The Department of Financial and Professional Regulation (Illinois) v. Walgreen Company
2012 IL App (2d) 110452

The Illinois v. Walgreen case addressed enforcement of administrative subpoenas attempting to require a pharmacy to disclose incident reports documenting medication errors. The state health department subpoenaed pharmacy records that the pharmacy refused to produce relying on the strict confidentiality protections for Patient Safety Work Product (PSWP). The pharmacy (also Walgreen) challenged and was granted court protection for PSWP assembled or developed for reporting to its federally certified patient safety organization. The state agency appealed, claiming that not all of the documents were PSWP; some were not maintained separately from the PSO and needed to be produced. The appeals court affirmed the circuit court’s order protecting the incident reports as PSWP.

CHPSO participated in one of the amicus curiae briefs in this case.