Lawmakers Ask DEA for Information Regarding Opioid Diversions
Concerned about whether the Drug Enforcement Administration (DEA) is doing enough to investigate and prosecute the illicit diversion of opioids, Senate Committee on Homeland Security and Governmental Affairs Chairman Ron Johnson (R-WI) and ranking member Claire McCaskill (D-MO), this week sent a letter to DEA Acting Administrator Charles P. Rosenberg requesting information regarding anti-diversion investigations conducted by the agency since 2011 in the wake of the opioid crisis.
DEA is instrumental in preventing and investigating diversion of controlled pharmaceuticals from both government and private facilities.
The lawmakers said that, “In 2015, when the committee examined allegations of opioid abuse at a VA facility in Tomah, Wisconsin, we learned that the DEA had been investigating allegations of diversion relating to the facility since at least 2009. Two years after news broke of the tragedies—and eight years since the DEA began its investigation—we are unaware of any administrative or criminal charges stemming from the tragedies at the Tomah VA facility.”
The two lawmakers said, “According to news reports … DEA has also been slow to target private pharmaceutical distributors … for example, when DEA agents ‘began to target wholesale companies that distributed hundreds of millions of highly addictive pills to the corrupt pharmacies and pill mills that illegally sold the drugs for street use,’ DEA officials at headquarters ‘began delaying and blocking enforcement actions.’ The DEA has also reportedly provided ‘conflicting guidance’ to a pharmaceutical company about its responsibilities to report suspicious orders from retailers. The conflicting guidance reportedly contributed to the government’s inability to obtain criminal convictions following its investigation.”
“DEA officials [also] may have presented conflicting guidance to a pharmaceutical manufacturer concerning its obligation to know its ‘customers’ customers,” they stated, asking Rosenberg to “describe any obligations manufacturers hold to monitor and report suspicious activity by pharmacies and doctors, the sources for these obligations under law or DEA regulations, and any related guidance the DEA has provided to manufacturers.”
“As the chief federal law enforcement agency responsible for enforcing the nation’s drug laws, the DEA has a duty to investigate violations of controlled substance laws. Accordingly, we write to request information about the DEA’s practices with respect to enforcement actions in anti-diversion investigations,” the lawmakers wrote Rosenberg.
“To assist the committee in better understanding how the DEA has pursued anti-diversion investigations during the opioid epidemic, we respectfully request the following information and material:
For each year since Fiscal Year 2011, please provide the following data relating to the DEA’s anti-diversion activities:
- The number of civil case filings against distributors, manufacturers, pharmacies and doctors;
- The number of immediate licensure suspension orders or orders to show cause against distributors, manufacturers, pharmacies and doctors;
- The number of voluntary license surrenders by doctors, including the number of such surrenders related to DEA enforcement actions; and
- The number of administrative enforcement actions brought against opioid distributors and manufacturers.
For each entry, the lawmakers are seeking the identity of the entity, the date of the DEA’s action, the nature of the allegations and the disposition of the matter.
For each year since FY 2011, they’ve requested identification of all fines DEA has levied against distributors and manufacturers, including the amount, date and recipient of each fine.
For each year since FY 2011, they’ve asked DEA to provide a list of the number of reports to DEA from manufacturers and distributors concerning suspicious orders of pharmaceuticals, broken down by the individual manufacturer or distributor.
For each year since FY 2011, lawmakers also want all the following data relating to the DEA’s anti-diversion activities:
- The number of anti-diversion investigations relating to a Department of Veterans Affairs facility or doctor;
- The number of license suspensions or civil proceedings against a VA facility or doctor; and
- The number of criminal proceedings brought against a VA provider.
For each entry, they’ve also asked DEA to identify the relevant facility, date of the proceeding, the nature of the allegations and the disposition of the matter.
