{"status":"ok","message-type":"work","message-version":"1.0.0","message":{"indexed":{"date-parts":[[2025,4,18]],"date-time":"2025-04-18T06:46:53Z","timestamp":1744958813296},"reference-count":101,"publisher":"Cambridge University Press (CUP)","issue":"2","license":[{"start":{"date-parts":[[2021,1,1]],"date-time":"2021-01-01T00:00:00Z","timestamp":1609459200000},"content-version":"unspecified","delay-in-days":1096,"URL":"https:\/\/www.cambridge.org\/core\/terms"},{"start":{"date-parts":[[2018,1,1]],"date-time":"2018-01-01T00:00:00Z","timestamp":1514764800000},"content-version":"tdm","delay-in-days":0,"URL":"http:\/\/journals.sagepub.com\/page\/policies\/text-and-data-mining-license"}],"content-domain":{"domain":["journals.sagepub.com"],"crossmark-restriction":true},"short-container-title":["J. Law. Med. Ethics"],"published-print":{"date-parts":[[2018]]},"abstract":"<jats:p>Parts I through III of this paper will examine several, increasingly comprehensive forms of aggregation, ranging from insurance reimbursement \u201clock-in\u201d programs to PDMPs to completely unified electronic medical records (EMRs). Each part will advocate for the adoption of these aggregation systems and provide suggestions for effective implementation in the fight against opioid misuse. All PDMPs are not made equal, however, and Part II will, therefore, focus on several elements \u2014 mandating prescriber usage, streamlining the user interface, ensuring timely data uploads, creating a national data repository, mitigating privacy concerns, and training doctors on how to respond to perceived doctor-shopping \u2014 that can make these systems more effective. In each part, we will also discuss the privacy concerns of aggregating data, ranging from minimal to significant, and highlight the unique role of stigma in motivating these concerns. In Part IV, we will conclude by suggesting remedial steps to offset this loss of privacy and to combat the stigma around SUDs and mental health disorders in general.<\/jats:p>","DOI":"10.1177\/1073110518782952","type":"journal-article","created":{"date-parts":[[2018,7,18]],"date-time":"2018-07-18T11:39:17Z","timestamp":1531913957000},"page":"440-453","update-policy":"http:\/\/dx.doi.org\/10.1177\/sage-journals-update-policy","source":"Crossref","is-referenced-by-count":9,"title":["Big Data and the Opioid Crisis: Balancing Patient Privacy with Public Health"],"prefix":"10.1017","volume":"46","author":[{"given":"John Matthew","family":"Butler","sequence":"first","affiliation":[],"role":[{"role":"author","vocabulary":"crossref"}]},{"given":"William C.","family":"Becker","sequence":"additional","affiliation":[],"role":[{"role":"author","vocabulary":"crossref"}]},{"given":"Keith","family":"Humphreys","sequence":"additional","affiliation":[],"role":[{"role":"author","vocabulary":"crossref"}]}],"member":"56","published-online":{"date-parts":[[2021,1,1]]},"reference":[{"key":"S107311050002547X_bib9","doi-asserted-by":"publisher","DOI":"10.1377\/hlthaff.2016.0355"},{"key":"S107311050002547X_bib43","unstructured":"43. Id. (\u201cIn interviews and surveys of prescribers, pharmacists and law enforcement when asked about their experience with HB1 and its implementation stated that although there was initial confusion and disruptions to workflow in their professions those have largely been resolved and, for the most part, have not negatively impacted health care professional practices. It should be noted however, that a minority of prescribers indicated they no longer prescribe CS, or prescribe fewer CS, as a result of the HB1 mandate and its burden on their practices.\u201d)."},{"key":"S107311050002547X_bib57","unstructured":"57. Urahn, supra note 32, at 47."