#733690 - 07/23/08 11:36 AM
Update on Texas PMP Status
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TheMoodyBlue
Pooh-Bah
Registered: 11/17/04
Posts: 1265
Loc: LET'S ALL KEEP AUSTIN WEIRD !
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Well, I have finally gotten settled back home in Texas (and re-discovered how much I hate moving), but that story is for a later post.
I have a new doctor that a friend recommended and in the course of reviewing my records and getting me back on my meds, we got into a conversation about politics. In the course of that he confirmed that as of September 1, 2008 ALL PRESCRIPTIONS, scheduled and non-scheduled, written by any physician in Texas will be reported and recorded into the PMP. And, apparently unlike Virginia, Maryland and elsewhere, this PMP is going to be used for active enforcement purposes, and having your name appear too often getting a script that the DPS doesn't think you should have too much of is sufficient probable cause (under the law that established the expansion from schedule II only) for a search warrant and/or arrest warrant in and of itself. Be forewarned, the new Texas PMP is an enforcement, not a treatment, tool.
Big brother lives, and this is really scary. Only 6 months and counting until Bush is out!
_________________________
Ego sum in poena, proinde Ego emo
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#735586 - 07/25/08 12:56 PM
Re: Update on Texas PMP Status - SEPT 1 IS OFFICIAL
[Re: lextech]
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TheMoodyBlue
Pooh-Bah
Registered: 11/17/04
Posts: 1265
Loc: LET'S ALL KEEP AUSTIN WEIRD !
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I am far more worried about who enforces the laws and how they interpret them to develop their enforcement priorities. DEA has used executive regulation to completely change, in practical terms, what the law actually is, whatever the US Code might say. The power to enforce the law is far greater than the power to write the law. Those who write it have no power to enforce it - those who enforce it have to power to interpret it however they choose, however unreasonable that interpretation might be. The Bush Administration has reached new depths in unreasonable interpretation of existing laws into whatever it is they want it to say. They have, in essence, changed the law by how they enforce it. Whatever the law actually says, or for that matter whatever the Constitution actually says. Neither has seemed very important to this Administration and is execution of the laws and Constitution of the land.
Yes I have actually thought to see whom made the laws, and it is those who choose how they will enforce, or not enforce, the law. THAT is power, and THAT power creates a responsibility to the people, to justice and to the law that this Administration has completely disregarded.
_________________________
Ego sum in poena, proinde Ego emo
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#735642 - 07/25/08 02:38 PM
Re: Update on Texas PMP Status - SEPT 1 IS OFFICIAL
[Re: OldHippie]
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Sweetz
Diamond Mind
GRAND Pooh-Bah
Registered: 05/11/02
Posts: 1919
Loc: Texas!
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Why not just hilight it? I have a white background, so it's no biggie for me. Anyways.........
I agree with Moody about who enforces the law, which will include how they interpret, and what constitutes DD.
I've had my insurance co. and pcp freak out because I got a med from 2 doctors at the same time. It was not DD and perfectly fine. But, no one asked me before they sent notices out saying I was doing something I shouldn't have. (I had to call the afterhours service and get a med that my pcp gave me. The oncall doctor preferred that to sending me to the ER).
So, if in one month you get hydro for a day surgery and hydro for an injury from different doctors, will that be considered doctor shopping in the eyes of the law? Also a pcp will prescribe something until you can get in to see your specialist for an injury, etc. too. The possibilities are almost endless as far as scenarios go. I do fear how this will be enforced. Who will have access, will that change from the way it is now?
Some people say 'if you don't dd, then why should you care about a PMP?'. Just because someone doesn't dd, doesn't mean they won't be interpreted as having done something wrong.
ARG!!!!
I guess we'll know soon how all this will be handled. Well, I certainly hope so.....
dd = double dip pcp = primary care physician pmp = prescription monitoring program
_________________________
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#738921 - 07/31/08 11:00 AM
Re: Update on Texas PMP Status - SEPT 1 IS OFFICIAL
[Re: Sweetz]
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hanah
Old Hand
Registered: 12/13/05
Posts: 427
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Does anyone know what the (state issued) means on the Texas monitoring program.
Under the new program it shows II-V Sept 2008 it says state issued.
Any ideas?
