Letter to Oregon Board of Pharmacy and others regarding PDMP errors

22 March 2019

To:  Oregon Board of Pharmacy Fax:  971.673.0002

Re:  Multiple errors on PDMP in violation of state law

I am reporting these errors to you, as the many I have done before that went unanswered by the OBP, and therefore I am now also sending this notice to various other state agencies and the media.  There is no specific patient information in my letter, only prescription numbers and dates, which could only be released by the pharmacies themselves if future HIPAA complaints arise.

The Safeway chain of pharmacies used to be the most problematic one of all the pharmacies that I deal with and since there are still issues locally, I do not allow my patients to use the Safeway store in Roseburg.  Lately I have seen a disturbing increase in the number of errors made by Albertsons Sav-On pharmacy.  When I can find this amount of errors just among my patients, then there have to be upwards of hundreds of errors being made, but not being reported by other prescribers due to the fact that they do NOT use the PDMP as they SHOULD, because it is NOT REQUIRED for them to USE it, only for them to be SIGNED UP for it.  How stupid is that?  But that’s political and licensing board thoughtlessness.

For those not aware of the law, as it seems the OBP is NOT, ORS 431.964 states:  “Not later than 72 hours after dispensing a prescription that is subject to the prescription monitoring program established under ORS 431.962, a pharmacy shall electronically report to the Oregon Health Authority” a number of specific required elements of that prescription to be available to all users of the PDMP to help prevent doctor-shopping, additional prescriptions, abuse, etc.  When these requirements are NOT met by the pharmacies and the Oregon Health Authority, then the system is allowing potential mistakes to be made and addicts to get medications when they shouldn’t have.  And whom do you blame?  The prescriber most often, but if the data is NOT correct and up to date, then the pharmacy, the OHA, and the OBP are to blame for continuing to allow these non-reporting events to occur without disciplinary action.

I have listed the most recent errors showing the alarming trend that’s occurring at Albertsons Sav-On:

• 1-24-19 Oxycodone prescription #2595327 filled but FAILED to show on PDMP on 2-21-19 – 25 days late.
• 1-24-19 Oxycodone prescription #2595315 filled but FAILED to show on PDMP on 2-21-19 – 25 days late.
• 1-31-19 Oxycodone # 2595414 and Ativan #4589994 prescriptions filled but FAILS to show on PDMP on 2-27-19 – 24 days late.
• 1-31-19 Oxycodone prescription #2595416 filled but FAILS to show on PDMP on 2-28-19 – 25 days late.
• 1-31-19 Methadone prescription #2595426 filled but FAILS to show on PDMP on 2-28-19 – 25 days late.
• 2-7-19 Percocet prescription #2595559 filled but FAILS to show on PDMP on 3-7-19 – 25 days late.
• 2-7-19 Percocet prescription #2595540 filled but FAILS to show on PDMP on 3-7-19 – 25 days late.
• 2-21-19 Oxycodone prescription #2595800 filled but FAILS to show on PDMP on 3-21-19 – 25 days late.
• 2-21-19 Oxycodone prescription #2595795 filled but FAILS to show on PDMP on 3-21-19 – 25 days late.
• 2-21-19 Oxycodone prescription #2595808 filled but FAILS to show on PDMP on 3-21-19 – 25 days late.
• 2-21-19 Percocet prescription #2595805 filled but FAILS to show on PDMP on 3-21-19 – 25 days late.

I have also listed the recent errors that occurred at Sutherlin Drug in Sutherlin:

• 12-12-18 Percocet prescription #909214 filled but FAILED to show on PDMP on 1-9-19 – 24 days late.
  • It still FAILED to show on PDMP on 2-6-19 after pharmacy was notified – 53 days late!
• 12-12-18 Oxycodone prescription #909224 filled but FAILED to show on PDMP on 1-9-19 – 24 days late.
  • It still FAILED to show on PDMP on 2-6-19 after pharmacy was notified – 53 days late!
• 1-23-19 Oxycodone prescription #913816 filled but FAILED to show on PDMP on 2-19-19 – 24 days late.
• 1-31-19 Oxycodone prescription #914763 filled but FAILED to show on PDMP on 2-27-19 – 24 days late.

Just so that the politicians and bureaucrats can clearly understand the problem, 72 hours is 3 days.  Any day after that is in violation of state law.  24+ days later is a BIG problem!  If the state doesn’t care about this, then quit prosecuting various providers across that state for “over-prescribing” when the state agencies FAIL to define that accusation.  This law is VERY CLEAR as to what it says.  Take your blinders off and do your job!

Here’s another example of your ongoing failure to act, even when notified:

• Rx 2378617N of Norco written 5-2-18 and filled 5-14-18 at Sempert’s Drug in Myrtle Point was INCORRECTLY designated as being prescribed by “Dr. Gabriela Lombardi” when I am the actual prescriber.
• The pharmacy was notified on 6-3-18.
• The pharmacy was AGAIN notified on 7-12-18.
• Due to no correction being made, the pharmacy was AGAIN notified on 8-9-18.
• The Oregon Board of Pharmacy was notified on 8-9-18 of this continuing error.
• As of 3-21-19 the PDMP still has NOT been corrected.  It still displays the WRONG identifying prescriber data on the PDMP.
• That’s 224 days later! 
• That’s 151 working business days of your failure to take action! 
• Quit surfing the internet while at work and GET TO WORK!

Sincerely,

Dr. Darryl George

Affordable Integrative Medicine

2031 NE Diamond Lake Blvd.

Roseburg, OR  97470

T:  541.672.8366

F:  541.672.1798

office@doctor-george.net

cc:        Oregon Health Authority, Fax 503.947.5461

            Prescription Drug Monitoring Program, Fax 971.673.0990

            Governor’s Office:  Fax 503.378.6827

            The Oregonian, Fax 503.294.4193

            KOIN-CBS 6, Fax 503.464.0806

KPTV-Fox 12, Fax 503.548.6920