Practical Travel Safety Issues - TS&S legal forum: What, exactly, can TSOs ask about prescriptions you are carrying?

A friend is traveling with a number of prescription drugs (all legit, of course). It's all pills in small bottles, but she's worried that a TSO will decide she is the big catch for smuggling drugs and quiz her about why she is carrying them. She has no intention of discussing her medical conditions.

Regardless of whether she is paranoid, what, exactly, are the TSOs legally allowed to ask you about the drugs you are carrying? If it escalates to an LEO, what can they ask? The TSOs can't detain you, but I imagine a LEO could make things awfully uncomfortable.

Thanks,
Mike

I've never seen TSA get excited about prescription meds, unless it was a more-than-3-oz. tube of cream or ointment. If they're in the prescription pill containers, shouldn't be a problem. I carry meds in one of those week's-worth carriers (no prescription information at all) and it's never been an issue.

A friend is traveling with a number of prescription drugs (all legit, of course). It's all pills in small bottles, but she's worried that a TSO will decide she is the big catch for smuggling drugs and quiz her about why she is carrying them. She has no intention of discussing her medical conditions.

Regardless of whether she is paranoid, what, exactly, are the TSOs legally allowed to ask you about the drugs you are carrying? If it escalates to an LEO, what can they ask? The TSOs can't detain you, but I imagine a LEO could make things awfully uncomfortable.

Thanks,
Mike

TSO's can't ask her anything. In fact, even prescription (and certain non-prescription) medications that exceed the 3.4 ounce limit are allowed through, providing you declare them as medications. They can't ask anything else about it.

That being said, we all know TSA likes to ignore whatever laws they want. If they do ask her, she should tell them it's none of their business. If they call over a LEO, the most they are allowed to do is check the name on the bottle with their ID. If they match, that's it. Discussion over.


THAT being said, I seriously doubt she will have any issues.

If they do ask her, she should tell them it's none of their business.Or, perhaps less confrontational, a simple "I believe you are not permitted to ask".

But the answer to the question is: nothing, nothing at all.

It is a free country and a TSO can ask whatever he wants. By rule, substances claimed as medical necessity must be permitted, though they are subject to test for explosives, especially if over the 3-1-1 rule. You should say "medical necessity" and nothing else to a TSO on that topic.

If a TSO suspects illegal drugs he will refer you to the police.

deleted quote of deleted post

I have a feeling it's more about being stuck in a Kafka-esque airport experience that will keep her hung up for hours than actually being arrested, but it shouldn't be an issue at all. Truthfully, I don't think she has anything to worry about, but better to be prepared, just in case.

Mike

or practical comments etc. Further insults and nastiness will result in ....further action.

thanks

squeakr
co Mod TS/S

Nothing. It's a violation of HIPPA to ask.

Nothing. It's a violation of HIPPA to ask.

As this is the practical advice side, it is not practical to hope that in every situation the screener will know or adhere to the law. A traveler should be prepared to experience a situation in which the screening process is slowed due to a situation in which an applicable law is ignored or a breech of the law of which the screener may be unaware.

As this is the practical advice side, it is not practical to hope that in every situation the screener will know or adhere to the law. A traveler should be prepared to experience a situation in which the screening process is slowed due to a situation in which an applicable law is ignored or a breech of the law of which the screener may be unaware.Which sadly is the case as many* TSO's either ignore the law or are ignorant of it but think they are doctors or other certified medical professionals :rolleyes:

*not all ^ but many :td:

Which sadly is the case as many* TSO's either ignore the law or are ignorant of it but think they are doctors or other certified medical professionals :rolleyes:

*not all ^ but many :td:

If we "the passengers" ignore the law. We do get punished and yelled at.

If TSA ignore the law. We have blogger Bob or some other high rank TSA defending their action.

I also thought it is illegal to practise medicne without a lisence.

Nothing. It's a violation of HIPPA to ask.
HIPAA is not applicable here because the TSA is not a covered entity under the HIPAA regulations. Covered entities are medical providers, payers (insurers) and electronic data clearinghouses along with their business associates.

Nothing. It's a violation of HIPPA to ask.

Huh? HIPPA pertains to the disclosure of protected info by those who have an actual need for it. It says nothing about others asking medical questions.

Just ask the drone if he/she is licensed to practice medicine in that state. I only discuss my medications with my doctor.

That said, I've never been asked. Which is just fine with me.

You need to carry the perscription bottle, not a pill case...

