About six or seven states require that schedule II drugs be prescribed pursuant to triplicate prescription forms. The states passed these laws in an attempt to better control the illegal diversion of schedule II drugs by physicians and pharmacists. These prescription forms are issued by the state to prescribers. The pharmacy sends one copy of the prescription to the state, thus raising the issues of patient privacy and confidentiality, which Whalen addresses. With the computer technology available today, multiple copy prescription programs will ultimately be phased out in favor of direct electronic submission of data from the pharmacy to the state. Some states now require that pharmacies transmit all controlled substance prescription information electronically. Thus, the threat to patient privacy and confidentiality is much greater today than it was when Whalen was decided. As you read this case, consider whether controlled substance data reporting systems should be implemented in all states.

Does a reporting system negatively deter physicians from prescribing schedule II drugs when they are necessary, such as in pain management?

Does a reporting system really invade a patient’s right to privacy?

When can a state go too far in collecting information?