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Frequently Asked Questions  

General Questions | PrescriberQuestions | Further Information

General Questions:

How does HIPAA affect the Prescription Monitoring Program?

In administrating the PMP program, OSA is a “health oversight agency” under HIPAA (Health Insurance Portability and Accountability Act). Because the disclosures of information to the PMP by Pharmacies are mandated and not discretionary, the patient does not need to be informed of the disclosure, and does not need to consent to it. For more information about HIPAA go to the United States Department of Health and Human Services Office for Civil Rights - HIPAA Page.

Which drugs does the program monitor?

The Legislation creating the program stipulates that the program shall monitor all drugs in Schedules II, III, & IV as described by the Federal Controlled Substances Act (CSA).

Who is required to be involved with the Prescription Monitoring Program?

Any pharmacy that is licensed to dispense prescription in or into the State of Maine is required by law to report to the program. Neither hospital inpatient dispensing data nor data from veterinarians is collected. Doctors are not required to report or use the system, although we strongly encourage them to register to obtain access to the data.

Who can access the information in the system?

Pharmacists and prescribers can access the system for information regarding their own patients only. Licensing boards may use the information for investigations they are running. Law enforcement officials can access the data only through the Attorney General's Office by subpoena for a case they are currently investigating. Individuals may access the system to receive information about themselves. For more specifics on access please refer to the regulations.

Why was the Prescription Monitoring Program set up?

In response to the rapid rise of prescription drug abuse since 1997, and based on alarming statistics like the ones given below, Maine's legislature assigned the task of creating an electronic Prescription Monitoring Program to the Office of Substance Abuse (OSA) in 2003 to help address this problem.

  • Treatment admissions for prescription drug abuse have increased exponentially from 83 in 1995 to 1148 in 2003.
  • Overdose deaths increased dramatically through 2002 primarily due to prescription drug abuse.
  • In 2001 out of 90 drug deaths, 70 (78%) were caused by a pharmaceutical. In 2002 out of 166 drug deaths, 148 (89%) were caused by a pharmaceutical.
  • Arrests for prescription drug diversion have increased dramatically, now constituting 16% of MDEA arrests for State Fiscal Year 2003.
  • More than 20% of High School Seniors have used prescription drugs to get high (according to the 2006 MYDAUS).

Will my PMP information be safe?

The information being collected is safeguarded in both its collection and distribution (see “Who can access theinformation in the system?”). Prescribers and Dispensers must register to access information from the database. Inappropriate use of the information is a Class C Felony as stated by the law.

 

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Prescriber Questions:

I got a letter from the Office of Substance Abuse about a patient. Why did I get it? What should I do about it?

If a prescriber has recieved a report from the Prescription Monitoring Program it is because the prescriber either requested a report from the Program or because a patient under the prescriber's care has received multiple prescriptions for controlled substances or has multiple prescribers.

Some guidlines that can be used regarding what to do with a report is in our treatment brochure on the prescribers page in both word and .pdf format.

How can the PMP information help me in my daily practice of medicine?

PMP information can be very useful because you will automatically be warned if a patient under your care has received multiple prescriptions for controlled substances from multiple prescribers. You can also, at no charge, request information on any patient you may have concerns about. You will receive their entire prescription history for the time period you enter displaying all Schedule II, III, and IV drugs they have had prescriptions filled for.

How do I get PMP information about my patients?

Each quarter, Patient Threshold Reports are automatically sent to the health care providers of any patient that exceeds the thresholds for Schedule II, III, or IV drugs.

You may also register to become a "Requestor" of PMP data at http://www.ghsinc.com/pmppage.php. Once your registration is approved, you will be able to access PMP data online at http://www.maine.gov/pmp. You will also be able to request a faxed report from GHS through their web site, http://www.ghsinc.com/pmppage.php.

Can I get PMP information about a new patient?

Yes; if you are registered with our program, you can request a report on a new patient you will be seeing at a future appointment. This allows you to check on someone’s Schedule II, III, and IV drug history before you even see them for their appointment (see above, How do I get PMP information about my patients?)

Can I consult with other Prescribers listed on a patient report without patient authorization?

According to HIPAA, this type of consultation is permitted becuase consultation is within the HIPAA definition of "treatment". To see the official FAQ about this question the reference to HIPAA, please click here: Consultation.

What PMP data disclosures am I permitted to make?

The Maine Medical Association has produced a Privacy Issues Document outlining how state and federal regulations effect what disclosure providers can make of PMP data they have received. The document answers questions relating to diclosures too: the patient, other practitioners, pharmacists, MaineCare, regulatory personnel, law enforcement, and it talks about legal responsiblity for not acting based on PMP data received. Hard copies can be requested (to be received by fax or mail) by calling (207) 287-3363 or you can download the document in Word.

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