Prescription Drug Policing: The Right to Protected Health Information Privacy Pre- and Post-Carpenter

Oliva, Jennifer D.

doi:10.2139/ssrn.3225000

Cited by 4 publications

(12 citation statements)

References 13 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…16–17)—arguments that can be made even more strongly in the context of PDMPs. Consequently, some scholars have argued that “PDMP protected health information is entitled to Fourth Amendment warrant protection” (Oliva, 2019, p. 2).…”

Section: Pdmp Programsmentioning

confidence: 99%

Privacy protections and law enforcement use of prescription drug monitoring databases

Boustead

2021

Law & Policy

View full text Add to dashboard Cite

Prescription drug monitoring programs (PDMPs) are databases that can be used by healthcare professionals to identify problematic drug‐seeking behavior. Law enforcement officers can also obtain PDMP information, raising significant privacy concerns. In this paper, I use regression analysis to explore the association between state PDMP protections and law enforcement information requests. I find that while requiring law enforcement to meet a specified standard of proof prior to accessing PDMP information is associated with fewer requests, other methods of regulating law enforcement access are not. These findings provide important and novel evidence about law enforcement behavior in response to privacy protections.

show abstract

Section: Pdmp Programsmentioning

confidence: 99%

Privacy protections and law enforcement use of prescription drug monitoring databases

Boustead

2021

Law & Policy

View full text Add to dashboard Cite

show abstract

“…17 In line with their roots, the policy structure of most PDMPs allows for broad access by law enforcement. 8,11 In line with many other states, Massachusetts has relied on its PDMP as one of the central features in its overdose crisis response. After several legal reforms and an infusion of funding, an updated PDMP went live in Massachusetts in August 2017.…”

mentioning

confidence: 96%

“…Increasingly, they use algorithmic or other big data analytics tools. 8,11,12 More recently, PDMPs have been advanced as an overdose prevention tool. It is theorized that PDMPs can assist health care providers in identifying patients who are at risk for substance use disorders or problematic behaviors that signal a need for more in-depth consultations.…”

mentioning

confidence: 99%

“…Data collected are used by police, prosecutors, professional boards, and other regulatory and enforcement bodies to identify patterns of “aberrant” practitioner, pharmacist, and patient behavior. Increasingly, they use algorithmic or other big data analytics tools 8,11,12 …”

mentioning

confidence: 99%

“…8,[18][19][20] Concerns have been raised that PDMP design and implementation has remained too firmly tethered to drug control and law enforcement, without sufficiently operationalizing care coordination and other health care improvement and public health goals. 8,11,12 Some have sought to understand how PDMPs shape healthcare provider attitudes and practices. [21][22][23] Health care decision support tools have been also shown to perpetuate racial and other biases.…”

mentioning

confidence: 99%

See 2 more Smart Citations

“Nobody Knows How You’re Supposed to Interpret it:” End-user Perspectives on Prescription Drug Monitoring Program in Massachusetts

et al. 2022

View full text Add to dashboard Cite

Objectives: America's overdose crisis spurred rapid expansion in the number and scope of prescription drug monitoring programs (PDMPs). As their public health impact remains contested, little is known about PDMP user experiences and perspectives. We explore perspectives of PDMP end-users in Massachusetts. Methods: Between 2016 and 2017, we conducted semi-structured qualitative interviews on overdose crisis dynamics and PDMP experiences with a purposive sample of 18 stakeholders (prescribers, pharmacists, law enforcement, and public health regulators). Recordings were transcribed and double-coded using a grounded hermeneutic approach. Results: Perspectives on prescription monitoring as an element of overdose crisis response differed across sectors, but narratives often critiqued PDMPs as poorly conceived to serve end-user needs. Respondents indicated that PDMP: (1) lacked clear orientation towards health promotion; (2) was not optimally configured or designed as a decision support tool, resulting in confusion over interpreting data to guide health care or law enforcement actions; and, (3) problematized communication and relationships between prescribers, pharmacists, and patients. Conclusions: User insights must inform design, programmatic, and policy reform to maximize PDMP benefits while minimizing harm.

show abstract

Trojan Horse Technologies: Smuggling Criminal-Legal Logics into Healthcare Practice

Chiarello

2023

Am Sociol Rev

View full text Add to dashboard Cite

In the throes of an intractable overdose crisis, U.S. pharmacists have begun to engage in an unexpected practice—policing patients. Contemporary sociological theory does not explain why. Theories of professions and frontline work suggest professions closely guard jurisdictions and make decisions based on the logics of their own fields. Theories of criminal-legal expansion show that non-enforcement fields have become reoriented around crime over the past several decades, but past work largely focuses on macro-level consequences. This article uses the case of pharmacists and opioids to develop a micro-level theory of professional field reorientation around crime, the Trojan Horse Framework. Drawing on 118 longitudinal and cross-sectional interviews with pharmacists in six states, I reveal how the use of prescription drug monitoring programs (PDMPs)—surveillance technology designed for law enforcement but implemented in healthcare—in conjunction with a set of field conditions motivates pharmacists to police patients. PDMPs serve as Trojan horse technologies as their use shifts pharmacists’ routines, relationships with other professionals, and constructions of their professional roles. As a result, pharmacists route patients out of the healthcare system and leave them vulnerable to the criminal-legal system. The article concludes with policy recommendations and a discussion of future applications of the Trojan Horse Framework.

show abstract

Prescription Drug Policing: The Right to Protected Health Information Privacy Pre- and Post-Carpenter

Cited by 4 publications

References 13 publications

Privacy protections and law enforcement use of prescription drug monitoring databases

Privacy protections and law enforcement use of prescription drug monitoring databases

“Nobody Knows How You’re Supposed to Interpret it:” End-user Perspectives on Prescription Drug Monitoring Program in Massachusetts

Trojan Horse Technologies: Smuggling Criminal-Legal Logics into Healthcare Practice

Contact Info

Product

Resources

About