},{"key":"S107311050002547X_bib83","first-page":"156","volume-title":"Dreamland: The True Tale of America\u2019s Opiate Epidemic","author":"Quinones","year":"2015"},{"key":"S107311050002547X_bib55","unstructured":"55. Id."},{"key":"S107311050002547X_bib31","unstructured":"31. Id."},{"key":"S107311050002547X_bib74","unstructured":"74. Modifications to the HIPAA Privacy, Security, Enforcement, and Breach Notification Rules under the Health Information Technology for Economic and Clinical Health Act and the Genetic Information Nondiscrimination Act; Other Modifications to the HIPAA Rules, 78 Fed. Reg. 5566 (January 25, 2013)."},{"key":"S107311050002547X_bib58","unstructured":"58. Id."},{"key":"S107311050002547X_bib11","doi-asserted-by":"publisher","DOI":"10.1177\/1073110518782942"},{"key":"S107311050002547X_bib72","unstructured":"72. The National Governors Association has also identified interoperability as a key feature of their \u201croad map\u201d for addressing the opioid crisis. National Governors Association, Finding Solutions to the Prescription Opioid and Heroin Crisis: A Road Map for States (2016), at 19, available at <https:\/\/www.nga.org\/files\/live\/sites\/NGA\/files\/pdf\/2016\/1607NGAOpioidRoadMap.pdf> (last visited on February 22, 2018)."},{"key":"S107311050002547X_bib67","unstructured":"67. Simoni-Wastila, L. , \u201cWe Need a National Prescription Drug Monitoring Program,\u201d New York Times, February 16, 2012, available at <https:\/\/www.nytimes.com\/roomfordebate\/2012\/02\/15\/how-to-curb-prescription-drug-abuse\/we-need-a-national-prescription-drug-monitoring-program> (last accessed February 22, 2018) (\u201cA national Prescription Drug Monitoring Program will provide uniform expectations of appropriate use that affects all players \u2014 prescribers, dispensers and consumers. As well, a national program will relieve the growing onus on states without such programs that find their backyards filled with diverters fleeing states that have them. A national P.D.M.P. would bring much-needed standards for data collection, analyses, outcomes and evaluation. The most important reason for implementing a national P.D.M.P., however, \u2026 is the potential to bring prescription drug abusers into treatment.\u201d)."},{"key":"S107311050002547X_bib70","unstructured":"70. Id. at 15."},{"key":"S107311050002547X_bib49","unstructured":"49. Id."},{"key":"S107311050002547X_bib29","unstructured":"29. Buchmueller and Carey, supra note 15, at 2-3 (\u201c[W]e find that implementing a \u2018must access\u2019 PDMP reduces many of measures of excessive quantity \u2014 the share of beneficiaries obtaining more than seven months supply in each half-year, and the share that fill claims before the previous claim\u2019s days supply has been used. In addition, we find that \u2018must access\u2019 PDMPs reduce \u2018shopping\u2019 behavior. In treatment states relative to controls, the percentage of Medicare Part D enrollees who obtain prescriptions from five or more prescribers falls by 8% and the percentage of enrollees who obtain prescriptions from five or more pharmacies by more than 15%. These results suggest that measures that require prescribers to access the PDMP can be an effective way to reduce questionable opioid use patterns.\u201d)."},{"key":"S107311050002547X_bib35","doi-asserted-by":"publisher","DOI":"10.1016\/j.annemergmed.2009.12.011"},{"key":"S107311050002547X_bib59","unstructured":"59. Id. at 29."},{"key":"S107311050002547X_bib54","doi-asserted-by":"publisher","DOI":"10.1111\/pme.12469"},{"key":"S107311050002547X_bib64","unstructured":"64. Id. at 34."