Frequently Asked Questions

General Questions | Prescriber Questions | 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 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 conducting. Law enforcement officials can access the data only through the Attorney General's Office by grand jury 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.

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

Any pharmacy that is licensed to dispense prescriptions 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. Prescribers are not required to report or use the system, although we strongly encourage them to register to obtain access to the data on demand. (Even those prescribers who do not register as requesters are automatically sent threshold reports and listed on all patient reports as prescribers.)

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.

Overdose deaths increased dramatically between 1995 and 2002, primarily because of prescription drug abuse. In 2001, 70 out of 90 drug-related deaths (78%) were caused by a pharmaceutical. In 2002, 148 out of 166 drug-related deaths (89%) were caused by a pharmaceutical. (Update)
Treatment admissions for prescription drug abuse increased exponentially from 83 in 1995 to 1148 in 2003 (according to TDS). (Update)
Arrests for prescription drug diversion increased dramatically during the same time period, constituting 16% of MDEA arrests in State Fiscal Year 2003. (Update)
Many youth have reported use of prescription drugs to get high (according to the MYDAUS and the NSDUH).

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.

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 you receive a report from the Prescription Monitoring Program, the patient has crossed a threshold number of prescribers, pharmacies, or drug levels during a given time period (these thresholds may change over time).

Four steps are recommended for handling threshold reports:

CONFIRM that you wrote the prescriptions attributed to you,
CONSIDER contacting the other prescribers on the report,
DISCUSS the report with the patient, and
FILE the report in the patient’s chart.

Further guidelines regarding what can be done with PMP reports may be found on OSA’s prescribers' page.

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

The PMP database is most useful for detecting and preventing “doctor-shopping.” If you sign up as a data requester, you can log on and view controlled substance prescription history for a patient, dating back as far as July of 2004. If you see a pattern of excessive use of controlled substances, you can use more caution in prescribing or dispensing to the patient.

Another use for the database is for prescribers to detect pharmacy errors or fraudulent use of their DEA numbers. A data requester can log in and pull up a “Prescriber History” to find what prescriptions for controlled substances have been attributed to them during a specified time period.

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 who exceeds the threshold number of prescribers or pharmacies.

You may also register to become a "Requester" of PMP data at www.maine.gov/pmp. Once your registration is approved, you will be able to access PMP data online, at your convenience.

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 (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: HIPAA Page.

What PMP data disclosures am I permitted to make?

The Maine Medical Association has produced a 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 disclosures to the patient, other practitioners, pharmacists, MaineCare, regulatory personnel, and law enforcement, and it talks about legal responsibility 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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Frequently Asked Questions