# Hipaa/privacy violation by pharmacist? **URL:** \ **Category:** Factual Questions\ **Created:** [September 30, 2009, 2:45am UTC](https://boards.straightdope.com/t/hipaa-privacy-violation-by-pharmacist/512063 "2009-09-30T02:45:13Z")\ **Posts on this page:** 11\ **Page:** 3
**Author:** ![crazyjoe](https://avatars.discourse-cdn.com/v4/letter/c/f14d63/32.png) [@crazyjoe](https://boards.straightdope.com/u/crazyjoe)\ **Post date:** [October 2, 2009, 8:09pm UTC](https://boards.straightdope.com/t/hipaa-privacy-violation-by-pharmacist/512063/41 "2009-10-02T20:09:56Z")
> [@Ferret\_Herder](#): > > Listen, I’m not saying “go **Hazel** , get him arrested!” That’s especially since it wasn’t correct, but he really did toss out a serious monkey wrench of a statement there. I don’t blame her at all if she pulls her prescriptions from that site and/or has a talk with him. Besides, since it’s a significant time later, doing more may be tough - that pharmacist may not even remember his oversharing moment. > > As a healthcare worker, I’m going to try to not share any information about patients that may show the appearance of being improper under the law, regardless of how I got it, because I don’t want to cause any trouble or make myself look bad. However it happened that this pharmacist got that impression (even though he doesn’t know **Hazel** on a social basis, or her mom), you can see how this looks Really Bad ™. > > Besides, pregnancy gossip has its own issues - even if it was real and there wasn’t a separation going on, some people don’t want to tell the whole world that they’re trying to get pregnant/are pregnant/whatever right away. If it’s not abundantly clear, I ask friends who talk to me about this if they’re being open about the news yet or no. I’m 100% in agreement that it was stupid, and I am not surprised that he would lose Hazel as a customer. I just don’t think it was as clear-cut a HIPAA violation as some people think. I agree with everything you just said…I don’t fault Hazel at all for taking her scripts elsewhere. I might consider the same, if my CVS wasn’t a short walk from my house…but I tend to be a bit more laid back and I don’t have all the stresses that Hazel has right now, either. ---
**Author:** ![astro](https://avatars.discourse-cdn.com/v4/letter/a/9dc877/32.png) [@astro](https://boards.straightdope.com/u/astro)\ **Post date:** [October 4, 2009, 12:55am UTC](https://boards.straightdope.com/t/hipaa-privacy-violation-by-pharmacist/512063/42 "2009-10-04T00:55:39Z")
> [@Turble](#): > > Since your are not trying to get pregnant, never told him you are trying to get pregnant, and the drugs you buy there have nothing to do with trying to get pregnant, I suspect the pharmacist confused your mom with someone else even though he got your name right. > > Seems to me asking him about it would be the best way to handle the situation; a simple “What were you thinking when you asked my mom if I was still trying to get pregnant?” He sounds like a friendly sort … save the nuclear option for another day. Per Turble’s note that absolutely NOTHING in your professional interaction with him would make him think you are trying to get pregnant, it is likely he simply confused you with another customer. If you see hundreds of customers a day or several hundred a week unless you have an photographic memory it’s going to happen. Beyond this if he confused you with another customer you have absolutely no way of knowing what the genesis of the inquiry was. Pharmacists have lives and are often quite involved in their communities. They are not pill dispensing automatons regardless of much you would like them to be. Is it something his wife said the woman he confused you with was discussing in great detail at a party… or what? You have no idea. So instead of surmising he has confused you with someone else, you have given free reign your anxiety about your personal situation and are now seeking to go on the warpath to punish him for making a inquiry of your mother when you have no notion whatsoever of the origin of the information that led to the inquiry. Instead of winding yourself into some absurd litigious fury potentially based on an innocent case of mistaken identity you should simply have a non-confrontational talk with him asking him why he asked the question and that it’s potentially very embarrassing for you for him to make these inquiries of your relatives when you are, in fact, not trying to get pregnant. See what he has to say. If he was blabbing about you based on your prescriptions or other personal medical data (ie no mistaken ID) go to war, but be a reasonable person and talk with him before you do this. ---