},{"key":"S107311050002547X_bib88","unstructured":"88. Substance Abuse and Mental Health Services Association, Substance Abuse Confidentiality Regulations (2017), available at <https:\/\/www.samhsa.gov\/about-us\/who-we-are\/laws-regulations\/confidentiality-regulations-faqs> (last visited on February 22, 2018)."},{"key":"S107311050002547X_bib53","unstructured":"53. The President\u2019s Commission on Combating Drug Addiction and the Opioid Crisis, Final Report, November 1, 2017, at 54, available at <https:\/\/www.whitehouse.gov\/sites\/whitehouse.gov\/files\/images\/Final_Report_Draft_11-15-2017_0.pdf> (last visited on February 22, 2018)."},{"key":"S107311050002547X_bib81","unstructured":"81. Id. at 1780-1781."},{"key":"S107311050002547X_bib46","unstructured":"46. Urahn, supra note 32, at 34-35. One bright note in this effort is that, according to the Pew Charitable Trusts report out of the Heller School at Brandeis University, 81.3% of states already have some form of streamlined prescriber enrollment process. Id. at 25 Fig. 9."},{"key":"S107311050002547X_bib97","unstructured":"97. National Alliance on Mental Illness, NAMI Policy Priorities and Comprehensive Mental Health Reform Legislation (2016), at 7, available at <http:\/\/www.namikenosha.org\/uploads\/4\/9\/0\/6\/49066629\/nami_policy_priorities_and_comprehensive_mh_reform.pdf> (last visited on February 22, 2018) (\u201cNAMI strongly supports inclusion of language that repeals 42 CFR Part 2, federal regulations restricting the disclosure of individual\u2019s alcohol and drug records. NAMI believes HIPAA provides sufficient patient protections and that this separate regulation creates barriers to integration of care and improved health outcomes for people living with cooccurring mental health and substance use disorders.\u201d)."},{"key":"S107311050002547X_bib40","unstructured":"40. Freeman, P.R. et al., Kentucky House Bill 1 Impact Evaluation: Executive Summary, The Kentucky Cabinet for Health and Family Services 2 (March 2015), at 2, available at <http:\/\/www.chfs.ky.gov\/NR\/rdonlyres\/842D66B1-612C-4A26-9FE2-C526329D0BEE\/0\/KentuckyHB1ImpactStudyExecutiveSummary03262015.pdf> (last visited on February 22, 2018)."},{"key":"S107311050002547X_bib80","doi-asserted-by":"publisher","DOI":"10.1111\/add.13741"},{"key":"S107311050002547X_bib42","unstructured":"42. Center for Disease Control and Prevention, Opioid Overdose: State Successes, October 5, 2017, available at <https:\/\/www.cdc.gov\/drugoverdose\/policy\/successes.html> (last visited on February 22, 2018)."},{"key":"S107311050002547X_bib38","unstructured":"38. National Alliance for Model State Drug Laws, Mandated Use of Prescription Drug Monitoring Programs, June 30, 2017, at 2, available at <http:\/\/www.namsdl.org\/library\/FE179822-E782-AA56-9E97D5E5D9F19D7B> (last visited on February 22, 2018)."},{"key":"S107311050002547X_bib45","unstructured":"45. See \u00a7 I.b infra."},{"key":"S107311050002547X_bib84","doi-asserted-by":"crossref","first-page":"126","DOI":"10.56021\/9781421421407","volume-title":"Drug Dealer, MD: How Doctors Were Duped, Patients Got Hooked, and Why It\u2019s So Hard to Stop","author":"Lembke","year":"2016"},{"key":"S107311050002547X_bib52","doi-asserted-by":"publisher","DOI":"10.1177\/1073110518782922"},{"key":"S107311050002547X_bib44","unstructured":"44. Urahn, supra note 32, at 12."},{"key":"S107311050002547X_bib76","unstructured":"76. Office of the Attorney General, Prescription Drug Monitoring Program, supra note 14; Simoni-Wastila, supra note 67."},{"key":"S107311050002547X_bib24","doi-asserted-by":"publisher","DOI":"10.1002\/pds.3553"},{"key":"S107311050002547X_bib77","unstructured":"77. Lydgate, supra note 16."