Alabama PDMP Data Request

HIJ Action Lab filed this request with the Department of Public Health of Alabama.
Tracking #

81327-43081403@requests.muckrock.com

Status
Rejected

Communications

From: HIJ Action Lab

To Whom it May Concern,
Northeastern University’s School of Social Justice and Health Equity is interested in the state’s prescription monitoring program, the Prescription Drug Monitoring Program. Specifically, we want to learn more about law enforcement access to the database, the use of an algorithm that produces a risk assessment score to analyze its contents, and the data access and retention rules governing the system. We understand the algorithm was produced by the corporation Appriss Health.

In order to permit the public to understand how the Alabama Department of Public Health Pharmacy Division is using the Prescription Drug Monitoring Program, and how it impacts public health and civil liberties in Alabama, Northeastern University’s Institute on for Health Equity and Social Justice Research Health in Justice Action Lab is making this request under the Alabama Open Records Law § 36-12-40 et seq. for the following records:

4. Any and all research, technical reports, or internal audits that define and/or evaluate the Prescription Drug Monitoring Program effectiveness or performance;

5. Any and all research, technical reports, or internal audits that evaluate the Appriss risk assessment tool’s effectiveness or performance;

8. Any record showing the number of patients in the Prescription Drug Monitoring Program by quarter and year (20XX06-present);

14. Any and all records showing how often law enforcement entities or individuals have requested information or records from the Prescription Drug Monitoring Program, or made electronic queries of the system, including but not limited to what types of information or records have been requested, which agencies have made the requests, the percent of requests that were accepted versus denied, temporal trends, the form of the request (e.g. subpoena, warrant, etc.), and whether the requests were granted or denied.

Because this request involves a matter of public concern and because it is made on behalf of a nonprofit organization, we ask that you waive any fees. ACLUM is a nonprofit §501(c)(3) organization dedicated to the protection of civil rights and liberties for all persons in the Commonwealth of Massachusetts. As the state’s affiliate of the American Civil Liberties Union, ACLUM is part of a nationwide network of advocates dedicated to defending and expanding the civil liberties of all.

If you decide not to waive fees, we request that you permit us to examine, at our election, the responsive documents before deciding which portions to transmit. We prefer the documents in electronic format.
Should you determine that some portion of the documents requested are exempt from disclosure, please release any reasonably segregable portions that are not exempt. In addition, please note the applicable statutory exemption and explain why it applies to the redacted portions. As you know, a custodian of public records shall comply with a request within ten days after receipt.

Thank you for your assistance. We look forward to your response.

Sincerely,

Sarah Seymour

From: Department of Public Health

Dear Ms. Seymour:
The Alabama Department of Public Health has received your request for public records, dated October 6, 2019.

Similar to the laws of several other states, Alabama's Public Records Law, Ala. Code paragraph 36-12-40, limits the right of access to public records to citizens of the State. See McBurney v. Young, 569 U.S. 221, 226 (2013). Because you do not appear to be an Alabama citizen, we are unable to facilitate your request.

Thanks,
Brian Hale
General Counsel
Alabama Department of Public Health, brian.hale@adph.state.al.us

Files

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