I travel with my Doctor, so they can ask her any questions they like she has a DEA License.Number.

"Medication for leprosy"... :D

"Medication for leprosy"... :D

I dunno about the wisdom of saying that - they'd probably deny you access as a health risk, then call for a terminal dump to boot.

Nothing. It's a violation of HIPPA to ask.

LOL. Actually, TSA is not a HIPPA covered agency. Those who think otherwise really should read the law. We are not medical professionals. We can ask whatever we like. The issue with that is if we are doing so as a part of screening then we need to take care that it is screening related. I'm certainly not going to ask you about your dog, unless you are asking us to screen it.

TSO's generally don’t care about prescription drugs. As long as it is in a prescription bottle/jug/tube/whatever with a prescription label then you can bring them, however much you might need. Liquids over the 3.4 ounce limit should be tested, but other than that you can be on your way.

If we "the passengers" ignore the law. We do get punished and yelled at.

Rarely at a TSA checkpoint. People break the law all the time there and very very few are held accountable for it.

If TSA ignore the law. We have blogger Bob or some other high rank TSA defending their action.

Which law is that? Never mind, this forum is for “Practical Advice”, not legal discussions.

I also thought it is illegal to practise medicne without a lisence.

Every state I have been in says so, so I guess you are right. Does that mean that mothers should be prosecuted for dispensing cough syrup to their children when they are sick? Of course not. There are levels, and I am not going to do brain surgery on any of my children simply because I don’t know how. But I can measure out cough medicine and give it to a coughing child just as I can ask if the liquids you are attempting to cross the checkpoint with are medically necessary.

There have been a lot of episodes where TSA have been aksing questions on why the passenger takes medication.

And also question about their illness.

Some passengers have been pocked and touched on sore areas. Asked to take of any band aids or casts.

TSA is not licensed to ask questions about medication or touch a injured area. They are then pretending they are educated to do so.

I doubt very much they are or have a clue what they are doing if they do.

And it is not TSA job to decide if medication is necessary. That is so wrong.

There have been a lot of episodes where TSA have been aksing questions on why the passenger takes medication.

And also question about their illness.

Hmmm, never seen it happen, so I have no first-hand experience. Cant say that it HAS happened, cant say that it HAS NOT. I have heard about people smuggling things in casts, prescription bottles, and shoes though. Imagine what else can be smuggled that way.

Some passengers have been pocked and touched on sore areas. Asked to take of any band aids or casts.

TSA is not licensed to ask questions about medication or touch a injured area. They are then pretending they are educated to do so.

Again, this area is not for political discussions. If a TSO asks you about your meds, be honest, or just don’t answer. They are not breaking any laws by doing so. And checking bandaged areas is security related, a valid area of concern.

I doubt very much they are or have a clue what they are doing if they do.

And it is not TSA job to decide if medication is necessary. That is so wrong.

They do know what they are doing, but the average consumer does not. What we may ask and why usually falls into 2 categories, social or security related. Anything outside of that is a waste of time.

We don’t get to determine if a medication is necessary, the passenger does. We take their word for it. But again, dangerous objects and prohibited items can be hidden in the strangest places, medicine bottles included. Explosives come in many forms, and can be easily disguised to look like something else. Asking about them, well that’s a valid area of inquiry.

Good Lord! Some of the little old ladies with whom I regularly speak on the phone would have a field day! Anyone asking about their medications had better be prepared for at least a 20 minute discourse on their entire medical history, surgeries, symptoms, side-effects, aches, pains, etc. etc. etc. :rolleyes:

Hmmm, never seen it happen, so I have no first-hand experience. Cant say that it HAS happened, cant say that it HAS NOT. I have heard about people smuggling things in casts, prescription bottles, and shoes though. Imagine what else can be smuggled that way.



Again, this area is not for political discussions. If a TSO asks you about your meds, be honest, or just don’t answer. They are not breaking any laws by doing so. And checking bandaged areas is security related, a valid area of concern.



They do know what they are doing, but the average consumer does not. What we may ask and why usually falls into 2 categories, social or security related. Anything outside of that is a waste of time.

We don’t get to determine if a medication is necessary, the passenger does. We take their word for it. But again, dangerous objects and prohibited items can be hidden in the strangest places, medicine bottles included. Explosives come in many forms, and can be easily disguised to look like something else. Asking about them, well that’s a valid area of inquiry.

I dont know why you bring up why and what for screening is necessary !