},{"key":"S107311050002547X_bib14","unstructured":"14. Office of the Attorney General, California Department of Justice, Prescription Drug Monitoring Program, available at <https:\/\/oag.ca.gov\/sites\/all\/files\/agweb\/pdfs\/pdmp\/brochure.pdf> (last visited on February 22, 2018)."},{"key":"S107311050002547X_bib61","unstructured":"61. Id. at 30 Fig. 7."},{"key":"S107311050002547X_bib28","doi-asserted-by":"publisher","DOI":"10.1001\/jamainternmed.2015.3931"},{"key":"S107311050002547X_bib1","unstructured":"1. For example, see Google\u2019s life sciences spinoff, Verily. Verily, Verily Projects, available at <https:\/\/verily.com\/projects\/> (last visited February 22, 2018) (\u201cWe are developing tools and platforms to enable more continuous health data collection for timely decision-making and effective interventions. We are running longitudinal studies to better understand ways to predict and prevent disease onset and progression. And, we are undertaking significant joint efforts with partners to radically transform the way healthcare is delivered.\u201d)."},{"key":"S107311050002547X_bib3","unstructured":"3. Prescription Drug Monitoring Program Training and Technical Assistance Center, PDMP Mandatory Query by Prescribers and Dispensers (2018), available at <http:\/\/www.pdmpassist.org\/pdf\/Mandatory_Query_20180102.pdf> (last visited February 22, 2018). Of these thirty-nine states, fourteen require that both prescribers and dispensers consult the PDMPs. Id."},{"key":"S107311050002547X_bib10","unstructured":"10. Id."},{"key":"S107311050002547X_bib36","unstructured":"36. Delcher, supra note 17, at 65."},{"key":"S107311050002547X_bib51","unstructured":"51. See, e.g., Mattina, Christina , \u201cOxyContin Maker Purdue to Fund Upgrade of Virginia Prescription Monitoring System,\u201d The American Journal of Managed Care, January 29, 2017, available at <http:\/\/www.ajmc.com\/newsroom\/oxycontin-maker-purdue-to-fund-upgrade-of-virginia-prescription-monitoring-system> (last visited on February 24, 2018)."},{"key":"S107311050002547X_bib2","unstructured":"2. See, e.g., Frakt, A. , \u201cA Helpful Tool to Combat the Opioid Crisis,\u201d New York Times, September 11, 2017, available at <https:\/\/www.nytimes.com\/2017\/09\/11\/upshot\/a-helpful-tool-to-combat-the-opioid-crisis.html?_r=0> (last visited February 22, 2018) (\u201cThat\u2019s where prescription drug monitoring programs come in. They collect data from pharmacies to track what prescriptions for controlled substances patients have filled. The databases can be used to assess whether patients are getting more opioids than they can safely use. In addition, they can be used to tell if patients are getting other drugs, like a benzodiazepine, that are dangerous to use in combination with an opioid.\u201d)."},{"key":"S107311050002547X_bib86","unstructured":"86. 42 C.F.R. \u00a72.12(b)(2)."},{"key":"S107311050002547X_bib85","unstructured":"85. 42 C.F.R. \u00a72.12(a)."},{"key":"S107311050002547X_bib5","unstructured":"5. Center for Medicaid & CHIP Services, Centers for Medicare & Medicaid Services, Medicaid Drug Utilization Review State Comparison\/Summary Report (2017), available at <https:\/\/www.medicaid.gov\/medicaid-chip-program-information\/by-topics\/prescription-drugs\/downloads\/2016-dur-summary-report.pdf> (last accessed February 22, 2018)."},{"key":"S107311050002547X_bib94","unstructured":"94. 45 C.F.R. \u00a7 164.512(b)(1)(i)."},{"key":"S107311050002547X_bib39","unstructured":"39. See Ayres and Jalal, supra note 25."