South Dakota PDMP Request

Sarah Seymour filed this request with the South Dakota Board Of Pharmacy of Sioux Falls, SD.
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 South Dakota Prescription Monitoring Program (SD PMP). 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 South Dakota Board of Pharmacy and Environmental Control is using the SD PMP and how it impacts public health and civil liberties in South Dakota, Northeastern University’s Health in Justice Action Lab is making this request under the South Dakota Sunshine Law, §1-27-1 et seq., for the following records:

1. Any and all records including information about the algorithm that determines risk scores in the SD PMP, including but not limited to its source code, developer documentation, and operator manuals (e.g. Narx Score, Overdose Risk Score);

2. Any and all research, technical reports, or internal audits that define and/or evaluate the SD PMP 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 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;

5. Any record showing the number of patients in the SD PMP by quarter and year (2006-present); and

6. Any and all records showing how often law enforcement entities or individuals have requested information or records from the SD PMP, 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: South Dakota Board Of Pharmacy

Good Afternoon,

I am writing to inform that I will be responding to the South Dakota Open Records Law request submitted to our office on October 17, 2019 on October 28, 2019 to this same email address.

Thank you,

Melissa
Melissa J. DeNoon, R.Ph.
Prescription Drug Monitoring Program Director
South Dakota State Board of Pharmacy
www.pharmacy.sd.gov<http://www.pharmacy.sd.gov/>
4001 W. Valhalla Blvd., Suite 106
Sioux Falls, SD 57106
Melissa.DeNoon@state.sd.us<mailto:Melissa.DeNoon@state.sd.us>
(605) 362-2737 office, (605) 362-2738 fax

CONFIDENTIALITY NOTICE: This e-mail communication and any attachments may contain confidential and privileged information for the use of the designated recipients. If you are not the intended recipient, (or authorized to receive for the recipient) you are hereby notified that you have received this communication in error and that any review, disclosure, dissemination, distribution or copying of it or its contents is prohibited. If you have received this communication in error, please destroy all copies of this communication and any attachments and contact the sender by reply e-mail.
P Go Green! Please do not print this e-mail unless necessary.

From: South Dakota Board Of Pharmacy

Good Afternoon,

Attached is the response to your South Dakota Open Records Law request submitted to our office on October 17, 2019.

Thank you,

Melissa
Melissa J. DeNoon, R.Ph.
Prescription Drug Monitoring Program Director
South Dakota State Board of Pharmacy
www.pharmacy.sd.gov<http://www.pharmacy.sd.gov/>
4001 W. Valhalla Blvd., Suite 106
Sioux Falls, SD 57106
Melissa.DeNoon@state.sd.us<mailto:Melissa.DeNoon@state.sd.us>
(605) 362-2737 office, (605) 362-2738 fax

CONFIDENTIALITY NOTICE: This e-mail communication and any attachments may contain confidential and privileged information for the use of the designated recipients. If you are not the intended recipient, (or authorized to receive for the recipient) you are hereby notified that you have received this communication in error and that any review, disclosure, dissemination, distribution or copying of it or its contents is prohibited. If you have received this communication in error, please destroy all copies of this communication and any attachments and contact the sender by reply e-mail.
P Go Green! Please do not print this e-mail unless necessary.

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