HUMBOLDT COUNTY ACTS TO PROTECT MEDICAL MARIJUANA PATIENT/PHYSICIAN PRIVACY

CLMP, 8/24/06

 

After receiving input from the Civil Liberties Monitoring Project, the Humboldt county health department has changed its recordkeeping policy for voluntary medical marijuana ID cards. As of now, the department will not keep any physician information on file and will only keep patient and caregiver information until the state authorizes their ID cards. The state receives only photos and ID card numbers from counties under the program, which was outlined in SB420, and codified in H&S Code 11362.7.  

 

In a letter to county health director Alexandra Wineland, CLMP strongly urged the Humboldt County Health Department to adopt San Francisco's or Santa Cruz's model of destroying patient and caregiver records once their medical needs are verified, in order to protect their privacy. The department has now acted on CLMP's suggestion. 

 

When The California Department of Health Services re-instituted the ID card program on July 18, 2005, it announced it would amend its applications to inform applicants that information provided by them could be used for federal prosecution, an unlikely but still troubling possibility.

 

In August 2005, CDHS issued a Medical Marijuana Program County Handbook, suggesting counties maintain certain records on patients and caregivers who apply for the cards. After protests from San Francisco and Santa Cruz counties, CDHS amended its guidelines, and the October 2005 version of the handbook simply states counties that must "maintain [unspecified] records of identification card programs."

 

Counties need only keep on file a photo, ID number, and expiration date to meet state requirements and to avoid breaches in patient privacy. Under a new section titled "Confidentiality," the updated DHS handbook states, "The administering agency must implement and utilize appropriate procedures and protocols to ensure compliance with all applicable confidentiality and HIPAA laws and regulations."

 

In any case, CLMP does not necessarily recommend patients and caregivers sign up for ID cards. The cards are voluntary, and were not required in Proposition 215. CLMP continues to advocate for the rights of patients and caregivers who chose not to register with the program.

 

As a result of a lawsuit brought by Americans for Safe Access, California Highway Patrol officers must "use sound professional judgment to determine the validity of the person"s medical claim" if presented with a doctor's recommendation instead of an ID card. CHP has acknowledged that it will uphold state and city/county guidelines. By Humboldt county ordinance, law enforcement officials are liable for the costs of marijuana seized illegally.