},{"key":"S107311050002547X_bib16","unstructured":"16. Lydgate, J. , Assistant Attorney General of Massachusetts, remarks to \u201cLaw and the Opioid Crisis\u201d seminar at Yale Law School, New Haven, Connecticut, October 2, 2017. See also Massachusetts Department of Public Health, The MA Prescription Monitoring Program: A Report to the Massachusetts Legislature (2013), at 7, available at <http:\/\/archives.lib.state.ma.us\/bitstream\/handle\/2452\/625940\/ocn974922509.pdf> (last visited on May 31, 2018) (\u201c[I]t is strictly prohibited to use the MA Online PMP as part of routine inspections, for general screening, or any other manner not in support of an already open and ongoing investigation.\u201d)."},{"key":"S107311050002547X_bib27","doi-asserted-by":"publisher","DOI":"10.5055\/jom.2017.0397"},{"key":"S107311050002547X_bib7","doi-asserted-by":"publisher","DOI":"10.1371\/journal.pone.0069241"},{"key":"S107311050002547X_bib71","unstructured":"71. Urahn, supra note 32, at 5 (\u201cTwenty PDMPs allow law enforcement to query the database pursuant to active investigations, while 30 require a court order, subpoena, search warrant, or grand jury order.\u201d)."},{"key":"S107311050002547X_bib92","unstructured":"92. Protecting Jessica Grubb\u2019s Legacy Act, S. 1850, 115th Cong. (2017)."},{"key":"S107311050002547X_bib91","unstructured":"91. See Confidentiality of Substance Use Disorder Patient Records, 82 Fed. Reg. 6087 (Jan. 18, 2017) (\u201cThe types of information that might be requested include diagnostic information, medications and dosages, lab tests, allergies, substance use history summaries, trauma history summary, employment information, living situation and social supports, and claims\/encounter data. However, the entity creating the consent form may provide options to include free text space, or choices based on a generally accepted architecture or document such as the C\u2013CDA, or Summary of Care Record, as defined by CMS for the EHR Incentive Program.\u201d). But see i.e. (\u201cIt is permissible to include \u2018all my substance use disorder information\u2019 as long as more granular options are also included. If options are provided, it is also permissible to provide check boxes next to each option. The designation of the \u2018Amount and Kind\u2019 of information to be disclosed must have sufficient specificity to allow the disclosing program or other entity to comply with the request.\u201d)."},{"key":"S107311050002547X_bib22","doi-asserted-by":"publisher","DOI":"10.1016\/j.drugalcdep.2013.05.017"},{"key":"S107311050002547X_bib12","unstructured":"12. See Roberts, supra note 9, at 1888."},{"key":"S107311050002547X_bib96","unstructured":"96. Legal Action Center, Campaign to Protect Patient Privacy Rights (2017), available at <https:\/\/lac.org\/wp-content\/uploads\/2017\/09\/CPPart2-Principles-.pdf> (last visited on February 22, 2018)."},{"key":"S107311050002547X_bib41","unstructured":"41. Id. at 3."},{"key":"S107311050002547X_bib75","unstructured":"75. Urahn, supra note 32, at 5."},{"key":"S107311050002547X_bib33","unstructured":"33. Office of Missouri Governor Eric Greitens, Governor Eric Greitens Announces Statewide Prescription Drug Monitoring Program, July 17, 2017, available at <https:\/\/governor.mo.gov\/news\/archive\/governor-eric-greitens-announces-statewide-prescription-drug-monitoring-program> (last visited on February 22, 2018)."},{"key":"S107311050002547X_bib101","doi-asserted-by":"publisher","DOI":"10.1192\/bjp.bp.114.151944"},{"key":"S107311050002547X_bib8","unstructured":"8. Contract Year 2019 Policy and Technical Changes to the Medicare Advantage, Medicare Cost Plan, Medicare Fee-for-Service, the Medicare Prescription Drug Benefit Programs, and the PACE Program, 82 Fed. Reg. 56336 (November 28, 2017)."},{"key":"S107311050002547X_bib65","unstructured":"65. See Ayres and Jalal, supra note 25."},{"key":"S107311050002547X_bib37","unstructured":"37. Urahn, supra note 32, at 8\u20139."