Below is the announcement of a lawsuit filed by United for Missouri and residents of St. Charles County regarding the County’s Prescription Drug Monitoring Program (PDMP) known as “The St. Charles County Narcotics Act”.
This Act violates a number of constitutional protections and state statutes. All of us are at risk of having our prescription drug records disclosed to those not authorized to see them including hackers.
If you are able to help us defray the cost of this lawsuit, please consider making a contribution to United for Missouri by clicking here.
Your support is appreciated!
For Immediate Release
Contact: Carl Bearden, Executive Director
Jefferson City, MO – Today, Mr. Dan Rakers, John Doe and United for Missouri filed a challenge of the “St. Charles County Narcotics Control Act” in the 11th Judicial Circuit Court.
“The St. Charles County Narcotics Control Act is an affront to Federal and State constitutional guarantees to privacy and violates a number of sections of state statute.” said Carl Bearden, Executive Director of United for Missouri.
“The fourth amendment to the United States Constitution guarantees and preserves our right to be free from unreasonable searches and seizures” said Bearden. “Our state constitution and state statutes also provide for and are intended to protect individuals from these same attacks on our individual freedoms.”
Dan Rakers, a long time St. Charles County resident said, “It was just three short years ago this month that Missourians overwhelmingly voted 75% to insert in the Missouri Constitution the provision that the protections against unreasonable search and seizures be extended to electronic data and communications. The Act violates the will of the people and that constitutional provision.”
The John Doe plaintiff in the case considers his prescription drug records and the information they reveal about his physical and mental health to be private.
Bearden added, “The system established by the St Charles County Narcotics Control Act presents the opportunity and possibility that persons may access and/or disclose personal prescription drug record information in the monitoring program without a warrant. This is a grave concern for many residents in St. Charles County and across the state of Missouri.”
“We have a number of state statutes that also protect our privacy. State law provides specific protections with respect to prescription drug information. The Act purports to authorize disclosures by the County in violation of state law. In addition, the Act requires the St. Charles County Department of Public Health to obtain and maintain prescription records rendering it a ‘pharmacy’ and putting it in violation of state statutory duties.”
A copy of the filed petition can be found here.
United for Missouri is a grassroots organization committed to educating and mobilizing citizens. Its focus is on limited government, free market economic policy, and the impact of the federal government exceeding its Constitutional limits. United for Missouri promotes policies that prompt growth, opportunity and prosperity.