|Submitted||Oct. 3, 2019|
|Due||Oct. 10, 2019|
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To Whom it May Concern,
We are interested in the state’s prescription monitoring program, the Controlled Substances Monitoring Program. Specifically, our lab, Health in Justice Action Lab at Northeastern University School of Law, wants to learn more about law enforcement access to the database, the use of any algorithms that produce risk assessment scores or other warning flags to analyze its contents, and the data access and retention rules governing the system.In order to permit the public to understand how the West Virginia Board of Pharmacy is using the Controlled Substances Monitoring Program and how it impacts public health and civil liberties in West Virginia, we are making this request under the WV Code §§60A-9-1 to -7; 16-1-4 for the following records:
1. Any and all records including information about the algorithm that determines risk scores in theControlled Substances Monitoring Program, including but not limited to its source code, developer
documentation, and operator manuals;
2. Any and all research, technical reports, or internal audits that evaluate the risk assessment tools’ effectiveness or performance
3. De-identified records of algorithmic outputs (e.g. predictions or “red flags”);
4. Any record showing the number of patients in the Controlled Substances Monitoring Program by quarter and year (2006-present);
5. Any and all internal policy, memoranda, and/or training documentation describing how entities outside of the West Virginia Board of Pharmacy, including law enforcement, may obtain access to information in the Controlled Substances Monitoring Program, including but not limited to the rules, regulations, and procedures for transmitting data to law enforcement and/or referring cases from theControlled Substances Monitoring Program to law enforcement agencies;
6. The procedures and legal authorization for sharing the Controlled Substances Monitoring Program information with the law enforcement entities; and
7. Any and all records showing how often law enforcement entities or individuals have requested information or records from the Controlled Substances 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 request 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.
Thank you in advance for your anticipated cooperation in this matter.
I look forward to receiving your response to this request within 10 days as requested by the statute.
The responses to your request are provided below in green. Let me know if you have questions. -Mike
Michael L. Goff
Executive Director & CSMP Administrator
West Virginia Board of Pharmacy
2310 Kanawha Blvd., East
Charleston, WV 25311
Thank you for your response! Can you please provide a list of data points that were not included in these set of documents. Let me know.
HIJ Action Lab