Florida’s Prescription Drug Monitoring Database
St. Petersburg / Clearwater Prescription Fraud Lawyers
What is the prescription drug monitoring program?
By December 1, 2010, the Florida Department of Health will establish a comprehensive electronic database system that tracks controlled substance prescriptions. The database will be used as a tool to identify people who attempt to obtain prescription painkillers without a legitimate medical need or those who go to multiple locations to obtain the same drug (often referred to as doctor shopping). In 2005, the federal government authorized a $60 million grant for states to create these databases to combat the growing problem of Americans abusing controlled substance prescriptions. As a result of privacy concerns, the Florida legislature wrestled for seven years over creating the prescription drug monitoring law. Those fears were well-founded. In 2009, hackers compromised a similar electronic prescription drug database in Virginia and demanded a $10 million ransom in exchange for not releasing patients’ medical records. However, despite the broad access to private medical records and the potential for unintended disclosure or identity theft, Governor Charlie Crist nevertheless signed the bill into law in 2009.
Why did Florida choose to implement a prescription drug database?
While 38 states are already using electronic tracking programs, Florida has remained one of the few states without a method of tracking prescription drugs. As a result of this lack of regulation and monitoring, advocates contend that there is a high rate of prescription drug abuse in Florida. The state has earned a reputation as an easy place to obtain prescriptions for medications such as oxycodone. For example, 40% more oxycodone is prescribed in Florida than the second-leading state, California.
Law enforcement claims that many people travel to Florida in order to maintain a steady supply of prescription medication. As new pain management clinics spring up across the state to meet high demand, multiple overdose deaths among pain patients have occurred. The media has reported that other clinics are freely prescribing controlled substances outside Florida Medical Board guidelines simply to make a quick profit. These so-called “pill mills” have been blamed for making prescription drug overdose one of the leading causes of accidental deaths in Florida. Prescription painkillers and anti-anxiety drugs are now responsible for the untimely death of about 500 people a year just in the Tampa Bay area alone. This number is nearly triple the fatalities associated with illegal drug overdoses.
The database is designed to monitor those patients who allegedly “doctor shop,” or go from doctor to doctor seeking pain medication. It will also allow doctors to have access to information that will permit them to decide whether to prescribe certain pain medications to patients based on their prescription history.
How will pharmacists and doctors be able to access the system?
Before a pharmacy or doctor is granted access to information in the prescription drug monitoring program’s database, they will be required to register and gain approval from the Florida Department of Health. Over 400 pain clinics have already registered. Of course, the registration process also allows law enforcement to get a look at which doctors and clinics are prescribing the drugs. Other access to the database will be limited to the prescription drug monitoring program director and database maintenance administrative staff.
Does the database program change the role of my doctor?
The database system will provide patient prescription information to a patient’s health care practitioner or pharmacist only after the information has been specifically requested. Critics argue that this program requires doctors and other health care workers to take on the role of “detectives” in order for the monitoring system to be effective. The electronic database will not provide for real-time entry of prescribing information since pharmacists and doctors will have 15 days to report the sale of these prescriptions to the Florida Department of Health. This two-week lag time has been criticized by some who say that the amount of time needed to identify “doctor shopping” is crucial in the fight to stop alleged drug traffickers.
How can law enforcement use personal medical information in the database to initiate prosecutions for “doctor shopping?”
Law enforcement will not be allowed direct access to the electronic database on a routine basis. However, during active investigations regarding potential criminal activity, fraud, or theft regarding a prescribed controlled substance, a law enforcement agency may request a patient’s prescription information through the prescription drug monitoring program director. Proponents of the prescription database claim that it will be used as a tool to flag potential problems with prescriptions and alert medical staff rather than as a direct method of generating criminal charges. Supporters say it will really serve to help doctors and pharmacists who “suspect” a problem by allowing them to assess whether or not a patient is “shopping” for the prescriptions at multiple locations. On the other hand, the potential for law enforcement to comb the database during a “pending investigation” seems quite likely. In the past, such an investigation may have required a search warrant authorized by an impartial judge or at least a lawfully issued subpoena. Now, the information is available simply upon request to a bureaucratic agency.
In other states, federal drug agents have also utilized electronic prescription drug databases to investigate potential prescription abuse when someone has already died. After Michael Jackson’s sudden death in California, investigators looked to the electronic database to find information related to the prescription drugs he may have ingested.
How much personal medical information will be available on the electronic prescription drug database system?
The pharmacy or doctor dispensing the medication will have to submit detailed information about each prescription to the Florida Department of Health. To be in compliance with the reporting requirements, the following information is required:
- Doctor’s name and Drug Enforcement Administration registration number (DEA number);
- Date the prescription was filled;
- Method of payment (but not including specific credit card information);
- Full name, address, and date of birth of the person obtaining the prescription;
- Name, quantity, and dosage of the controlled substance;
- Name and address of the pharmacy or office dispensing the medication;
- Number of refills authorized and whether the drug was a first-time request from that medical practitioner.
Doctors administering these drugs in hospitals and emergency rooms will not be required to report those prescriptions. Furthermore, a doctor or pharmacist dispensing a one-time, 48-hour emergency supply of a controlled substance will also be exempt from reporting. Information in the prescription drug database will not be admissible in any civil or administrative action except disciplinary proceedings by the Florida Department of Health.
Can local governments enact further restrictions related to the tracking of prescription medications?
Local county and city governments are also beginning to enact further laws to track prescription drug use. A Delray City Beach Commissioner and a former DEA agent have called for the use of biometric software at locations that dispense these medications in order to reduce the time it takes to identify who is obtaining these drugs. The proposed Delray City Beach law would require any doctor or clinic that fills a prescription for a controlled substance to submit a patient’s fingerprint to the database. The software would then scan the patient’s fingerprint before the medication is dispensed to ensure that they were not obtaining prescriptions from multiple locations. This new law could also put an end to patients that attempt to use fraudulent identification information to obtain these controlled substances.
In another example, Palm Beach County became one of the first governments at the local level to put a stop to the opening of any new pain management centers in December, 2009. The county had over 300 overdoses in 2008 alone and hopes the new ordinance will stamp out “pill mills” without affecting the legitimate pain-management clinics that operate within the bounds of the law.
Arrested for Doctor Shopping or Prescription Fraud in Pinellas County? We Can Help!
Our law office has represented many people who have been charged in St. Petersburg, Clearwater, or other areas of Pinellas County with a criminal offense related to an addiction to prescription medication. As a result, we are very familiar with the unique nature of these charges and are experienced in resolving these cases within the criminal court system.
Options and Strategies that May be the Best for You
It is important to analyze the facts of your case to determine whether any of your constitutional rights were violated. This may result in the excluding evidence or in keeping statements that were made by you out of court.
Your case may be appropriate for Pinellas County’s drug court program. Participating in drug court allows you to avoid formal conviction and obtain treatment and counseling. Click here for further information on the Pinellas County Drug Court.
You may be eligible to participate in a Diversion Program (P.T.I. / Pre-Trial Intervention) that would entitle you to have the charges dismissed upon successful completing. Read our page on Diversion Programs available in Pinellas County.
We can also assist you in obtaining treatment and substance abuse counseling. Our office is familiar with several local addiction treatment providers. In many cases, a coordinated strategy that allows you to address the addiction issue early on in your case, may later pay dividends in seeking leniency with the court.
Depending on your prior record and the particular facts and circumstances of your case, you may be eligible to have your record of arrest sealed or expunged. Read more about sealing or expunging Pinellas County criminal records.
Call our office for a free initial consultation at (727) 578-0303
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