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''Whalen v. Roe'', 429 U.S. 589 (1977),〔(429 U.S. 589 ) Full text of the opinion courtesy of Findlaw.com.〕 was a case brought before the Supreme Court of the United States. The case involved New York Statutes requiring reporting and storage of information concerning all Schedule II drug prescriptions. Physicians were required to report the name of the prescribing physician; the dispensing pharmacy; the drug and dosage; and the name, address, and age of the patient. This information was then stored by the New York Department of State. A group of patients, several doctors who prescribe such drugs, and two associations of physicians brought suit seeking to enjoin New York State from enforcing the Act. A three-judge panel in New York District Court, 403 F.Supp. 931 (D.C. N.Y. 1975), held the statutes unconstitutional and enjoined enforcement of the contested provisions. On appeal, the Supreme Court, reversed the New York District Court, holding that the statutes were within the state's police power. The Supreme Court held that the state need not show the State action was necessary to solve the identified problem and that there was no basis for assuming that the state security provisions would be improperly administered. The Court dismissed the plaintiff's key concerns, holding that the statutes would not significantly deter patients from seeking necessary medication nor would the statutes impair physicians' right to practice medicine free from unwarranted state interference. == Background and prior history== In 1970, the New York Legislature created a special commission to evaluate the State's drug-control laws and their effectiveness in combating the illegal distribution and use of dangerous, yet legal prescription drugs. The commission found that the existing law was ineffective in preventing the use of stolen or revised prescriptions, in preventing pharmacists from refilling exhausted prescriptions, in preventing drug users from obtaining multiple physicians’ prescriptions, or in preventing doctors from over-prescribing. In 1972, the New York Legislature enacted a statutory scheme to address this problem. These statutes required that physicians write all prescriptions on an official form. This form included the physician’s name, the dispensing pharmacy, the drug and dosage; and the patient’s name, address, and age. A copy of the form was to be forwarded to the New York State Department of Health. There the form would be recorded and the information would be stored for a period of 5 years. Public disclosure of the information was strictly prohibited and the state had certain safeguards in place to secure the data. Challenging the constitutionality of these statutes, a group of patients and doctors brought a cause of action seeking to enjoin the state from enforcing the statutes. The District Court of New York held for the plaintiffs, finding that the statutes invaded the constitutionally protected zone of privacy of the doctor-patient relationship. The District Court enjoined the State from enforcing certain sections of the New York State Controlled Substance Act of 1972, to protect patient identity. The District Court based its ruling on the theory that the State had failed to show a necessity for the patient identification requirement and without a necessity, the State action unconstitutionally invaded personal privacy. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Whalen v. Roe」の詳細全文を読む スポンサード リンク
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