The lawmakers stated that “beginning in 2013, DEA attorneys ‘started requiring a higher standard of proof’ before civil cases could move forward. According to former officials, DEA leadership changed the burden of proof that investigators needed to meet before proceeding with administrative cases from a ‘preponderance of evidence’ to ‘beyond a reasonable doubt.’ Is this assertion accurate? If so, please explain the reasoning behind this change and provide supporting material.”
And, “If accurate,” the lawmakers stated, they asked DEA to “explain whether [it] received approval or guidance from the Department of Justice, including the Office of the Deputy Attorney General, before requiring a higher standard of proof before proceeding with administrative cases.”
Continuing, the lawmakers stated, “As mentioned above, DEA officials may have presented conflicting guidance to a pharmaceutical manufacturer concerning its obligation to know its customers’ customers.’ Please describe any obligations manufacturers hold to monitor and report suspicious activity by pharmacies and doctors, the sources for these obligations under law or DEA regulations and any related guidance the DEA has provided to manufacturers.”
Finally, they wrote, “When investigating a VA facility or provider, please explain the process by which the DEA obtains investigative information from the VA. Has the DEA ever experienced difficulties obtaining information from the VA necessary to complete an investigation? Please explain.”
The lawmakers gave DEA “by no later than May 22, 2017” to respond, after which they said “the committee may seek a staff-level briefing at the appropriate time.”
As more and more are dying from illegally imported drugs from Mexico and China… lawmakers are concerned about diversion from legit distribution channels ?
This reminds me of a old joke…
This one person was walking down the sidewalk and saw this other person under a street light…walking around looking at the ground… as if they were looking for something .. maybe something that had been lost… the first person asked the person walking around under the street light if they had lost something… sure enough the person stated that they had lost a ring and was not able to find it… the first person asked exactly where they thought that they had dropped the ring.. and the person pointed down the street – which was completely dark… the sun had already set and there was no moon and there were no street lights down the street where the person indicated that they had lost the ring… the first person asked the “ring seeker” if they thought that they had lost the ring down the street .. why they were looking for the ring down on this part of the street… the ring seeker stated, rather matter of factually , that it was dark down the street and this is where the street light is… ???
Filed under: General Problems
I am, along with the 100 millions of other Americans, are on the other end of opioids. I am one of these 100 million Americans who have chronic incurable pain disease. As the CDC, DEA and Medicaid and medicare, and numerous other government associates, are blaming Dr’s for the over prescribing of medication, NOBODY, is looking at or reading the statistics from chronic pain disease patients. How about not addressing these drugs as dangerous and addictive. Let’s look at them as lifesaving and medically necessary for the million of Americans with a chronic disease? Chronic pain is a disease. It is now becoming an epidemic.
No other disease medication is scrutinized. We as patients are being denied, dismissed and overlooked by our drs due to all the scrutiny associated with treating chronic pain disease. Our Dr’s are afraid to treat us adequately. We have a disease that medication is readily accessible to us and we are being denied. We pain patients are truly being discriminated against, due to people who have used heroin, illegal fentanyl, and placed a blame on anyone but themselves. This is a witch hunt for Dr’s who prescribe life saving medication for pain disease patients who benefit from this medication.
We have a chronic disease. We want to be able to take care of our homes, our children, our selves, as much as possible, but without access to these life saving medications, we are unable to do so. We want to live not just exist in pain 24/7.
We need the government agencies to look at the real statistics, not the hand picked.
We need help. With all the headlines, topics and stories on how opioids are bad, let’s look at what good they do for our disease of chronic pain and the million of Americans they help.
Candi, great comment that I 100% agree with. I’d like to add that prescription opioids are very safe when the patient follows directions, including not mixing it with other substances (alcohol and substances not prescribed by the same doctor). Just like any and all other medications, the medication can be dangerous when a person ABUSES it.
I’ve never seen a pill crush itself up, grow legs then jam itself up someone’s nose or in someone’s vein. At some point, addicts need to take responsibility for their addictions (which is NOT the same as physical dependence) and quit blaming doctors, pharm co and pharmacists. The concept of personal responsibility does not exist within the majority of our society. If it did, then we chronic pain patients would have our physical pain adequately treated.
