Dear Member of Congress,
We, the undersigned organizations representing millions of Americans, urge you to oppose the National All Schedules Prescription Electronic Reporting Act of 2005 (NASPER). The National All Schedules Prescription Electronic Reporting Act of 2005 is an attempt by the Federal government to 'deal' with so-called doctor shopping. This bill gives states grant money to create scheduled drug-tracking databases. As a condition of obtaining federal funding, the bill requires the states to establish programs requiring pharmacists to report the "name, address, and telephone number" of any individual who receives any controlled substance, as well as information on the prescribing doctor and the amount and type of prescription.
Although prescription drug monitoring programs have been shown to chill prescribing for medical needs, that has not stopped this federal effort. With up to 50 million Americans in untreated pain, government monitoring would be irresponsible, counterproductive and immoral. Research also shows that illicit prescription drugs available on the street, which are used both recreationally and for pain management by those who cannot find 'legal' sources for the medicines they need to deal with their pain, come primarily from importation and theft. Doctor's offices are for the most part not the source.
The bill would appear to violate the right to medical informational privacy of principally lawful citizens. As is now well-established, Justice Brandeis famously observed that "[t]he makers of the Constitution ... conferred, as against the government, the right to be let alone - the most comprehensive of rights and the right most valued by civilized men." Olmstead v. United States, 48 S. Ct. 564, 572 (1928) (Brandeis, J., dissenting).
NASPER would also appear to violate the Fourth Amendment prohibition against unreasonable searches and seizures. The bill permits the State monitoring programs to notify State drug enforcement authorities if the information reported to the database indicates an unlawful diversion or misuse of a controlled substance. This is without a court order or patient consent. It further authorizes the State monitoring program to furnish information from the database to "any local, State, or Federal law enforcement, narcotics control, licensure, disciplinary, or program authority , who certifies" that the requested information is needed for an investigation. This too is without probable cause or obtaining a search warrant.
NASPER further implicates the Fifth Amendment in compelling patients to incriminate themselves to the extent they are accused of using "too much" pain relief in the eyes of the law. The unjustified seizure of Rush Limbaugh’s medical records has illustrated how far the government will go in fishing for self-incriminating evidence against a high-profile patient.
NASPER violates the ideas of federalism, the Fourth and Fifth Amendment and patient privacy. Therefore, we urge you to oppose it.
Sincerely,
American Conservative Union
Free Congress Foundation
Association of American Physicians and Surgeons
Private Citizen, Inc.
Fairfax County Privacy Council
The Natural Solutions Foundation
American Policy Center
Cyber Privacy Project
Center for Cognitive Liberty and Ethics
Clinical Social Work Federation
Republican Liberty Caucus
The Center for Democracy & Technology
Pain Relief Network
National Coalition of Mental Health Professionals and Consumers, Inc.
Clinical Social Work Federation
US Bill of Rights Foundation
The Rutherford Institute
