SACRAMENTO - Gov. Arnold Schwarzenegger (R-Calif.) last Friday signed a bill that prohibits the forced implanting of radio frequency devices in order to protect individual privacy rights.

The bill, S.B. 362 by Sen. Joe Simitian, (D-Palo Alto) is called Identification devices: subcutaneous implanting. It is designed to protect individuals from being required, coerced or compelled to undergo RFID implanting. The bill specifies the protection of minors and dependent adults from their guardians or parents as well as employees from their employers. Violation of the bill is considered a civil offense and punishable by a fine of up to $10,000.

RFID tags are being used to identify patients based on their medical records. VeriChip, a supplier of RFID tags, reportedly has supplied tags to 2,000 implanted individuals. Recently the company also launched a two-year trial program with Alzheimer patients. The program has currently implanted 90 Alzheimer patients and caregivers with a RFID tag as part of its Patient Identification Project.

"In general, we are supportive of legislation that outlaws forced implants," said VeriChip. "VeriChip, like any other medical device, should be an election by the patient or his/her loved one/guardian. As long as legislators understand the primary application of VeriChip and the benefits it can provide, we support (in fact we started) the voluntary nature of implantable RFID."

John Halamka MD, chief information officer of CareGroup, agreed with VeriChip. "I believe that RFID is a personal choice and should require an informed voluntary consent, as with every other medical procedure," he said. Halamka was implanted with a RFID tag in 2004. He said. "After using the device for three years, I am not an evangelist for implanted RFID, but I believe it has benefit for some patients who understand the risks and benefits."

Halamka has experienced little side effect with his implant. He did say that occasionally the RFID tag is picked up by security systems, such as those in Best Buy and Home Depot, however he said that the systems can only detect the presence of the tag; it cannot read it.

"I believe that in the near future, patients will own their medical records and be the stewards of their own healthcare data," Halamka added.

Currently Wisconsin, North Dakota and Idaho all have laws that limit RFID use, and other states are considering taking similar measures. The law in California will go into effect Jan 1.