New Mexico PDMP Data Request

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 New Mexico Prescription 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 New Mexico Board of Pharmacy is using the New Mexico Prescription Monitoring Program and how it impacts public health and civil liberties in New Mexico, Northeastern University’s Health in Justice Action Lab is making this request under the New Mexico Inspection of Public Records Act , 14-2-1 NMSA 1978 et seq., for the following records:

1. Any and all records reflecting an agreement for purchase, acquisition, or licensing of, or permission to use, test, or evaluate Appriss’s systems or services, including any product or service offered;

2. Any and all memoranda of understanding between the New Mexico Board of Pharmacy and any outside entity regarding the New Mexico Prescription Monitoring Program;

3. Any and all records including information about the algorithm that determines risk scores in the New Mexico Prescription Monitoring Program, including but not limited to its source code, developer documentation, and operator manuals (e.g. Narx Score, Overdose Risk Score)

4. Any and all research, technical reports, or internal audits that define and/or evaluate the New Mexico Prescription 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;

6. Any document containing a full list of the data fields in the New Mexico Prescription Monitoring Program;

7. Any and all records of de-identified red flag algorithm outputs (e.g. provider red flag, pharmacy red flag, 40 MED red flag) and patient behavioral red flags (e.g., anxious patient demeanor, distance between prescriber and dispenser) with prescriber/dispenser training documentation on how to address the red flags;

8. Any record showing the number of patients in the New Mexico Prescription Monitoring Program by quarter and year (2006-present);

9. Any record showing the number of prescribers and pharmacists in the New Mexico Prescription Monitoring Program by quarter and year (2006-present);

10. Any and all records containing New Mexico Board of Pharmacy analysis of whether and/or how the New Mexico Prescription Monitoring Program has impacted public health in New Mexico (e.g. decrease or increase in overdose rates, “doctor shopping,” prescribing volume, etc.) over time;

11. Any and all records 2006-present of notification to law enforcement about information in the New Mexico Prescription Monitoring Program Medical Review Group or other channels, including but not limited to how many times law enforcement agencies have been notified about information in the New Mexico Prescription Monitoring Program, and which agencies have been notified;

12. Any and all internal policy, memoranda, and/or training documentation describing how entities outside of New Mexico Board of Pharmacy, including law enforcement, may obtain access to information in the New Mexico Prescription Monitoring Program, including but not limited to the rules, regulations, and procedures of the Medical Review Group;

13. The legal authorization for sharing New Mexico Prescription Monitoring Program information with the law enforcement entities; and

14. Any and all records showing how often law enforcement entities or individuals have requested information or records from the New Mexico Prescription 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. 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 15 days after receipt.

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

Sincerely,
Sarah Seymour

Hi Victoria,

Should we direct the payment by check to address you have listed on this correspondence? Let me know and thank you.

Best,

HIJ Action Lab

Hi Victoria,

I will be able to call this Friday at between 10 and 12pm (MDT). Talk to then!

Best,

Sarah Seymour

Hi Victoria,

Let's plan for Tuesday. When is the best times for you? Let me know!

Thanks,

Sarah

Hi Victoria,

Let's plan for Tuesday. When is the best times for you? Let me know!

Thanks,

Sarah

Yes that works with me. I'll put it on my calendar. Looking forward to talking with you.

Hi Victoria,

I just wanted to check in and see if your department had ever received the check for this request. Let us know when you get a chance. Stay safe and well!

Best,

Sarah

Hi,

The request was made 9/12/19 by Sarah Seymour representing the Health in Justice Action Lab at Northeastern University School of Law. The check could have been signed by either Leo Beletsky or Northeastern School of Law. We sent $43 upon request. I can copy the correspondence if thats helpful. Let me know.

Best,

Sarah Seymour

Hi,

Apologies! There seems to have been a miscommunication among our team. I will keep you updated on the check.

Best,

Sarah

Hi Victoria,

Sounds great and thanks for being patient with this. Hope you're staying well and safe. I'll be in contact soon.

Best,

Sarah

Hi Victoria,

My Principal Investigator just set the check before taking down proof of it. We're not in a rush over here but was wondering if y'all are still accepting mail at this time. Let me know and thanks.

Best,

Sarah