I think some of these law makers are worried about future votes and are jumping on the band wagon (even though some of this is not new).
This gonna be a long 1,,,I can tell u exactlly what happen at Tomah V.A..it is 45 minutes from here and WHAT KILLED P.M. in wisconsin!!!!thus what is aiding in killing soo many vets and cpp’s today!!!..There was a young veteren,,a adult,,,who hoarded his meds..Told his doc,,,he tossed em,,but he actually saved em,,and was popping 14 different pills whenever!!then thee young adult started drinking w/them,,walked into a psych-ward at the aTomah V.A.. and passed out!!NO-ONE check on him,,how long not sure,,but he was dead,,and NO-ONE KNEW CPR,,IN THE SHRINK WARDS,, soo no-one even tried cpr,,,,pronouce dead on arrival at the e.r. at Tomah V.A…now,,here comes this pharmacist,,Ron Honl,,,and starts blamming this this adult males doc,,,a psychiatrist out of Iowa,,This Ron Honl is hailed a hero whistle blower,,Alll the newspaper in wisco,,,ran god aweful propaganda,,ie,,,the candy man kills vets,,blah blah,,EVERY NEWSPAPER IN WISCONSIN CENSORED ME OR ANYONE THAT DOCUMENT THE TRUTH,,THAT THIS MANS DEATH WAS DUE TO LIEING TO HIS DOC,HOARDING MEDS AND DRINKING ALCOHOL,DIED IN THE PSYCH WARD,,,EVERY NEWSPAPER CENSORED THE TRUTH,,EVERY ONE!!!!!Disable veteran paper was terrible,,propaganda aweful,,every day disable veterans paper was putting out there candy man Tomah V.A. candy man,,whistle blower hero Ron Honl,””’Now HER COMES THE ADULT MALES PARENTS,,,, Mr&Mrs Smolyenski[sp],,”,these drugs,these doctors killed my baby boy!!!!Tammy Baldwin did nothing!!!!”’,,,, our senators is Tammy Baldwin,,and Ron Johnson,,,this Ron Honl is now admitting he had his sites on Tammy Baldwin from the get go,,,,he wanted her job,,literally!!!
Then here comes this states Representative Nygren and Schimel,,Nygren ADULT DAUGHTER o,d,’s on heroin,,but lives,,,,but all this happens together in Wisco in 1 year….thus this literally ”WITCH HUNT ,” on all CPPS patients,,,OUR doctors,,,OUR HOSPITALS,,,,,,ALL BECAUSE OF LIES,PROPAGANDIST,,AND AGAIN,,,ADULTS,,,,CHOOSING TO USE THEIR MEDICINE ILLEGALLY… keep in mind,,,98% of cpps in wisco,,,use then as prescribed,,,,
Then here comes the cdc,,w/there opiate epidemic propaganda and those guideline,,1 year later,,,Tomah V.A.,adopts them instantly,,and every other short sighted new regulation written up by this government rep out of waukesha,Nygren,ie,,Southern Wisc,,the man who’s adult daughter likes heroin,,a illegal drug,,BradSchimel,,attorney general who friend is Nygren and Tammy,,,,destroys pain management in wisco,,,and have endless press conference using Tomah V.A.,,media and those parents of thee adult male who lied and hoarded medicine!!!every piece of this opiate restriction in wisconsin is based on a lies and liers!!!!!!!every ounce of it!!!!and here comes more of the bullshit!!!!,,,thus more death and more torture!!!NEVER HAS THERE BEEN ALLOW 1 CHRONIC PAIN PATIENT ALLOWED ON T.V.,MEDIA OR ANY OF THESE ,’MEETINGS,” IN THE STATE OF WISCONSIN,,EVER!!!!MARYW
Mary, I agree. The VA investigation of Jason Simcikoski’s death found that he never received a legitimate prescription for opioid pain medication from a VA doctor (2006 thru 2014) nor did he receive a regular prescription opioid for chronic pain from any doctor. The prescription opioid he abused was given to him by a friend. (page 3).