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#739751 - 08/01/08 03:06 PM
Re: Update on Texas PMP Status - SEPT 1 IS OFFICIAL
[Re: hanah]
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53chevy
Member
Registered: 10/04/07
Posts: 192
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don't get all y2k scared over this pmp in texas thing. those of you who live in texas as i do know how big this state is and how hard it will be to interpret this law in a way that comes down on people instantly for getting two scripts for the same drug. dps will belooking for patterns of serious abuse of the systems that would look like selling to them. their's too many people in texas and too spread out for them come after someones momma because she got two hydro scripts once in a while. on the other hand if someone is getting multiple scripts for big quantities over a period of time from more than one dr. then i'm sure that will be looked into. 53chevy
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#754559 - 08/27/08 12:27 PM
Re: Update on Texas PMP Status - SEPT 1 IS OFFICIAL
[Re: 53chevy]
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HoldemFreak
Journeyman
Registered: 06/04/05
Posts: 84
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First of all I am not scared, I do not doctor shop. But from every thing I know about the new pmp here is that the pharmacies will be able to see exactly all your prior scripts ( after the database of course) instantly when you go to fill a script and they will be the ones to rain on dr. shoppers parades so to speak. Believe it or not it has already happened here about 2 months ago. I was talking to peeps at Drs. office and two different people said they had a friend or relative who went to fill their scripts and were told by the pharmacists that they had a script filled just days ago at so and so pharmacy. They confiscated their scripts and were told that the DEA would be getting in touch with them. I remember reading on here back in Dec. I think, that there was a new bill in house that would require cash clinics to have a doctor patient relationship and that the clinics were to put an unspecified amount of money in a pool every month so they could do spot checks on local pharmacies. I believe this has happened and that is how these peeps got caught before the database. But my understanding on the database is it will be an instantanous thing. That the pharmacies will see all your back history when they fill your script. So I do not think people will be able to get two scripts without being caught right then and their when they try to fill the second one. Any opinions anyone?
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#754624 - 08/27/08 02:05 PM
Re: Update on Texas PMP Status - SEPT 1 IS OFFICIAL
[Re: OldHippie]
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watcher12
Threadhead
Registered: 03/09/07
Posts: 823
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That is a Good question. There are Tx pharms filling for out of state customers. How will this work for someone who lives in Ohio?
If the patient is in Ohio, would it need to go into an Ohio system?
Or, would it still or also be entered into the Texas system?
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#754800 - 08/27/08 06:18 PM
Re: Update on Texas PMP Status - SEPT 1 IS OFFICIAL
[Re: Stacy]
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Stacy
GRAND Pooh-Bah
Registered: 11/15/02
Posts: 2010
Loc: USA
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Don't know if that answers your questions or not, but I would think if it goes into a DB, it would only be TX and then if you are not DD'ing from OC's that use TX pharmacies it probably wouldn't matter.
Now with the way this PMP is and being "instant" almost like every pharm is a CVS and can see everything you got from any CVS and it will kick it out even if the pharmacist doesn't look it up; this might affect people that live in TX and the meds are shipped from another state.
Of course before too long, this will all be moot because I'm sure we will see a national PMP and it won't matter what state you live in or what state the pharm is in. It's headed that way and I have no doubt it will come to pass.
Thank the Good Lord the Feds are looking out for us and taking care of us.
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#755334 - 08/28/08 12:05 PM
Re: Update on Texas PMP Status - SEPT 1 IS OFFICIAL
[Re: Stacy]
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HoldemFreak
Journeyman
Registered: 06/04/05
Posts: 84
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One of the main reasons I think it will be instantaneous is because doctors, animal vets, pharmacies, law enforcement, and who the hell else will have access to your database history to use that as a guide as to how to prescribe and or scrutinize someone. Also I remember reading that the database would go into effect as soon as they had all the pharmacies, docs, etc. linked into the system. Now I did not read that exactly, but something to that effect. So it sure sounds to me if all these entities can have instant information on you it has to be instantaneous. I don't remember reading anything about how out of state scripts are to be logged into a system. I don't think it specified anything about that. That is very interesting. Where would you go to find out that information? Hmmmm.
