Idaho PMP Data Request

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

From: Sarah Seymour

Hi Ellen,

Thank you for passing these along. Is there any chance the fees can be waived for items 1 and 7. ID Code 74-102(f)(i)(iii) states that an agency "shall not" charge a fee if the request demonstrates that it is "is likely to contribute significantly to the public's understanding of the operations or activities of the government" and furthermore, fees will not be charged if " the requestor has insufficient financial resources to pay such fees" . We are a non-profit organization with limited funding, seeking to provide research for state agencies and other relative stakeholders who may benefit from better understanding the public health impact and function of state-based PDMPs. Let us know if you need any other clarification. Thank and happy holidays!

Best,

Sarah Seymour

From: Idaho State Board Of Pharmacy

I’m sorry, I don’t see that we have mentioned fees.

Ellen Mitchell
Investigation Support Coordinator

From: Sarah Seymour

Hi Ellen,

Near the end of the response, it has been cited there would be a fee estimate. Additionally, under seven , this is demonstrated with pay per hour and number of hours required to complete the work. Let us know if we are exempt due to our status as a non-profit. Thanks!

Best,

Sarah Seymour

From: Idaho State Board Of Pharmacy

We have decided not to charge you this time.

Ellen Mitchell
Investigation Support Coordinator

From: Idaho State Board Of Pharmacy

SEE BELOW

Ellen Mitchell
Investigation Support Coordinator

From: Sarah Seymour

Hi Ellen,

With your department not charging us, can you provide items 1, 7, 8 and 14, at your earliest convenience?

For point 1, when stating "reflecting" we mean "demonstrating" and an agreement between Appriss and ID State Board of Pharmacy (or the responsible body) to use the system. For example, this could be a purchasing agreement/

For point 7, we are only looking for a summary of de-identified red flag thresholds used and any provider/pharmacist training guides.

For point 8, we are only requesting the number of providers and pharmacists registered within the ID PDMP. Only the number and not identifying data.

For point 14, again we are only requesting the number of times law enforcement has requested access. We are not requesting individual request documents from law enforcement.

Please let me know if any of these require further clarification. Hope y'all are staying safe and well.

Thank you!

Best,

Sarah Seymour

From: Idaho State Board Of Pharmacy

Please review your records, we have sent this information to you several times.

Ellen Mitchell
Investigation Support Coordinator

From: Idaho State Board Of Pharmacy

Please review your records, we have sent this information to you several times.

Ellen Mitchell
Investigation Support Coordinator

From: Sarah Seymour

Hi Ellen,

Thank you! I just reviewed them again. Point 14 is there. However, in the letter dated March 28th, 2019 to Sabrick, the department was requiring clarification for 1, 7, and 14. Please let us know if the clarification you have received from me for those points on 4/7/20 helps in anyway. Thank you!

Best,

Sarah Seymour

From: Idaho State Board Of Pharmacy

Ms. Seymour,

This is in response to your April 7th email requesting additional information on points 1, 7, and 14. Please see the attached documents for points 1 and 14. For point 7: our unsolicited reports are generated and sent to prescribers when a patient has had a controlled substance prescription from 5 or more different prescribers. Each of the prescribers for that patient are provided a patient report.

Please let me know if you have any further questions.

Sincerely,
Teresa Anderson
Prescription Monitoring Program Information Coordinator
Idaho Board of Pharmacy
1199 Shoreline Lane Suite 303
Boise ID 83702
Phone: 208-334-2356 Fax: 208-334-4814
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I've learned that people will forget what you said, people will forget what you did, but people will never forget how you made them feel." Maya Angelou (1928 - 2014)

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.

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