He also asked for help to treat his addiction. It was offered as inpatient or outpatient. He declined to be admitted and decided to detox at his parents’ house. The only two “opioids” found in his body at the time of his death was tramadol and Suboxone (which is used to treat opioid addiction. Buprenorphine, one of the two main ingredients in Suboxone, is an opioid).
*(A very small amount of tramadol was found since they allowed him only (1) tramadol pill every 4 to 6 hours. (pages 14 & 15 show the time medications were given to him while he was staying in the psychiatric facility).*
These jackasses who wrote and passed the Jason Simcikoski Memorial Opioid Safety Act must not have even read the investigative report that was released. Either that or they refused to acknowledge that he was never prescribed opioids on a regular basis (through the VA and non-VA doctors) nor was it prescription opioids which killed him.
The VA psychiatric facility gave him a crap load of medication, but the majority of it was psychiatric meds. THAT’S what killed him (mixed drug toxicity). (Page 16 shows the toxicology report. Perhaps these idiots should have read it before blaming opioids on his death. God knows the media is too lazy to even look into it and report it).
Here’s the investigation report of Jason Simcikoski’s death:
https://www.va.gov/oig/pubs/VAOIG-15-02131-471.pdf
THANK THANK U THANK U,,,,SERIOUSLY,,,FOR CLEARING UP MY ERRORS,,,THAT IS WHAT THE PRESS HERE WAS CLAIMING,,14 DIFFERENT BLAH BLAH,,,THEN THEE WHOLE F-ING THING WAS A LIE!!!!!!!i AM COPYING THAT REPORT U LINKED AND BRINGING DOWN TO MY DOC IN WEST ALLIS!!!!..”they” don’t want the truth to be told!!!and god forbid u should write what we just wrote on Steve site,,,it would/was censorred in every paper!!!there is a hidden agenda here,,,were not finding,,obviously they wanted pain management gone,,and their doctors,,,why?????personal revenge from shrinks,,or surgeons???i don’t know,,,but we are missing something???!!!!!something hidden from us ,,,for these ARE ALL LIES AS TO THEIR REASONING TO STOP OUR MEDICINES,,,IT ALL 1 BIG LIE,,SOO,,,,SINCE THEY ARE LIEING AS TO THE REASON/DATA FOR THIS TORTURE AND GENOCIDE,,,MY BET IS ON MONEY,,,IT ALWAYS HAS TO DO W.MONEY!!!
Just finished reading the report,,now of course,,I AM NO DOCTOR!,,however,,on paper it appeared to be a lot of medicine,,,however,,,,the NANOgrams,,,appeared low on individual sums,,,a couple jmo10,000 nanograms,,,,,Now my understanding of a nanogram is,,u cannot ever see it w/your naked eye,,,it is theee smallest unit of measurement on earth,,,,,Soo I gotta ask,,,where were all those meds in his body they prescribed fore him,,,wouldn’t the nanograms be much higher???However thinking outloud,,,u tally all those nanogram up together,,,u got alot of psychiatric medicine in that ADULT MANS BODY,,, soo,,,I did notice thee issue of informed consent ,,which is what the U.N pointed out to us in their return letter,,,,jmo,,it appears to me,,the psych unit as Tomah V.A,…their staff,,,SCREW-UP ROYALLY!!!! neglect comes to mind,,,,but our MEDICINES,,,HAD NOTHING TO DO W/IT!!!!!,, it also appeared,,this ADULT man was already in the psych unit???
U know,,,I am on 3 meds,,,2 pain MEDICINE,, 1 throw up pill,,,,,,thats it,,,and I am thinking most of us are not on 14 different meds,,,,,this whole thing w/Tomah V.A,,,,,and us,,,,is like comparing a mouse to a alligator,,,there is no comparison,,,yet again,,,they twisted,lied,,used these parents to somehow twist it around the opiates faults,,,why?????mary