It is how it is done.

A lot of times by being treated like a nobody. Screaming and yelling TSA who has no manners at all.
TSA who threatens to call the police, miss your flight, fine you, all this if you dont do what you are told. And forbid if you ask a question! And if you get upset.

Aa a passenger we have to be prepared to be hit, mouled, chopped, massagen, pocked and the list is long.

This is no fabricated stories. I know of people it has happened to.
Not only that internet is full of them. All filmed and recorded.

It cant even be legal for a TSA, not having the medical knowledge, to ask questions like that. That is so insane and stupid that I have hardly any words for it.

1. Please explain how HIPPA applies to TSO's in this fact pattern. I think that you are actually wrong and that this is bad advice, but stand to be corrected if you can explain.

2. Here is better advice for OP's friend:

A. Rarely, if ever, does do Officers become involved in prescription medication issues unless those medications are liquids, creams or gels which would be subect to the 100 ml. limit if they were not prescription drugs. Therefore, if all OP's friend has are pills, this entire matter is a non-issue. OP would be wise to travel with the pills in their labeled prescription bottles and to carry a copy of the prescriptions themselves.

B. If some of the drugs are in liquid, gel or cream form, the theoretical rule is that they should be pulled out of the carry-on and separately placed in a bin ("declared") as they go through the X-Ray. Again, best to have copies of the prescriptions handy, but about a 99.5% chance OP's friend won't be asked for them.

C. I don't even bother to pull prescription drugs out of my carry-on and nobody has said anything to me for over 2 years. Doesn't mean an Officer won't someday, but I'm prepared with my prescriptions if an Officer does.

C. No need to engage in snarky comebacks to an Officer. People get worked up into such a fever that they make their own lives miserable. For what it's worth, HIPPA does not apply to TSA in this situation. If you are going to start throwing legal arguments at an Officer, at least be correct.

Consider what percentage of the traveling public has one or more medical conditions requiring a prescription drug and then stop worrying. OP's friend is likely in the majority of travelers and is working him/herself up over nothing. Better to be concerned about what to do if a meterite lands on the front lawn.

They do know what they are doing, but the average consumer does not. What we may ask and why usually falls into 2 categories, social or security related. Anything outside of that is a waste of time.

We don’t get to determine if a medication is necessary, the passenger does. We take their word for it. But again, dangerous objects and prohibited items can be hidden in the strangest places, medicine bottles included. Explosives come in many forms, and can be easily disguised to look like something else. Asking about them, well that’s a valid area of inquiry.


Actually already the question about the necessity is waste of time.
Can you imagine somebody answering:
No, this is not a necessary medication, but pills to blow up a plane.
or
Actually it is Oxycodone for sale, are you interested?

The REAL honest answer for many people would be:
No, this is not a necessary medication, but I saw a cool commercial about it.
Btw it is not illegal to own, travel with not necessary medications.

Considering, that the screeners are not trained/prepared to identify medicines/pills, the only option should be to call a LEO, in case a screener see something suspicious.

"Medication for leprosy"... :D

Or perhaps: "It's to control my paranoid schizophrenia. If you want, I can tell you the name and you can ask your own psychiatrist for a prescription."

You need to carry the perscription bottle, not a pill case...

While this may be a practical solution, I do not believe this is true in the US. You are required to have a valid prescription for controlled medication; you are not required to prove that you have one to a TSO.

As far as my understanding of it goes, solid prescription medication should not be dealt with in any special manner (e.g. removed from luggage or your pocket). Liquids, if less than 3.4 fluid oz, may be placed in your freedom baggie and sent through.

If over 3.4 fl oz and/or not placed in the baggie, they must be declared to a TSO prior to the baggage screening. The only declaration necessary is to stated this is a medically necessary item. The item will be x-rayed, and the TSO may choose to screen the item for explosive chemical residue.

This is true of all medically necessary items and there is no designation for prescription on non-prescription. In practicality, items like special toothpaste may have a hard time getting through without some proof of medical necessity, but this is against the rules.

This is true of all medically necessary items and there is no designation for prescription on non-prescription. In practicality, items like special toothpaste may have a hard time getting through without some proof of medical necessity, but this is against the rules.

Yeah, I was surprised at how little hassle it caused a few weeks ago--I've got severe dietary limitations that leave me with no choice but to carry some of the stuff I need. Carrying the original bottle wasn't sane (too big) and nothing about it would give a hint as to why I need it anyway. Thus I went through the checkpoint with a pint of oil in a bottle with a homemade (but computer printed, it identified the purpose and amount) label. It didn't even get swabbed.

