Kansas PDMP Data Request
| Submitted | Sept. 12, 2019 |
| Est. Completion | None |
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Communications
From: HIJ Action Lab
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 K-TRACS. 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 Kansas Board of Pharmacy is using the K-TRACS and how it impacts public health and civil liberties in Kansas, Northeastern University’s Health in Justice Action Lab is making this request under the Kansas Open Records Act § 45-215 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 Kansas Board of Pharmacy and any outside entity regarding the K-TRACS;
3. Any and all records including information about the algorithm that determines risk scores in the K-TRACS, including but not limited to its source code, developer documentation, and operator manuals (e.g. NarxScore, Overdose Risk Score);
4. Any and all research, technical reports, or internal audits that define and/or evaluate the K-TRACS 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 K-TRACS;
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 K-TRACS by quarter and year (2006-present);
9. Any record showing the number of prescribers and pharmacists in the K-TRACS by quarter and year (2006-present);
10. Any and all records containing Kansas Board of Pharmacy analysis of whether and/or how the K-TRACS has impacted public health in Kansas (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 K-TRACS Medical Review Group or other channels, including but not limited to how many times law enforcement agencies have been notified about information in the K-TRACS, and which agencies have been notified;
12. Any and all internal policy, memoranda, and/or training documentation describing how entities outside of Kansas Board of Pharmacy, including law enforcement, may obtain access to information in the K-TRACS, including but not limited to the rules, regulations, and procedures of the Medical Review Group;
13. The legal authorization for sharing K-TRACS 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 K-TRACS, 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 3 days after receipt.
Thank you for your assistance. We look forward to your response.
Sincerely,
Sarah Seymour
From: Kansas Board Of Pharmacy
Ms. Seymour,
The Kansas Board of Pharmacy is in receipt of your request for open records. Our staff and attorneys will evaluate your requests and determine what, if any, documents we have and can lawfully provide in accordance with such request. The Board will not waive any costs associated with production of the requested documents, but will provide an estimate of the costs for your consent and payment prior to any research or production. Please note that we publish information on our KTRACS website as well as a public dashboard that you can review free of charge at http://ktracs.ks.gov and www.preventoverdoseks.org<http://www.preventoverdoseks.org>.
Respectfully,
Kansas Board of Pharmacy
pharmacy.compliance@ks.gov<mailto:pharmacy.compliance@ks.gov>
800 SW Jackson, Suite 1414
Topeka, KS 66612-1244
Phone (785) 296-4056
This e-mail message, including attachments, if any, is intended for the person or entity to which it is addressed and may contain confidential or privileged information. Any unauthorized review, use or disclosure is prohibited. Receipt by anyone other than the intended recipient is not a waiver of any privilege or immunity. If you are not the intended recipient, please contact the sender and destroy the original message, including all copies.
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image001
From: HIJ Action Lab
Hi,
Thank you and looking forward to hearing from your department in regards to our request.
Best,
HIJ Action Lab
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following The Kansas Open Records Act request, copied below, and originally submitted on Sept. 12, 2019. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following The Kansas Open Records Act request, copied below, and originally submitted on Sept. 12, 2019. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following The Kansas Open Records Act request, copied below, and originally submitted on Sept. 12, 2019. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Kansas Board Of Pharmacy
The Board is still working on processing this request, calculating the amount of time and cost of the request, and reviewing what information is able to be released under the Kansas Open Records Act. Please allow a few more weeks for us to provide a response.
Respectfully,
Kansas Board of Pharmacy
pharmacy.compliance@ks.gov<mailto:pharmacy.compliance@ks.gov>
800 SW Jackson, Suite 1414
Topeka, KS 66612-1244
Phone (785) 296-4056
This e-mail message, including attachments, if any, is intended for the person or entity to which it is addressed and may contain confidential or privileged information. Any unauthorized review, use or disclosure is prohibited. Receipt by anyone other than the intended recipient is not a waiver of any privilege or immunity. If you are not the intended recipient, please contact the sender and destroy the original message, including all copies.
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~WRD000
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following The Kansas Open Records Act request, copied below, and originally submitted on Sept. 12, 2019. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Kansas Board Of Pharmacy
Staff have completed their review and estimate related to the request and have forwarded it on to the Board attorney for review and response to you. Please allow a few more weeks for us to provide a response.
Respectfully,
Kansas Board of Pharmacy
pharmacy.compliance@ks.gov<mailto:pharmacy.compliance@ks.gov>
800 SW Jackson, Suite 1414
Topeka, KS 66612-1244
Phone (785) 296-4056
This e-mail message, including attachments, if any, is intended for the person or entity to which it is addressed and may contain confidential or privileged information. Any unauthorized review, use or disclosure is prohibited. Receipt by anyone other than the intended recipient is not a waiver of any privilege or immunity. If you are not the intended recipient, please contact the sender and destroy the original message, including all copies.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following The Kansas Open Records Act request, copied below, and originally submitted on Sept. 12, 2019. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Kansas Board Of Pharmacy
The Board’s attorney is reviewing the request and developing a response. Please allow additional time for us to provide a thorough response to your inquiry.
Respectfully,
Kansas Board of Pharmacy
pharmacy.compliance@ks.gov<mailto:pharmacy.compliance@ks.gov>
800 SW Jackson, Suite 1414
Topeka, KS 66612-1244
Phone (785) 296-4056
This e-mail message, including attachments, if any, is intended for the person or entity to which it is addressed and may contain confidential or privileged information. Any unauthorized review, use or disclosure is prohibited. Receipt by anyone other than the intended recipient is not a waiver of any privilege or immunity. If you are not the intended recipient, please contact the sender and destroy the original message, including all copies.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following The Kansas Open Records Act request, copied below, and originally submitted on Sept. 12, 2019. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Kansas Board Of Pharmacy
Our attorney is still reviewing your request and should be responding soon.
Respectfully,
Kansas Board of Pharmacy
800 SW Jackson, Suite 1414
Topeka, KS 66612
pharmacy.compliance@ks.gov<mailto:pharmacy.compliance@ks.gov>
785-296-4056
785-296-8420 fax
This e-mail message, including attachments, if any, is intended for the person or entity to which it is addressed and may contain confidential or privileged information. Any unauthorized review, use or disclosure is prohibited. Receipt by anyone other than the intended recipient is not a waiver of any privilege or immunity. If you are not the intended recipient, please contact the sender and destroy the original message, including all copies.
-
~WRD080
From: HIJ Action Lab
Hi,
Sounds great. Thank you.
Best,
Sarah Seymour
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following The Kansas Open Records Act request, copied below, and originally submitted on Sept. 12, 2019. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Kansas Board Of Pharmacy
The attached letter was mailed on January 8, 2020. To date, no response has been received from your organization.
Respectfully,
Kansas Board of Pharmacy
800 SW Jackson, Suite 1414
Topeka, KS 66612
785-296-4056
785-296-8420 fax
pharmacy.compliance@ks.gov<mailto:pharmacy.compliance@ks.gov>
This e-mail message, including attachments, if any, is intended for the person or entity to which it is addressed and may contain confidential or privileged information. Any unauthorized review, use or disclosure is prohibited. Receipt by anyone other than the intended recipient is not a waiver of any privilege or immunity. If you are not the intended recipient, please contact the sender and destroy the original message, including all copies.
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