},{"key":"S107311050002547X_bib82","unstructured":"82. Id. at 1781."},{"key":"S107311050002547X_bib17","doi-asserted-by":"publisher","DOI":"10.1016\/j.drugalcdep.2015.02.010"},{"key":"S107311050002547X_bib30","doi-asserted-by":"publisher","DOI":"10.1377\/hlthaff.2015.1496"},{"key":"S107311050002547X_bib25","doi-asserted-by":"publisher","DOI":"10.1056\/NEJMsa1514387"},{"key":"S107311050002547X_bib20","unstructured":"20. Id."},{"key":"S107311050002547X_bib100","unstructured":"100. Human Rights Watch, No Time to Waste: Evidence-Based Treatment for Drug Dependence at the United States Veterans Administration Department of Veterans Affairs, June 30, 2014, available at <https:\/\/www.hrw.org\/report\/2014\/06\/30\/no-time-waste\/evidence-based-treatment-drug-dependence-united-states-veterans> (last visited on February 24, 2018) (\u201cThe VHA has made progress in ensuring access, particularly with increasing use of office-based buprenorphine, and veterans in VHA care have greater access to these medications than do non-veterans in the community.\u201d)."},{"key":"S107311050002547X_bib34","unstructured":"34. CT Gen. Stat. \u00a7 21a-408d (2012)."},{"key":"S107311050002547X_bib73","unstructured":"73. Kam, D. , \u201cProposed Changes to Florida Prescription Drug Database under Fire,\u201d Palm Beach Post, August 27, 2013, available at <http:\/\/www.palmbeachpost.com\/news\/state--regional-govt--politics\/proposed-changes-florida-prescription-drug-database-under-fire\/leKRgFBEik3jg5rhHpaNBP\/> (last visited on February 22, 2018)."},{"key":"S107311050002547X_bib89","unstructured":"89. 42 C.F.R. \u00a7 2.31(a) (\u201cA written consent to a disclosure under the regulations in this part may be paper or electronic and must include:...The specific name(s) or general designation(s) of the part 2 program(s), entity(ies), or individual(s) permitted to make the disclosure.\u201d)."},{"key":"S107311050002547X_bib23","unstructured":"23. Id. at 65-66. Still, the highest rate of closures for pain management clinics came in August 2011 \u2014 two months before the creation of the PDMP \u2014 likely as a result of HB7095, which had passed the prior month. Id. at 65."},{"key":"S107311050002547X_bib60","unstructured":"60. Id."},{"key":"S107311050002547X_bib56","unstructured":"56. Id."},{"key":"S107311050002547X_bib98","unstructured":"98. See Garey, J. , \u201cWhen Doctors Discriminate,\u201d New York Times, August 10, 2013, available at <http:\/\/www.nytimes.com\/2013\/08\/11\/opinion\/sunday\/when-doctors-discriminate.html> (last accessed February 22, 2018)."},{"key":"S107311050002547X_bib13","doi-asserted-by":"publisher","DOI":"10.1016\/j.jpain.2016.07.003"},{"key":"S107311050002547X_bib50","unstructured":"50. Prescription Drug Monitoring Act of 2017, H.R. 1854, 115th Cong. (2017)."},{"key":"S107311050002547X_bib69","unstructured":"69. Health Strategy Group, The Aspen Institute, Confronting Our Nation\u2019s Opioid Crisis: A Report of the Aspen Health Strategy Group 1-2 ( Weil, Alan R. & Dolan, Rachel eds. 2017)."},{"key":"S107311050002547X_bib21","unstructured":"21. Id. (\u201c[T]here is evidence that health care providers accessed Florida\u2019s PDMP at a rapid rate after implementation. We calculated that Kentucky\u2019s PDMP, widely used as a national model, averaged only 84 queries per health care provider four years after their PDMP went online. Florida\u2019s PDMP surpassed that rate (92 queries per health care provider) four months after implementation. Third, health care providers are known to make medical (as opposed to legal) decisions and change their prescribing habits when they have access to PDMP information.\u201d (internal citations omitted))."