I, too, carry multiple pill bottles. I take two daily prescriptions and one non-prescription med with me. If I'm traveling internationally I always take a few prescription pain pills with me too (have had kidney stones before and heaven forbid I get another while abroad I want to buy time till I can find a suitable physician). All bottles, save the non-prescription, have my name on them. In all the times I've gone through with two or three pill bottles I've never been stopped.

Personally, I'd just say that they're a medical necessity, the reason I take them is between myself and my physician and if that isn't satisfactory they're welcome to call over a LEO who better understands these situations as well as the law. I'd then apologize in advance to the cop for wasting his/her time and explain why they're being bothered with this nonsense...

I have only ever been asked about prescription medications in my carry on once. Occasionally I carry injectable meds. Once, when finding syringes during a bag check, the TSAer asked if I had the medication that syringes were for. I pulled it out of the bag and held it up. That was fine, she didn't ask what the medication was or take it out of my hand.

I have only ever been asked about prescription medications in my carry on once. Occasionally I carry injectable meds. Once, when finding syringes during a bag check, the TSAer asked if I had the medication that syringes were for. I pulled it out of the bag and held it up. That was fine, she didn't ask what the medication was or take it out of my hand.

"Yes" would have been easier, but that works as well.

As long as it is in a prescription bottle/jug/tube/whatever with a prescription label then you can bring them, however much you might need. Liquids over the 3.4 ounce limit should be tested, but other than that you can be on your way.

Thanks for the response. But why is it necessary to have the pills in the original container as opposed to a baggie? They don't prevent a threat to security in either case.

Rarely at a TSA checkpoint. People break the law all the time there and very very few are held accountable for it.

True, but that's because DHS has given the TSA such wide latitude.


Consider what percentage of the traveling public has one or more medical conditions requiring a prescription drug and then stop worrying. OP's friend is likely in the majority of travelers and is working him/herself up over nothing. Better to be concerned about what to do if a meterite lands on the front lawn.

True dat. I travel with multiple medications, but the only time I've ever gotten questioned was from a TSO was when we were traveling with our kids and the TSO wanted to know if it was really necessary to carry so much baby food for the kids. I rarely get nasty at the checkpoints, but I almost made an exception...

Mike

1

A. Rarely, if ever, does do Officers become involved in prescription medication issues unless those medications are liquids, creams or gels which would be subect to the 100 ml. limit if they were not prescription drugs. Therefore, if all OP's friend has are pills, this entire matter is a non-issue. OP would be wise to travel with the pills in their labeled prescription bottles and to carry a copy of the prescriptions themselves.

B. If some of the drugs are in liquid, gel or cream form, the theoretical rule is that they should be pulled out of the carry-on and separately placed in a bin ("declared") as they go through the X-Ray. Again, best to have copies of the prescriptions handy, but about a 99.5% chance OP's friend won't be asked for them.

C. I don't even bother to pull prescription drugs out of my carry-on and nobody has said anything to me for over 2 years. Doesn't mean an Officer won't someday, but I'm prepared with my prescriptions if an Officer does.
.

(bolding mine). I'm curious how you do this. Many of my prescriptions are phoned in to the pharmacy directly. Occasionally I get a written prescription to take to the pharmacy - I don't generally stop somewhere and make a copy and, IME, neither the doctor's office nor the pharmacy will give out copies willingly. (On one occasion, the pharmacy very reluctantly gave me a copy with the words 'COPY ONLY -not a valid prescription' hand-written across it). Since then, my pharmacy says the practice is illegal because of the possibility of fraud.

I also don't understand why TSOs or anyone else recommends this, since there have been reports of TSOs refusing to accept letters from doctors because there's no realistic way to determine their validity at the checkpoint (true). That would be equally true about a prescription: can the same TSOs who have no reliable resource for verifying that a NEXUS card is valid ID be expected to tell the difference between a legitimate copy of a prescription from a fake one?

I carry prescription pills with me whenever I fly, and I carry them in one of those "one-week AM/PM" cases which can be split apart by days. I've had screeners pull the case out when doing a bag check, and only one has ever commented. I handled their inquiry by saying, "They're for my BICYCLE! Tourette's Syndrome."

The screener, who'd been dead serious about everything up to that point, busted out laughing and sent me on my way.