**Author:** ![Hazle\_Weatherfield](https://avatars.discourse-cdn.com/v4/letter/h/e9bcb4/32.png) [@Hazle\_Weatherfield](https://boards.straightdope.com/u/Hazle_Weatherfield)\ **Post date:** [October 4, 2009, 2:25am UTC](https://boards.straightdope.com/t/hipaa-privacy-violation-by-pharmacist/512063/43 "2009-10-04T02:25:18Z")
> [@astro](#): > > Per Turble’s note that absolutely NOTHING in your professional interaction with him would make him think you are trying to get pregnant, it is likely he simply confused you with another customer. If you see hundreds of customers a day or several hundred a week unless you have an photographic memory it’s going to happen. > > Beyond this if he confused you with another customer you have absolutely no way of knowing what the genesis of the inquiry was. Pharmacists have lives and are often quite involved in their communities. They are not pill dispensing automatons regardless of much you would like them to be. Is it something his wife said the woman he confused you with was discussing in great detail at a party… or what? You have no idea. > > So instead of surmising he has confused you with someone else, you have given free reign your anxiety about your personal situation and are now seeking to go on the warpath to punish him for making a inquiry of your mother when you have no notion whatsoever of the origin of the information that led to the inquiry. > > Instead of winding yourself into some absurd litigious fury potentially based on an innocent case of mistaken identity you should simply have a non-confrontational talk with him asking him why he asked the question and that it’s potentially very embarrassing for you for him to make these inquiries of your relatives when you are, in fact, not trying to get pregnant. > > See what he has to say. If he was blabbing about you based on your prescriptions or other personal medical data (ie no mistaken ID) go to war, but be a reasonable person and talk with him before you do this. Wow, settle down! Here’s what I posted recently: Originally Posted by Hazle Weatherfield Thanks for all of the great replies! I’m definitely not looking to throw the guy under the bus, I just want to make sure he knows why I won’t be coming back and to make him aware of his indiscretion. I am positive that it was just thoughtlessness on his part, but he needs to know that it wasn’t acceptable. He is quite a decent fellow… No, I don’t see him as a pill dispensing automaton (or as a chum, for that matter,) nor do I see any of my other medical professionals as such; I do however, expect privacy and discretion. Those are two major components of their jobs! ---
**Author:** ![astro](https://avatars.discourse-cdn.com/v4/letter/a/9dc877/32.png) [@astro](https://boards.straightdope.com/u/astro)\ **Post date:** [October 4, 2009, 4:02am UTC](https://boards.straightdope.com/t/hipaa-privacy-violation-by-pharmacist/512063/44 "2009-10-04T04:02:23Z")
> [@Hazle\_Weatherfield](#): > > Wow, settle down! > > Here’s what I posted recently: > > Originally Posted by Hazle Weatherfield > Thanks for all of the great replies! I’m definitely not looking to throw the guy under the bus, I just want to make sure he knows why I won’t be coming back and to make him aware of his indiscretion. I am positive that it was just thoughtlessness on his part, but he needs to know that it wasn’t acceptable. He is quite a decent fellow… > > No, I don’t see him as a pill dispensing automaton (or as a chum, for that matter,) nor do I see any of my other medical professionals as such; I do however, expect privacy and discretion. Those are two major components of their jobs! You seem determined to re-mount the hobby horse of the notion that he violated your privacy when rational consideration of the comment he made makes it probable that it could NOT have come from his professional interaction with you, and is in all likelihood a case of mistaken identity in which case it’s really NOT about you despite the embarrassment you feel. If it’s not about you personally then you really have NO idea at all what the history or the social context of the comment entailed. That you seem determined to leap to various conclusions to pin him like a butterfly as an indiscreet blabbermouth despite all this missing information necessary to reach that determination makes you sound like the customer from hell. ---
**Author:** ![Zoe](https://avatars.discourse-cdn.com/v4/letter/z/a4c791/32.png) [@Zoe](https://boards.straightdope.com/u/Zoe)\ **Post date:** [October 4, 2009, 5:17am UTC](https://boards.straightdope.com/t/hipaa-privacy-violation-by-pharmacist/512063/45 "2009-10-04T05:17:00Z")
This is why the situation needs to be discussed with the person who supervises the pharmacist. That person would be in a position to know what the rules and regulations are and would know why mistakes such as this should never happen to begin with. In a professional setting, the days of folksey discussions about what’s going on in the life of your family are over. The pharmacist is not permitted by law to talk about any customer’s medical health with any other person – not even family members. The pharmacist may give instructions and information about the medication only. My mother is 96. Each time she enters the hospital in another city, I have to get written clearance arranged by my sister to get any information about my mother – even an acknowledgement that she is there. ---
