WEBVTT - Lawsuits Challenge Access to Prescription Drug Database (Audio)

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<v Speaker 1>States across the country maintain prescription drug monitoring programs, which

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<v Speaker 1>contained data about prescriptions for controlled substances and supports state's

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<v Speaker 1>efforts to combat prescription drug abuse. In light of the

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<v Speaker 1>opioid crisis and the increasing number of deaths across the

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<v Speaker 1>country from opiate to opioid abuse, states are struggling with

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<v Speaker 1>the question of how much accent access law enforcement officials

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<v Speaker 1>should have to these databases. New Jersey is currently considering

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<v Speaker 1>a bill that would allow police and process prosecutors to

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<v Speaker 1>access its database without a core order, but Governor Chris

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<v Speaker 1>Christie opposes the bill. Here to talk with us about

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<v Speaker 1>it and the issue more generally is Robert Mints, a

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<v Speaker 1>partner at um at Carter and English Bob, Can you

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<v Speaker 1>describe for us what is in these databases and why

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<v Speaker 1>states have them? Uh? Sure, Michael, Um. The information that

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<v Speaker 1>are in these databases is really quite extensive. It would

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<v Speaker 1>it requires. It contains information on every prescription for a

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<v Speaker 1>controlled substance that is dispensed by pharmacies in the state.

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<v Speaker 1>So that can include everything from highly addictive prescription opioids

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<v Speaker 1>such as vigodin and OxyContin to stimulants such as Adderall

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<v Speaker 1>can It includes anti anxiety drugs, also common pain killers,

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<v Speaker 1>and costs of presence with cody, and these are things

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<v Speaker 1>that are all subject to becoming addictive narcotics. But at

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<v Speaker 1>the same time, as you can see, it covers a

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<v Speaker 1>very broad spectrum of potential health issues. Bob. But we've

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<v Speaker 1>often talked about court cases getting warrants for cell phones.

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<v Speaker 1>Here it is the most personal of a person's records,

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<v Speaker 1>their medical records, and for things they might not want

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<v Speaker 1>people to know. Why not have to get a warrant

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<v Speaker 1>for this? Well, that's a good point, and you find

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<v Speaker 1>that even state medical boards and medical societies, uh surprisingly

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<v Speaker 1>are coming down on the side of privacy advocates because

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<v Speaker 1>there is some concern that if individuals know that prescription

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<v Speaker 1>drugs that they may be taking for all the host

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<v Speaker 1>of issues that I just mentioned, if that information is

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<v Speaker 1>going to be readily available to law enforcement without even

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<v Speaker 1>a judge taking a look at it and determining whether

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<v Speaker 1>there's probable cause, that that may drive those individuals underground

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<v Speaker 1>and away from the medical care that they need. So surprisingly,

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<v Speaker 1>it's the doctors themselves who are objecting to this and

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<v Speaker 1>who are saying that we want to make sure that

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<v Speaker 1>the relationship between doctor, between patients and doctors is not

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<v Speaker 1>in any way tampered with, and we don't want to

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<v Speaker 1>take patients and drive them away from dealing with doctors

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<v Speaker 1>who are in the best position to help these individuals

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<v Speaker 1>with their addictions. Well, on the other side, there are

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<v Speaker 1>legislators and prosecutors who think that the police and prosecutors

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<v Speaker 1>should be able to get access to this information very readily.

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<v Speaker 1>What's the argument from them, Well, the argument from them

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<v Speaker 1>is that there is an epidemic out there. There's no

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<v Speaker 1>question about that. Death from opioid drugs top thirty thousand

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<v Speaker 1>in which was nearly double the rate from a decade ago.

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<v Speaker 1>And it's very easy in many states for individuals to

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<v Speaker 1>go doctor shopping, in other words, walk down the street

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<v Speaker 1>and get the same prescription from multiple physicians, and the

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<v Speaker 1>physician who maybe the third in line, will prescribe an

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<v Speaker 1>opioid having no knowledge that two other doctors have previously

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<v Speaker 1>prescribed the same drugs, and the person then can get

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<v Speaker 1>triple the dose that there that they ought to be

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<v Speaker 1>actually taking. Bob. In California, the Supreme courts the state

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<v Speaker 1>Supreme Court rule recently that the state Medical Board can

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<v Speaker 1>dig through those prescription drug records without a warrant or

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<v Speaker 1>a subpoena. What's the weighing process to be used to

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<v Speaker 1>determine whether or not a subpoena or a warrant is required. Well,

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<v Speaker 1>I think it depends June to some extent on who's

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<v Speaker 1>gaining access. In some states, the Medical Board can have

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<v Speaker 1>that access. In Missouri, for example, there's a new state

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<v Speaker 1>law or an executive order I should say that gives

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<v Speaker 1>the state Department of Health the information. Um, But this

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<v Speaker 1>is this law in New Jersey is taking one step

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<v Speaker 1>further saying that law enforcement can itself gather this information

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<v Speaker 1>without a warrant, and that is what has some privacy

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<v Speaker 1>advocates concerned about it. In about a minute, we have

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<v Speaker 1>left The New York Times reporting today about prosecutors charging

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<v Speaker 1>drug dealers who are selling up yards with the death

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<v Speaker 1>of people who have used them. What's the theory there

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<v Speaker 1>that prosecutors would follow. Well, there's two things going on here.

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<v Speaker 1>There is a concern about individuals who are addicted, and

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<v Speaker 1>that's what these UH databases are designed to protect. But

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<v Speaker 1>there's also situations where doctors and pharmacists are actively supplying

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<v Speaker 1>people and these prosecutions are unique because they are actually

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<v Speaker 1>going after doctors who are knowingly providing pain killers to

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<v Speaker 1>people who they know to be addicts, and prosecutors are

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<v Speaker 1>trying to tie them in in a criminal case on

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<v Speaker 1>saying that they're criminally responsible for these deaths. Well our

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<v Speaker 1>thanks to Bob Mints, a partner at mcarter and English,

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<v Speaker 1>for being here to talk about the balance between privacy

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<v Speaker 1>and law enforcement needs to know about prescription drug abuse.