},{"key":"S107311050002547X_bib93","unstructured":"93. Id."},{"key":"S107311050002547X_bib68","unstructured":"68. Appriss, Health, North Carolina Joins PMP Interconnect Interstate PDMP Data Sharing Platform to Help Address Opioid Epidemic (2018), available at <https:\/\/apprisshealth.com\/press-release\/north-carolina-joins-pmp-interconnect-interstate-pdmp-data-sharing-platform-help-address-opioid-epidemic\/> (last visited on February 22, 2018)."},{"key":"S107311050002547X_bib62","unstructured":"62. Id."},{"key":"S107311050002547X_bib18","unstructured":"18. Id. at 64."},{"key":"S107311050002547X_bib63","volume-title":"\u201cDeveloping a Five-Year Roadmap: A Roundtable on Optimizing State PDMPs from 2015 to 2020,\u201d","year":"2015"},{"key":"S107311050002547X_bib19","unstructured":"19. Id. at 65."},{"key":"S107311050002547X_bib66","unstructured":"66. Patrick, supra note 30, at 1329."},{"key":"S107311050002547X_bib90","unstructured":"90. 42 C.F.R. \u00a7 2.13(d)."},{"key":"S107311050002547X_bib78","unstructured":"78. W. Va. Code \u00a7 60A-9-5 (2017) (\u201cThe information required by this article to be kept by the Board of Pharmacy is confidential and \u2026 is open to inspection only by inspectors and agents of the Board of Pharmacy, members of the West Virginia State Police expressly authorized by the Superintendent of the West Virginia State Police to have access to the information, authorized agents of local law-enforcement agencies as members of a federally affiliated drug task force, authorized agents of the federal Drug Enforcement Administration \u2026 .\u201d)."},{"key":"S107311050002547X_bib87","unstructured":"87. 42 C.F.R. \u00a7 2.12(e)(1) (\u201cCoverage includes, but is not limited to, those treatment or rehabilitation programs, employee assistance programs, programs within general hospitals, school-based programs, and private practitioners who hold themselves out as providing, and provide substance use disorder diagnosis, treatment, or referral for treatment. However, the regulations in this part would not apply, for example, to emergency room personnel who refer a patient to the intensive care unit for an apparent overdose, unless the primary function of such personnel is the provision of substance use disorder diagnosis, treatment, or referral for treatment and they are identified as providing such services or the emergency room has promoted itself to the community as a provider of such services.\u201d)."},{"key":"S107311050002547X_bib48","unstructured":"48. Office of Public Affairs, Department of Justice, Office of Justice Programs Announces Grant Awards of More Than $8.8 Million to Help Reduce Prescription Drug Abuse, Misuse, Diversion (2016), available at <https:\/\/www.justice.gov\/opa\/pr\/office-justice-programs-announces-grant-awards-more-88-million-help-reduce-prescription-drug> (last visited on February 22, 2018)."},{"key":"S107311050002547X_bib6","unstructured":"6. Humphreys, K. , \u201cHow Insurance Companies Can Help Fight the Opioid Epidemic,\u201d Washington Post, September 25, 2017, available at <https:\/\/www.washingtonpost.com\/news\/wonk\/wp\/2017\/09\/25\/how-insurance-companies-can-help-fight-the-opioid-epidemic\/> (last visited February 22, 2018)."},{"key":"S107311050002547X_bib32","unstructured":"32. Urahn, S.K. at al., \u201cPrescription Drug Monitoring Programs, Evidence-Based Practices to Optimize Prescriber Use,\u201d Pew Charitable Trusts, December 2016, at 9, available at <http:\/\/www.pewtrusts.org\/~\/media\/assets\/2016\/12\/prescription_drug_monitoring_programs.pdf> (last visited February 22, 2018)."},{"key":"S107311050002547X_bib26","unstructured":"26. Buchmueller and Carey, supra note 15."