Can a pharmacist use protected health information to fill a prescription that was telephoned in by a patient's physician without the patient's written consent if the patient is a new patient to the pharmacy?

Answer:

Yes. The pharmacist is using the protected health information for treatment purposes, and the HIPAA Privacy Rule does not require covered entities to obtain an individual’s consent prior to using or disclosing protected health information about him or her for treatment, payment, or health care operations.

Date Created: 12/19/2002