Preempting State Law To Protect Patient Privilege

Law360, New York (July 18, 2012, 1:02 PM EDT) -- In the first reported appellate decision of its kind in the country, the Illinois Second District Appellate Court in the Department of Financial and Professional Regulation v. Walgreen Co. (2012 Ill. App. 2d 110452, filed May 29, 2012) affirmed the dismissal of a lawsuit filed by the Illinois Department of Financial and Professional Regulation (IDFPR) against Walgreens when it refused to turn over subpoenaed “reports of medication error” involving three of its employed pharmacists.

Walgreens had previously submitted written objections to the IDFPR which contended that...
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