Idaho PMP Data Request

Sarah Seymour filed this request with the Idaho State Board Of Pharmacy of Boise, ID.
Status
Completed

Communications

From: Sarah Seymour

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 Idaho 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 Idaho State Board of Pharmacy is using the Idaho Prescription Monitoring Program and how it impacts public health and civil liberties in Idaho, Northeastern University’s Health in Justice Action Lab is making this request under the Idaho Public Records Act § 74-101 et seq., for the following records:

1. Any and all memoranda of understanding between the Idaho State Board of Pharmacy and any outside entity regarding the Idaho Prescription Monitoring Program.
2. Any and all research, technical reports, or internal audits that define and/or evaluate the Idaho Prescription Monitoring Program effectiveness or performance;
3. Any and all research, technical reports, or internal audits that evaluate the Appriss risk assessment tool’s effectiveness or performance
4. Any document containing a full list of the data fields in the Idaho Prescription Monitoring Program;
5. Any record showing the number of patients in the Idaho Prescription Monitoring Program by quarter and year (2006-present);
6. Any record showing the number of prescribers and pharmacists in the Idaho Prescription Monitoring Program by quarter and year (2006-present);
7. Any and all records containing Idaho State Board of Pharmacy analysis of whether and/or how the Idaho Prescription Monitoring Program has impacted public health in Idaho(e.g. decrease or increase in overdose rates, “doctor shopping,” prescribing volume, etc.) over time;
8. Any and all records 2006-present of notification to law enforcement about information in the Idaho 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 Idaho Prescription Monitoring Program, and which agencies have been notified;
9. Any and all internal policy, memoranda, and/or training documentation describing how entities outside of Idaho State Board of Pharmacy, including law enforcement, may obtain access to information in the Idaho Prescription Monitoring Program, including but not limited to the rules, regulations, and procedures of the Medical Review Group;
10. The legal authorization for sharing Idaho Prescription Monitoring Program information with the law enforcement entities; and
11. Any and all records showing how often law enforcement entities or individuals have requested information or records from the Idaho 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 ten days after receipt.

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

Sincerely,

Sarah Seymour

From: Idaho State Board Of Pharmacy

Good afternoon,

Attached are the responses to your March 28, 2019 inquiry.

Future requests should be sent to info@bop.idaho.gov<mailto:info@bop.idaho.gov> for timely processing.

Please let us know if you have further questions.

Ellen Mitchell
Investigations Support Coordinator
Idaho Board of Pharmacy
208.334.2356
208.334.2426 fax

...to promote, preserve and protect the health, safety and welfare of the public by and through the effective control and regulation of the practice of pharmacy...

NOTICE: This electronic message transmission may contain confidential information exempt from public disclosure. This transmission, including any attached files, is intended only for the use of the individual(s) or entity (ies) named above. If you are not the intended recipient, please be aware that any disclosure, copying, distribution, or use of the contents of this transmission is prohibited. If you have received this transmission in error, please immediately notify the sender and delete the copy you received.

From: Sarah Seymour

Hi Ellen,

For point 14 we are only requesting the number of LE requests annually or quarterly over a time range from the earliest date of collection at 2006 or later to present day. We are also requesting under point 14 the number of LE requests that were accepted or rejected. In this case, we are refraining from requesting individual law enforcement requests because of identifiable patient data that resides in those requests. Let us know if there are any further clarification needed. I also emailed Teresa in regards to point 9. Thank you!

Best,

Sarah Seymour

From: Idaho State Board Of Pharmacy

I have attached an excel spreadsheet showing the number of requests from LE from Jan 2015 - present. We do not track whether the request was approved or rejected, just the number of requests. This is all the information we have regarding #14.

As for #9 the following are links to our statutes and rules related to release of the PDMP information.

https://legislature.idaho.gov/statutesrules/idstat/Title37/T37CH27/SECT37-2726/
https://legislature.idaho.gov/statutesrules/idstat/Title37/T37CH27/SECT37-2730A/

See Rule 600 https://adminrules.idaho.gov/rules/current/27/270101.pdf

Ellen Mitchell
Investigation Support Coordinator

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