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#755342 - 08/28/08 12:35 PM
Re: Update on Texas PMP Status - SEPT 1 IS OFFICIAL
[Re: HoldemFreak]
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HoldemFreak
Journeyman
Registered: 06/04/05
Posts: 84
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One more thing Texas is a BIG police state. Probably one of the WORST in the US. DEA here is VERY active in and around Houston all the time doing sweeps looking for marajuana dealers and growers. They waste tons of money on something that has been legalized for medical purposes in over 20 states now. Don't you think they have better things to look for? Like the brave crack dealers who deal on the corners here with no fear of them? In fact here people have HUGE crack parties. I have drove through them before late at night and it was quite scarey!!! Dozens if not more than 100 or more people in the road and on both sides of the road hanging around a dealers house and even camping out there and cooking!!! Come on folks do they not know that this goes on? So with that being said, I would think they would report to your state. They would like to make sure everyone in your state knows what you are doing. That is the way it is here. LOL
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#755345 - 08/28/08 01:02 PM
Re: Update on Texas PMP Status - SEPT 1 IS OFFICIAL
[Re: HoldemFreak]
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TheMoodyBlue
Pooh-Bah
Registered: 11/17/04
Posts: 1265
Loc: LET'S ALL KEEP AUSTIN WEIRD !
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#755365 - 08/28/08 01:38 PM
Re: Update on Texas PMP Status - SEPT 1 IS OFFICIAL
[Re: TheMoodyBlue]
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val7
Newbie
Registered: 03/30/07
Posts: 37
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I couldn't access your link. Could you put it up again?
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#755396 - 08/28/08 02:26 PM
Re: Update on Texas PMP Status - SEPT 1 IS OFFICIAL
[Re: val7]
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HoldemFreak
Journeyman
Registered: 06/04/05
Posts: 84
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I went back to an old post under other related topics and this is all that I could find that would indicate that physicians and pharmacists will have access to the database. I guess this is where I remember this from. I may be wrong, but this implies that they can access your database>quote> The bill already includes one change recommended by TMA: a fairly robust advisory committee of physicians, pharmacists, and representatives of the appropriate licensing agencies to help guide DPS in the selection of an electronic monitoring system, procedures for real-time physician and pharmacist access, and recommendations to improve cooperation between DPS and licensing boards in coordinating criminal and civil investigation and enforcement efforts. Top Reply
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#755422 - 08/28/08 03:25 PM
Re: Update on Texas PMP Status - SEPT 1 IS OFFICIAL
[Re: val7]
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TheMoodyBlue
Pooh-Bah
Registered: 11/17/04
Posts: 1265
Loc: LET'S ALL KEEP AUSTIN WEIRD !
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I couldn't access your link. Could you put it up again?
Sure - this is it: http://www.txdps.state.tx.us/director_st...tionprogram.pdf
_________________________
Ego sum in poena, proinde Ego emo
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#756231 - 08/29/08 08:11 PM
Re: Update on Texas PMP Status - SEPT 1 IS OFFICIAL
[Re: TheMoodyBlue]
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scaredsilly
Stranger
Registered: 08/08/08
Posts: 23
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This whole thing is new to me. I've not heard of it. Fortunately I realized my "problem" and have been off my meds for a few weeks now. It's not easy but I feel like I'm getting my life back! The sad part is that I had to distance myself from friends who are still "dr shopping" and getting multiple prescriptions. With this new "change", how will it effect people who get multiple scripts but only use insurance on 1 and pay full price for the others?
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#756350 - 08/30/08 04:36 AM
Re: Texas PMP Reporting Began Today Instead of September 1 !
[Re: TheMoodyBlue]
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brain4201
Old Hand
Registered: 08/13/02
Posts: 436
Loc: 30.723N and -95.55W
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I dont think this will be retroactive and from what I gathered the only difference is the MD has to use their DPS number alongside their DEA number to write a scheduled substance. It will however allow every pharmacy to see scheduled meds if you were attempting to fill at another place. Previously people were caught by their PBMs pharmacy benefit managers, when they attempted to use their insurance for two of the same drug from two different doctors. I highly doubt they are going to go back and retroactively add all of your scheduled fills from 5 yrs ago. Another person mentioned if it is filled in Ohio would it be reported here, and the answer would probably be no, unless Ohio is linked to Texas through the same people, which I doubt. Either way, it is going to stop Doc shopping pretty much altogether which is not a bad thing. It is going to keep people honest, and prevent a great deal of fraud, again not a bad thing.
_________________________
Once you label me you negate me. Soren Kierkegaard
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#756383 - 08/30/08 07:08 AM
Re: Texas PMP Reporting Began Today Instead of September 1 !
