Prescription Monitoring Program: Law Enforcement Responsibilities National Conference of State Legislatures

Transcription

1 Prescription Monitoring Program: Law Enforcement Responsibilities National Conference of State Legislatures Columbus, Ohio October 12, 2007

2 WARREN COUNTY DRUG TASK FORCE DENNIS M. LUKEN, DETECTIVE P.O. BOX 898 LEBANON, OHIO PHONE: (513) CELL: (513) FAX: (513)

3 PHARMACEUTICAL DIVERSION Detective Warren County, Ohio, Drug Task Force ( Treasurer - National Association of Drug Diversion Investigators (NADDI) years Cincinnati Police Division Detective - Pharmaceutical Diversion Squad Six investigators, one secretary

4 Prescription Monitoring Programs Rx abuse is second only to marijuana abuse in the United States Rx abuse comprises 30-50% of overall drug problem in America Critical need to address drug diversion issues in individual states- not Federally PMP should be managed by state health care agency (Pharmacy Board) Extreme care taken to prevent improprieties in the system

5 LAW ENFORCEMENT RESPONSIBILITIES LE needs to understand that the PMP information is a valuable tool but does not replace sound investigative work Arresting or indicting individuals strictly on PMP information is NEVER a sound investigative practice Need for supervisory review as checks and balance system

6 LAW ENFORCEMENT RESPONSIBILITIES Individuals indicated as criminal violators by PMP s require positive identification Information in PMP may have been entered incorrectly Other individual/s may be posing as person identified in the PMP. Other individuals may be writing prescriptions in name identified in the PMP

7 LAW ENFORCEMENT RESPONSIBILITIES LE must make contact with the prescriber and/or pharmacist Positive identification by prescribers necessary (Doctor Shoppers) Positive identification by pharmacists necessary (Forged/altered scripts) Aggressive attempts by LE to contact the suspect (Confession likely)

8 SCENARIO# 1 Local RPh indicates Jane Doe is Doctor Shopping contacted neighboring pharmacies Check by LE on complaint through PMP Report indicates Jane Doe filling multiple prescriptions (opiates) throughout city Description matches that of Jane Doe Physicians verify no knowledge of other prescribers

9 SCENARIO# 1 LE unable to find Jane Doe (no criminal record) Signs warrants on Jane Doe for multiple felonies Jane Doe arrested several days later placed in county jail LE interviews Jane, she denies involvement Lineup shown to pharmacist- cannot identify Offender is Jane Doe s s girlfriend

10 SCENARIO# 2 R.Ph.. Is suspicious of improper prescribing by physician R. Ph. notifies LE LE checks recent CS prescriptions written by physician through PMP Finds several patients receiving enormous amounts of oxycodone filled in multiple pharmacies across the city

11 SCENARIO# 2 LE attempts to locate patients receiving the oxycodone LE discovers patients are bogus LE prepares search warrant and searches physician s s office Media arrives during search makes it public Oxycodone scripts being written by office receptionist- unknown by physician Physician s s reputation severely damaged

12 MISUSE OF PMP BY LE LE misuse of PMP s cannot be tolerated Criminal offense in Ohio Potential negligence of approving supervisor should also be addressed if needed Should not be used for fishing expedition Not to be used for obtaining personal information on themselves or others If privacy issues are violated- access to PMP s by LE may be severely hampered

13 Value of PMP Identify and arrest perpetrators Can provide early meaningful rehabilitation opportunities for addicts (Justice mandate) Identify healthcare fraud (Medicaid/Worker s Compensation/Private Insurance) Program likely to pay for itself in reduction of state health care benefits to drug diverters Significant ultimate benefit to legitimate patients-the the real GOAL!

14 PMP Needs Vast majority of police departments have no one working on drug diversion Legislation should include grant monies to hire, train, and encourage LE to address this problem In order for the PMP to be optimally effective, need to provide LE agencies with funding to hire investigators

15 PRESCRIPTION MONITORING PROGRAMS QUESTIONS AND ANSWERS