Montana Prescription Drug Registry Data Request
| Submitted | Oct. 3, 2019 |
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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 Montana Prescription Drug Registry. 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 Montana Interactive.
In order to permit the public to understand how the Montana Board of Pharmacy is using the Montana Prescription Drug Registry and how it impacts public health and civil liberties in Montana, Northeastern University’s Health in Justice Action Lab is making this request under the Montana Public Records Act § 2-6-1001 et seq., for the following records:
1. Any and all records including information about the algorithm that determines risk scores in the Montana Prescription Drug Registry, including but not limited to its source code, developer documentation, and operator manuals;
2. Any and all records including information about the algorithm that determines risk scores in the Montana Prescription Drug Registry Data, including but not limited to its source code, developer documentation, and operator manuals;
3. Any and all research, technical reports, or internal audits that define and/or evaluate the Montana Prescription Drug Registry Data effectiveness or performance;
4. Any and all research, technical reports, or internal audits that evaluate the PMPs risk assessment tool’s effectiveness or performance .
5. Any record showing the number of patients in the Montana Prescription Drug Registry by quarter and year (2006-present);
6. Any record showing the number of prescribers and pharmacists in the Montana Prescription Drug Registry by quarter and year (2006-present);
7. Any and all records containing Montana Board of Pharmacy analysis of whether and/or how the Montana Prescription Drug Registry has impacted public health in Montana (e.g. decrease or increase in overdose rates, “doctor shopping,” prescribing volume, etc.) over time;
8. Any and all internal policy, memoranda, and/or training documentation describing how entities outside of Montana Board of Pharmacy, including law enforcement, may obtain access to information in the Montana Prescription Drug Registry, including but not limited to the rules, regulations, and procedures of the Medical Review Group;
9. Any and all records showing how often law enforcement entities or individuals have requested information or records from the Montana Prescription Drug Registry, 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; and
10. Any and all records of de-identified red flag algorithm outputs 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.
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 20 days after receipt.
Thank you for your assistance. We look forward to your response.
Sincerely,
Sarah Seymour
From: Montana Board Of Pharmacy
Our office recently received the following request:
Montana Board Of Pharmacy
Montana Freedom of Information Act Office
PO Box 200513
Helena, MT 59620-0513
October 3, 2019
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 Montana Prescription Drug Registry. 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 Montana Interactive.
In order to permit the public to understand how the Montana Board of Pharmacy is using the Montana Prescription Drug Registry and how it impacts public health and civil liberties in Montana, Northeastern University's Health in Justice Action Lab is making this request under the Montana Public Records Act § 2-6-1001 et seq., for the following records:
1. Any and all records including information about the algorithm that determines risk scores in the Montana Prescription Drug Registry, including but not limited to its source code, developer documentation, and operator manuals;
2. Any and all records including information about the algorithm that determines risk scores in the Montana Prescription Drug Registry Data, including but not limited to its source code, developer documentation, and operator manuals;
3. Any and all research, technical reports, or internal audits that define and/or evaluate the Montana Prescription Drug Registry Data effectiveness or performance;
4. Any and all research, technical reports, or internal audits that evaluate the PMPs risk assessment tool's effectiveness or performance .
5. Any record showing the number of patients in the Montana Prescription Drug Registry by quarter and year (2006-present);
6. Any record showing the number of prescribers and pharmacists in the Montana Prescription Drug Registry by quarter and year (2006-present);
7. Any and all records containing Montana Board of Pharmacy analysis of whether and/or how the Montana Prescription Drug Registry has impacted public health in Montana (e.g. decrease or increase in overdose rates, "doctor shopping," prescribing volume, etc.) over time;
8. Any and all internal policy, memoranda, and/or training documentation describing how entities outside of Montana Board of Pharmacy, including law enforcement, may obtain access to information in the Montana Prescription Drug Registry, including but not limited to the rules, regulations, and procedures of the Medical Review Group;
9. Any and all records showing how often law enforcement entities or individuals have requested information or records from the Montana Prescription Drug Registry, 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; and
10. Any and all records of de-identified red flag algorithm outputs 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.
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 20 days after receipt.
Thank you for your assistance. We look forward to your response.
Sincerely,
Sarah Seymour
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I would like to speak with Ms. Seymour regarding the request if you could please send me a phone number to reach her. Thank you.
Sarah J. Braden
Public Records Request Manager
Department of Labor and Industry
Business Standards Division
301 South Park Avenue
P.O. Box 200514
Helena, MT 59620-0514
(406) 841-2300
dlibsdrecordsrequests@mt.gov<mailto:dlibsdrecordsrequests@mt.gov>
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CONFIDENTIALITY NOTICE: The information contained in this email may be confidential and also may be legally privileged. The information is intended only for the use of the individual or entity to which it is addressed. If you are not the addressee, you are hereby notified that any review, use, dissemination, distribution, disclosure, reproduction, or taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this communication in error, even if you are named as an addressee, please immediately delete and notify the sender.
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From: HIJ Action Lab
Hi Sarah,
Great to hear back from you. My number is (225)-892-3028. I'm free tomorrow to speak with you and I am flexible into next week.
Best,
Sarah Seymour
From: Montana Board Of Pharmacy
I will give you a call on Monday if that is ok.
