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Can a pharmacist use PHI to fill a prescription that was telephoned in by a patients physician without the patients written consent if the patient is a new patient to the pharmacy?

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Can a pharmacist use PHI to fill a prescription that was telephoned in by a patients physician without the patients written consent if the patient is a new patient to the pharmacy?

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

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