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Mar 23

Obtaining Controlled Substances By Fraud and Deceit: 18-18-415

By H. Michael Steinberg Colorado Drug Crimes Prescription Fraud Criminal Defense Lawyer

Colorado Drug Prescription Fraud - Can The Doctor Testify Against Me?

Colorado Drug Prescription Fraud – Can The Doctor Testify Against Me?

Colorado’s Prescription Drug Monitoring Programs (PDMPs), Prescription Fraud Trap Deepens, Obtaining Controlled Substances By Fraud and Deceit: 18-18-415 – Last year I wrote about a database system that requires Pharmacists and other medical professionals to input their controlled substance prescriptions.

FAQ – Colorado Criminal Law – The Defense of Colorado Criminal Prescription Fraud Cases

Colorado is one of many states that have passed laws to monitor prescription drug use. These PDMPs are intended to reduce “doctor shopping” through the use of data sharing by health care professionals both within a state and eventually across the country.

How Colorado Drug Prescription Monitoring Began

As usual the Federal Government is behind the tracking of Controlled Substances. In 2002 the U.S. Department of Justice created the Prescription Drug Monitoring Program “to help prevent and detect the diversion and abuse of pharmaceutical controlled substances, particularly at the retail level where no other automated information collection system exists.”

The overt and clearly stated purpose of a Prescription Drug Monitoring Program:

is to enhance the ability of regulatory and law enforcement agencies to collect and analyze controlled substance prescription data. While that sounds like a magnanimous – it means tracking and charging individuals with the kind of drug addiction to controlled substances that compel them to “doctor shop.”

In Colorado  – Controlled Substances Prescriptions are controlled by the Colorado Board of Pharmacy at 1560 Broadway, Suite 1310, Denver, CO 80202-5143 Phone: 303-894-7754

Here is a link to their Website:

The Colorado State Board of Pharmacy is the chief regulatory agency for pharmacists, pharmacy interns, in-state and nonresident pharmacies. It oversees in-state and out-of-state prescription drug wholesalers, satellite pharmacies, specialized prescription drug outlets, other outlets, and limited licenses.

The controlled substances that are monitored by Colorado’s PMP include all Schedule II-V controlled substances and butalbital.

Here is a LINK to the Colorado Prescription Monitoring Program Website:

As of this writing (2015), the following states have Colorado Prescription Monitoring Programs have enacted legislation to establish a PDMP, but are in varying stages of completion)

Alabama, Arizona, California, Colorado, Connecticut, Florida, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Nevada, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, and Wyoming.

A number of programs in other states – Alaska, Arkansas, Delaware, Georgia, Maryland, Montana, Nebraska, New Jersey, South Dakota, Washington, and Wisconsin) and one U.S. territory (Guam)), are in varying stages of enacting this legislation.

The state-to-state sharing of information is also happening now and the sharing of information growing exponentially as between and among the states.

Prescription Drug Abuse – The Dangers of Doctor – Clinic – Hospital Shopping

Colorado’s System Overview is called the Rx Sentry Program. The Rx program is a prescription drug monitoring program (PDMP) that was created by the Colorado State Board of Pharmacy (Board) to collect and store prescribing and dispensing data for controlled substances in Schedules II, III, IV, and V, and any other drugs specified by Colorado law as amended, that are dispensed in the State of Colorado or for patients residing in Colorado.

The Colorado PDMP program collects data that is intended to be used in the prevention of the diversion, abuse, and misuse of controlled substances.

Medical practitioners (clinics, hospitals, pharmacies, or any other healthcare facilities) and their employees and other delegates have the right to look up, view, and print controlled substance dispensing information on their specific patients.