Sarah J. Braden
Public Records Request Manager
Department of Labor and Industry
Business Standards Division
301 South Park Avenue
P.O. Box 200514
Helena, MT 59620-0514
(406) 841-2300
dlibsdrecordsrequests@mt.gov<mailto:dlibsdrecordsrequests@mt.gov>
[cid:91397672image1.jpg]
CONFIDENTIALITY NOTICE: The information contained in this email may be confidential and also may be legally privileged. The information is intended only for the use of the individual or entity to which it is addressed. If you are not the addressee, you are hereby notified that any review, use, dissemination, distribution, disclosure, reproduction, or taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this communication in error, even if you are named as an addressee, please immediately delete and notify the sender.
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From: HIJ Action Lab
Hi Sarah,
I am free until 4pm est Monday if you would like to call. Thursday and Friday, I have full flexibility. Thank you!
Sarah
From: Montana Board Of Pharmacy
I am still awaiting the information from the Board Executive officer. I will try to reach you tomorrow before 4 as I will be out of the office on Friday.
Sarah J. Braden
Managing Paralegal
Compliance Unit Supervisor
From: Montana Board Of Pharmacy
Ms. Seymour,
The Montana Prescription Drug Registry (MPDR) program has the following information in response to your request:
- Year-end statistics from 2012-2018 and the most recent statistical report from August 2019 (attached)
- Law enforcement only has access pursuant to an investigational subpoena or a board investigation. See resources at:
--How Law Enforcement Can Obtain MPDR Information http://boards.bsd.dli.mt.gov/Portals/133/Documents/pha/mpdr/dli-bsd-mpdr009.pdf
--How to Read MPDR Law Enforcement Reports http://boards.bsd.dli.mt.gov/Portals/133/Documents/pha/mpdr/dli-bsd-mpdr010.pdf
- Regarding risk analysis/scores the program does not have such functionality at this time.
- For program assessment and audit information, see the June 2019 Legislative Audit Report of MPDR by the Legislative Audit Division, including the Department's response, at: https://leg.mt.gov/content/Committees/Administration/audit/2019-20/Meetings/June-2019/18DP-01.pdf
- Regarding data analysis, the program does not have functionality to provide de-identified data for research at this time. The only assessment/research available is from the Montana Department of Health and Human Services in an August 2019 report at:
https://dphhs.mt.gov/Portals/85/publichealth/documents/EMSTS/opioids/PDMPReport.pdf
- For MPDR statutes, see 37-7-1501 through 1515, MCA, at: https://leg.mt.gov/bills/mca/title_0370/chapter_0070/part_0150/sections_index.html
-For MPDR rules, see ARM 24.274.1701 - 1715, at: http://www.mtrules.org/gateway/Subchapterhome.asp?scn=24%2E174.17
_________________________________________
Montana Board Of Pharmacy
Montana Freedom of Information Act Office
PO Box 200513
Helena, MT 59620-0513
October 3, 2019
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 Montana Prescription Drug Registry. 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 Montana Interactive.
In order to permit the public to understand how the Montana Board of Pharmacy is using the Montana Prescription Drug Registry and how it impacts public health and civil liberties in Montana, Northeastern University's Health in Justice Action Lab is making this request under the Montana Public Records Act § 2-6-1001 et seq., for the following records:
1. Any and all records including information about the algorithm that determines risk scores in the Montana Prescription Drug Registry, including but not limited to its source code, developer documentation, and operator manuals;
2. Any and all records including information about the algorithm that determines risk scores in the Montana Prescription Drug Registry Data, including but not limited to its source code, developer documentation, and operator manuals;
3. Any and all research, technical reports, or internal audits that define and/or evaluate the Montana Prescription Drug Registry Data effectiveness or performance;
4. Any and all research, technical reports, or internal audits that evaluate the PMPs risk assessment tool's effectiveness or performance .
5. Any record showing the number of patients in the Montana Prescription Drug Registry by quarter and year (2006-present);
6. Any record showing the number of prescribers and pharmacists in the Montana Prescription Drug Registry by quarter and year (2006-present);
7. Any and all records containing Montana Board of Pharmacy analysis of whether and/or how the Montana Prescription Drug Registry has impacted public health in Montana (e.g. decrease or increase in overdose rates, "doctor shopping," prescribing volume, etc.) over time;
8. Any and all internal policy, memoranda, and/or training documentation describing how entities outside of Montana Board of Pharmacy, including law enforcement, may obtain access to information in the Montana Prescription Drug Registry, including but not limited to the rules, regulations, and procedures of the Medical Review Group;
9. Any and all records showing how often law enforcement entities or individuals have requested information or records from the Montana Prescription Drug Registry, 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; and
10. Any and all records of de-identified red flag algorithm outputs 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.
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 20 days after receipt.
Thank you for your assistance. We look forward to your response.
Sincerely,
Sarah Seymour
Please let me know if there is anything further we can help with.
Sincerely,
Sarah J. Braden
Public Records Request Manager
Department of Labor and Industry
Business Standards Division
301 South Park Avenue
P.O. Box 200514
Helena, MT 59620-0514
(406) 841-2300
dlibsdrecordsrequests@mt.gov<mailto:dlibsdrecordsrequests@mt.gov>
[cid:91397672image1.jpg]
CONFIDENTIALITY NOTICE: The information contained in this email may be confidential and also may be legally privileged. The information is intended only for the use of the individual or entity to which it is addressed. If you are not the addressee, you are hereby notified that any review, use, dissemination, distribution, disclosure, reproduction, or taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this communication in error, even if you are named as an addressee, please immediately delete and notify the sender.
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