talk about the restrictions in place concerning the maintenance of confidentiality.

Comparison of the Laws of California with another State and the Deferral Laws in Place

The California laws regarding the privacy and confidentiality of consumers and the role of pharmacists and pharmacies across the State are almost similar to those of New York State. This is because they both highlight the need for the privacy of a consumer or a drug prescriber to be respected. They also advocate for the need for pharmacists to ensure that they do not share any information regarding a prescriber of a drug with anyone unless required by the law (New York State Education Department). The two-state laws are also in line with the United States federal laws, known as the Health Insurance Portability and Accountability Act (HIPAA) privacy rules that apply to all pharmacy operations (Figge, 2011). The federal laws state that all protected health information (PHI) must be kept private. According to federal laws, only critical information can be share among the health practitioners. A pharmacist can discuss clinical information with a caregiver or a practitioner who is charge of the patient  (Figge, 2011). Nevertheless, the laws do not allow a pharmacist to discuss protected health information with any other third party who has no treatment or health insurance covering relationship with the patient. However, they could share such information when there is consent from the patient. This law applies to oral, written, and electronic types of communication.

The Individuals Needs and the Needs of Creating New Federal Laws

When creating new federal laws in the pharmaceutical industry, there will be a need to consider the advanced technology and its role in the industry. More people are buying their drugs from online platforms, where they have them delivered to their homes or offices. As much as this has increased efficiency, it has also led to new challenges, including a lot of private data online, likelihood of sharing someone’s medical history and prescriptions, and ease of buying medicine that the doctors do not prescribe. Hence, there is a need for a thorough review of the current laws to ensure that they are amended. They should consider changes to guide the pharmacies and patients.

The Impact of a New Federal Laws

By having a new federal law that guides the pharmacies, there will be more adherence to respect for each patients’ privacy and confidentiality. The laws will also ensure solid stems and structures, which constantly protect the patients’ information from getting shared with external parties without their consent. This will ultimately ensure more protection of one’s rights to privacy and dignity, given that no private information is ever disclosed unless under exceptional circumstances. The new laws will ensure that there is safe practice in the online sector, which is growing at a high speed and clearly needs constant regulation and updates.

 

 

References

Board of Pharmacy. (2022). 2022 LAWBOOK FOR PHARMACY. Retrieved from https://www.pharmacy.ca.gov/laws_regs/lawbook.pdf

Figge, H. L. (2011). HIPAA: Privacy, Security, and Pharmacy Information Technology. Retrieved from https://www.uspharmacist.com/article/hipaa-privacy-security-and-pharmacy-information-technology#:~:text=Pharmacy%20Privacy%20Requirements,%2Dto%2Dday%20pharmacy%20operations.&text=In%20general%2C%20all%20PHI%20must,health%20care%20operations%20and%20payme

New York State Education Department. (n.d.). Education Law ; Article 137, Pharmacy. Retrieved from http://www.op.nysed.gov/prof/pharm/article137.htm

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Legal and Ethical Issues in Data Governance | Do My Homework . (2022, June 26). Essay Writing . Retrieved August 16, 2022, from https://www.essay-writing.com/samples/legal-and-ethical-issues-in-data-governance/
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