The New York Legislature passed the New York State Controlled Substances Act of

Question

The New York Legislature passed the New York State Controlled Substances Act of 1971 because of concern about the illegal use of drugs in the state. The act requires that records involving the use of certain prescription drugs be filed by physicians with the New York State Department of Health. These records are kept on computers and include the name and address of patients using the drugs. The concern of the physicians and patients who were plaintiffs was that patients in need of treatment with these drugs would decline treatment for fear of being labeled drug addicts. Was the collection of these records by the state a violation of the patients'Fourteenth Amendment rights?

Explanation / Answer

The fourteenth amendment rights by US addresses the rights of citizens. It's section 1 describes the personal right for privacy.

Section 1 - All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

The right of privacy has evolved to protect the ability of individuals to determine what sort of information about themselves is collected, and how that information is used.

So, according to this, the record of patient details saved in computer who were used these drugs with the prescription of physicians would be a violation of this law. The illegal uses of such drugs are to be recorded instead.

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