},{"key":"S107311050002547X_bib79","unstructured":"79. Guevremont, Barnes, and Haupt, supra note 52."},{"key":"S107311050002547X_bib99","unstructured":"99. 42 C.F.R. \u00a7 2.12 (\u201cThese regulations do not apply to information on substance use disorder patients maintained in connection with the Department of Veterans Affairs\u2019 provision of hospital care, nursing home care, domiciliary care, and medical services under Title 38, U.S.C. Those records are governed by 38 U.S.C. 7332 and regulations issued under that authority by the Secretary of Veterans Affairs.\u201d)."},{"key":"S107311050002547X_bib4","unstructured":"4. Prescription Drug Monitoring Act of 2017, H.R. 1854, 115th Cong. \u00a7 3 (2017) (\u201c[E]ach covered state shall require \u2026 each prescribing practitioner within the covered State \u2026 to consult the PDMP of the covered State before initiating treatment with a prescription for a controlled substance listed in schedule II, III, or IV [of the Controlled Substances Act].\u201d). The Controlled Substances Act categorizes substances based upon their accepted medical usefulness, their relative potential for abuse, and risk of creating physical or psychological dependence. Schedule II substances have a high potential for abuse and risk of physical and psychological dependence and include hydromorphone (Dilaudid), oxycodone (OxyContin), amphetamines (Dexedrine and Adderall), and methylpheni-date (Ritalin). Schedule III substances have a moderate to low chance of physical dependence or high chance of psychological dependence and include narcotics including less than 15 milligrams of hydrocodone per dosage unit (Vicodin), buprenorphine (Suboxone), ketamine, benzphetamine (Didrex), and anabolic steroids. Schedule IV substances have a low potential for abuse relative to higher schedules and include alprazolam (Xanax), clonazepam (Klonopin), lorazepam (Ativan), and triazolam (Halcion)."},{"key":"S107311050002547X_bib47","unstructured":"47. Id. at 15, 31."},{"key":"S107311050002547X_bib15","article-title":"\u201cThe Effect of Prescription Drug Monitoring Programs on Opioid Utilization in Medicare,\u201d","author":"Buchmueller","year":"2017","journal-title":"National Bureau of Economic Research"},{"key":"S107311050002547X_bib95","first-page":"1","volume-title":"To Err is Human: Building a Safer Health System","author":"Kohn","year":"2000"}],"container-title":["Journal of Law, Medicine &amp; Ethics"],"original-title":[],"language":"en","link":[{"URL":"http:\/\/journals.sagepub.com\/doi\/pdf\/10.1177\/1073110518782952","content-type":"application\/pdf","content-version":"vor","intended-application":"text-mining"},{"URL":"http:\/\/journals.sagepub.com\/doi\/full-xml\/10.1177\/1073110518782952","content-type":"application\/xml","content-version":"vor","intended-application":"text-mining"},{"URL":"https:\/\/www.cambridge.org\/core\/services\/aop-cambridge-core\/content\/view\/S107311050002547X","content-type":"unspecified","content-version":"vor","intended-application":"similarity-checking"}],"deposited":{"date-parts":[[2023,9,3]],"date-time":"2023-09-03T20:28:12Z","timestamp":1693772892000},"score":1,"resource":{"primary":{"URL":"https:\/\/www.cambridge.org\/core\/product\/identifier\/S107311050002547X\/type\/journal_article"}},"subtitle":[],"short-title":[],"issued":{"date-parts":[[2018]]},"references-count":101,"journal-issue":{"issue":"2","published-print":{"date-parts":[[2018]]}},"alternative-id":["S107311050002547X"],"URL":"https:\/\/doi.org\/10.1177\/1073110518782952","relation":{},"ISSN":["1073-1105","1748-720X"],"issn-type":[{"value":"1073-1105","type":"print"},{"value":"1748-720X","type":"electronic"}],"subject":[],"published":{"date-parts":[[2018]]}}}