The 2014 – 2015 Changes – Mandatory Participation Of Professionals

Mandatory PDMP registration for pharmacists and Drug Enforcement Administration (“DEA”) registered prescribers who are licensed by the Division of Professions and Occupations have new deadlines for registering

Prescriptions written must now be entered DAILY to the Rx Entry Program for in-state and nonresident pharmacies and new deadlines have been set for 100% participation in the program. Here are the deadlines:

• Pharmacists and DEA-registered Advanced Practice Nurses: September 30, 2014

• DEA-registered Dentists, Veterinarians, Optometrists and Podiatrists: October 31, 2014

• DEA-registered Medical Board licensees: November 30, 2014

The New Law – HB 14-1283 Modifying The Colorado Prescription Drug Monitoring Program

HB 14-1283 does the following things:

Allows an out-of-state pharmacist to obtain Colorado PDMP data in connection with a current patient to whom the pharmacist is dispensing a controlled substance or is providing clinical patient care services..

PERMITS LAW ENFORCEMENT TO ACCESS THE DATA

– Individual pharmacies are an eligible subject for information requests by law enforcement officials if the request for information is accompanied by a court order or subpoena beginning immediately.

To Understand The Impact Of The Colorado PDMP Act – Always Start With The Law

The purpose of this [Act] is to reduce prescription drug abuse and fraud by providing a tool that will ensure that doctors making prescribing decisions have complete and reliable information about what, if any, other prescription drugs have recently been prescribed to their patients.

It is the purpose of this [Act] to provide reporting mechanisms – with full confidentiality protections – in which prescribers, dispensers and other health care practitioners report prescription information to a central repository, in order to identify patient and doctor behavior that gives rise to a reasonable suspicion that prescription drugs are being inappropriately obtained or prescribed, so that appropriate ameliorative and corrective action treatment for individuals suffering from drug and alcohol addiction – may be taken.

This Act is further intended to help detect, refer to law enforcement and regulatory agencies, and deter prescription drug fraud and diversion.

Information That Is Gathered On You And Your Prescription

Here is the information on Colorado’s PDMP Program:

  • the dispenser identification number
  • the date the prescription is filled,
  • the prescription number,
  • whether the prescription is new or is a refill,
  • the national drug code for the substance or drug dispensed,
  • the quantity dispensed,
  • the number of days supply of the drug,
  • the patient identification number,
  • the patient’s name,
  • the patient’s address,
  • the patient’s date of birth,
  • the prescriber identification number,
  • the date the prescription was issued by the prescriber, and
  • the source of payment for the prescription.

 2015 Colorado’s Prescription Drug Monitoring Programs (PDMPs) – A Prescription Fraud Trap Deepens

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Never stop fighting – never stop believing in yourself and your right to due process of law.

ABOUT THE AUTHOR: H. Michael Steinberg – Email The Author at hmsteinberg@hotmail.com – A Denver Colorado Criminal Defense Lawyer – or call his office at 303-627-7777 during business hours – or call his cell if you cannot wait and need his immediate assistance – 720-220-2277. Attorney H. Michael Steinberg is passionate about criminal defense. His extensive knowledge and experience of Colorado Criminal Law gives him the edge you need to properly handle your case.

You must make a responsible choice for a Colorado Criminal Defense Lawyer – we encourage you to look at our firm. Over the last 30 plus years – H. Michael has mastered nearly every area of criminal law, procedure and trial and courtroom practice and he is passionate about getting you the best result in your case. He has written, and continues to write, extensively on Colorado criminal law and he hopes this article – – helps you in some small way. He hopes this article makes your case more understandable to you as regards the topic of this article: 2015 Colorado’s Prescription Drug Monitoring Programs (PDMPs) – A Prescription Fraud Trap Deepens.

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2015 Colorado’s Prescription Drug Monitoring Programs (PDMPs) - A Prescription Fraud Trap Deepens
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2015 Colorado’s Prescription Drug Monitoring Programs (PDMPs) - A Prescription Fraud Trap Deepens
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Colorado's Prescription Drug Monitoring Programs (PDMPs), Prescription Fraud Trap Deepens, Obtaining Controlled Substances By Fraud and Deceit: 18-18-415 - Last year I wrote about a database system that requires Pharmacists and other medical professionals to input their controlled substance prescriptions.
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