[Re: brain4201]
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dawn147
Pooh-Bah
Registered: 05/08/07
Posts: 1497
Loc: somewhere in time
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I dont think this will be retroactive and from what I gathered the only difference is the MD has to use their DPS number alongside their DEA number to write a scheduled substance. It will however allow every pharmacy to see scheduled meds if you were attempting to fill at another place. Previously people were caught by their PBMs pharmacy benefit managers, when they attempted to use their insurance for two of the same drug from two different doctors. I highly doubt they are going to go back and retroactively add all of your scheduled fills from 5 yrs ago. Another person mentioned if it is filled in Ohio would it be reported here, and the answer would probably be no, unless Ohio is linked to Texas through the same people, which I doubt. Either way, it is going to stop Doc shopping pretty much altogether which is not a bad thing. It is going to keep people honest, and prevent a great deal of fraud, again not a bad thing. why is the government bent on watching what the people are doing? I cannot smoke, not wear seat belt, watching what I'm writing, listening on my phone, now monitoring my scrips little by little my freedom is gone,,, I agree some of the things are not good for me. But they are my choices. I don't need a mother.
_________________________
The most difficult thing to do is to do nothing at all
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#756500 - 08/30/08 11:54 AM
Re: Texas PMP Reporting Began Today Instead of September 1 !
[Re: dawn147]
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Bluefairy
Pooh-Bah
Registered: 06/27/07
Posts: 1027
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If you read the letter and other links posted above, it explains how the doctor has to include the reason for the script on the script except in extenuating circumstances. also read the part about vet scripts, how the species of animal, reason for script, and owners name & pets name has to be on it. Those scripts are also going in the system under owners name. No doctor shopping for pets either!
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#757382 - 08/31/08 09:03 PM
Re: Update on Texas PMP Status - SEPT 1 IS OFFICIAL
[Re: TheMoodyBlue]
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CairoKid
Veteran
Registered: 03/19/07
Posts: 650
Loc: USA
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I am far more worried about who enforces the laws and how they interpret them to develop their enforcement priorities. DEA has used executive regulation to completely change, in practical terms, what the law actually is, whatever the US Code might say. The power to enforce the law is far greater than the power to write the law. Those who write it have no power to enforce it - those who enforce it have to power to interpret it however they choose, however unreasonable that interpretation might be. The Bush Administration has reached new depths in unreasonable interpretation of existing laws into whatever it is they want it to say. They have, in essence, changed the law by how they enforce it. Whatever the law actually says, or for that matter whatever the Constitution actually says. Neither has seemed very important to this Administration and is execution of the laws and Constitution of the land.
Yes I have actually thought to see whom made the laws, and it is those who choose how they will enforce, or not enforce, the law. THAT is power, and THAT power creates a responsibility to the people, to justice and to the law that this Administration has completely disregarded.
You make some good points. I was under the impression that only Congress could declare war. However, since Vietnam (if not Korea) that part of the Constitution has been thrown out the window. Shame on the Presidents who ride roughshod over the Constitution.
Take care & best wishes, C/K
_________________________
"We have met the enemy and he is us" ""The world is a fine place and worth the fighting for (and I hate very much to leave it)."
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#766814 - 09/16/08 03:27 PM
Re: Update on Texas PMP Status - SEPT 1 IS OFFICIAL
[Re: TheMoodyBlue]
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lndy
Threadhead
Registered: 06/23/02
Posts: 840
Loc: USA
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Also, I found this link to the actual letter sent to every Texas pharmacy explaining the changes effective next Monday, September 1. IF you are a doctor shopper, NOW is the time to vow to stop and get help (which you should challenge yourself to do anyway ). According to the letter all the changes (and there are substantial ones other than just the C-II through C-V reporting, such as your physician having to list your specific diagnosis requiring a controlled substance on the script face) become effective next Monday at 12:01 am.
Here is the link to the TxDPS letter to pharmacists: http://www.rxpert.org/associations/7415/files/DPS%20ltr%20to%20pharmacists.pdf
This is [censored]! So now DPS is going to have my diagnosis because of my hydro scripts? Is this not in violation of HIPPA?!!! I fill a hydro script about twice a month (from one doctor only, same one every time, and insurance pays - it's nothing shady AT ALL) and it's enough dealing with the nurse who gets the approvals done at the doctor's office. Now I have to stress on this also? Total (fill in the blank)!!
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