DEA Sues the Colorado Board of Pharmacy over PDMP Data

Last week, the Drug Enforcement Administration (DEA) sued the Colorado Board of Pharmacy (Board) demanding that the Board share its Prescription Drug Monitoring Program (PDMP) data to assist in an ongoing investigation as to whether two unnamed pharmacies broke the law in dispensing opioids and other drugs.

Colorado’s PDMP program tracks opioid and other prescription drugs and includes the names of the prescribing doctors, the patients and pharmacies. The DEA’s actions set up a battle over patient privacy as both federal and state agencies address the nation’s opioid crisis.

The DEA previously issued administrative subpoenas to the Board for the PDMP information, but the Board, citing patient privacy concerns, refused to provide the information and remain committed to ensuring the privacy of hundreds of thousands Colorado citizens whose personal prescription records are at risk of being released, despite not having any connection to the DEA’s criminal investigation.

The DEA recognizes the sensitive nature of the confidential information and states there are legal limits that prevent them from releasing the PDMP information to the public, meaning that patient privacy will not be compromised. The Administration insists the patient information is needed to carry out critical law enforcement investigations aimed at combating the opioid epidemic.