**Author:** ![DSeid](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dseid/32/20194_2.png) [@DSeid](https://boards.straightdope.com/u/DSeid)\ **Post date:** [October 4, 2009, 3:14pm UTC](https://boards.straightdope.com/t/hipaa-privacy-violation-by-pharmacist/512063/46 "2009-10-04T15:14:00Z")
I have a hard enough time with CVS having us sign a form (stating that we had no questions for the pharmacist) which each customer can see the signatures of those who came for med before them. Pharmacists often seem to not be quite so well trained as to how to respect patient privacy. I’d bring it up as much as for any other reason to help educate the pharmacist - who you’ve previously identified as being helpful and caring enough that you recommended them to you Mom and who you have a first name relationship with - how seriously they need to take privacy issues, even things that they might think is just casual conversational chit chat (his being confused about your personal details notwithstanding). Odds are he won’t remember the incident at all - one off hand comment made in the confused spirit of being conversational in the old time family pharmacy kind of way - but he can learn from your expression of displeasure even so. And this told told to my wife under circumstances of her waiting for a medical procedure in which she was commenting on her discomfort at having to overhear details of other patients getting a procedure done while she was waiting … KNOCK KNOCK. WHO’S THERE? HIPPA. HIPPA WHO? I can’t tell you … ---
**Author:** ![Jettboy](https://avatars.discourse-cdn.com/v4/letter/j/85e7bf/32.png) [@Jettboy](https://boards.straightdope.com/u/Jettboy)\ **Post date:** [October 4, 2009, 3:30pm UTC](https://boards.straightdope.com/t/hipaa-privacy-violation-by-pharmacist/512063/47 "2009-10-04T15:30:23Z")
I used to go to a drive-thru CVS pharmacy in South Florida, and they had a big sign stating that _“…converstions with the pharmacist via the drive-thru window microphone MAY BE overheard at the counter by other customers or pharmacy personnel.”_ It seemed like a pretty well written C.Y.A. notification to protect themselves from having confidential medical information made semi-public. It was a lot of fun to say things like, “So, is there a special tool to insert the suppositories, or do I just use a finger?” or “You know, the last time I used this stuff I had a massive erection for 5 hours. Is that typical?” just to see the expressions on the faces of the other customers. Of course, the pharmacist would often ruin the gag by saying, “…but sir, this is an allergy medication.” ---
**Author:** ![Spice\_Weasel](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/spice_weasel/32/5435_2.png) [@Spice\_Weasel](https://boards.straightdope.com/u/Spice_Weasel)\ **Post date:** [October 4, 2009, 6:44pm UTC](https://boards.straightdope.com/t/hipaa-privacy-violation-by-pharmacist/512063/48 "2009-10-04T18:44:40Z")
I just don’t think there’s enough information to make a judgment here. Maybe there was some lady who looks just like your Mom who has chatted him up repeatedly and told him her daughter is trying to get pregnant. Maybe he was following up on that with the wrong person. That has nothing to do, then, with anyone’s personal medical information. When it comes to HIPPA, though, as a provider I try to err on the side of caution. You never known what random person could know some other random person. I’m not sure how the law would react in this case. I’m just saying there are alternative explanations for his behavior that don’t involve him violating medical confidentiality. Best course of action, especially if you like him, is talk it through with him. ---
**Author:** ![Hazle\_Weatherfield](https://avatars.discourse-cdn.com/v4/letter/h/e9bcb4/32.png) [@Hazle\_Weatherfield](https://boards.straightdope.com/u/Hazle_Weatherfield)\ **Post date:** [October 4, 2009, 9:56pm UTC](https://boards.straightdope.com/t/hipaa-privacy-violation-by-pharmacist/512063/49 "2009-10-04T21:56:20Z")
I think I’m being perfectly reasonable and not a customer from hell. I believe I’ve stated several times that I like this guy and would only talk to him about it and not take it to a litigious level. Not sure where people are getting the idea that I’m trying to ruin his career or anything. Knowing me I probably won’t even bring it up and I will continue to use that CVS because that’s just how pathetically non-confrontational I am. So, rest assured… Anyway thanks. (…returns to seat in the back of the class and tries not to make waves…) ---
**Author:** ![Dewey\_Finn](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dewey_finn/32/4222_2.png) [@Dewey\_Finn](https://boards.straightdope.com/u/Dewey_Finn)\ **Post date:** [October 4, 2009, 10:15pm UTC](https://boards.straightdope.com/t/hipaa-privacy-violation-by-pharmacist/512063/50 "2009-10-04T22:15:12Z")
No, I think you should talk to the pharmacist. I’ve been reading this thread and some people seem to think that there was no problem because he was wrong about you wanting to get pregnant. But the point is that he violated a confidence. You don’t need to be confrontational when you talk to him. You could start with something like, “Dude, why did you tell my mom that I’m trying to get pregnant?” My guess is that you won’t even need to bring up that there was a privacy violation, as I’m sure he will realize it immediately (if he hasn’t already done so). ---
**Author:** ![Hazle\_Weatherfield](https://avatars.discourse-cdn.com/v4/letter/h/e9bcb4/32.png) [@Hazle\_Weatherfield](https://boards.straightdope.com/u/Hazle_Weatherfield)\ **Post date:** [October 4, 2009, 11:39pm UTC](https://boards.straightdope.com/t/hipaa-privacy-violation-by-pharmacist/512063/51 "2009-10-04T23:39:02Z")
Thanks, Dewey! That’s what I’ve decided to do. [Previous page](https://boards.straightdope.com/t/hipaa-privacy-violation-by-pharmacist/512063.md?page=2)