Why you can’t really trust any particular politician nor political party

Ron and I were at Butler U around the same time and we each had our own independent pharmacies in adjacent cities in southern Indiana.  Indiana is typically a <R> dominated state. Currently our legislature has a <R> majority and our Governor is <R> and Ron is/was in his  third term <R> Senator.  Ron’s District was a rather small district – 46 I think – and it can be politically PURPLE.. and Ron had already announced – earlier this year –  that he was not going to run for a 4th term in 2022…  I  guess that the <R> party does not have a “strong candidate” for the 46th district, so they elected to take it “out of action”  I guess that this shows that within any particular political party… politicians really can’t count on their colleagues in their own party. – NOT TO STAB THEM IN THE BACK… Perhaps the particular party it is more about what the opinion of what is good for the party and not what is good for a particular colleague and/or the constituents that they represent in a particular district.

Southern Indiana lawmaker quitting after split over GOP redistricting

https://www.whas11.com/article/news/politics/ron-grooms-indiana-senator-resigns/417-957e3719-f8a5-4495-b7af-68d3fccd10d4

Ron Grooms was the only Republican senator to vote against the new GOP-drawn election district maps and decided to resign with a year left in his term.

JEFFERSONVILLE, Ky. — A southern Indiana legislator who was the only Republican senator to vote against the new GOP-drawn election district maps has decided to resign with a year left in his term.

Republican Sen. Ron Grooms of Jeffersonville had said in June that he wouldn’t seek reelection next year to the Senate seat he first won in 2010, but he announced Thursday he would step down from office effective Tuesday.

Grooms’ decision comes after final approval earlier this month of the Republican redistricting plan that eliminated his district that included Jeffersonville and New Albany by splitting the two cities between other GOP-controlled districts. Grooms joined all Senate Democrats in voting against the redistricting bill.

Grooms, a retired pharmacist, didn’t mention the district elimination in his resignation announcement, saying he looked forward to spending more time with his family and pursuing new opportunities.

A caucus of Republican precinct committee members from his current district will select a replacement for the 2022 legislative session.

Grooms’ resignation follows that of Democratic Sen. Karen Tallian of Ogden Dunes, who said she decided to leave her seat in frustration over iron-fisted Republican control of the Legislature. A Democratic caucus last week elected Rodney Pol Jr., an attorney from Chesterton, to fill the northwestern Indiana seat.

why prescribers need irrevocable trusts: When Data Becomes Due Process

Could it be that some of the data on prescribers that the DEA uses to come to the conclusion that a prescriber is providing controlled substance outside of valid medical necessity …. be THEIR ESTIMATED NET WORTH ?  You see when our judicial system uses the Civil Asset Forfeiture Act… the assets can be confiscated without filing any charges and the ASSETS THEMSELVES is the guilty party…  because the judicial system can just “believe” that the assets were obtained using illegal obtained monies…  If a prescriber – before the DEA VULTURES start circling – creates irrevocable trust(s) to shelter all their assets because they have made themselves virtually PENNILESS… and all their assets in the irrevocable trust are managed by the Trustee of the trust and the trustee is bound by the directives outlined in the trust as to what money from the trust can be used to fund and if the trustee violates any of those directives – like turning over assets to our judicial system – would cause the trustee to be put in jail for violating the directives in the trust.  Most trustees of such trusts tend to follow the instructions in the trust TO THE LETTER. Since a irrevocable trust is a LEGAL DOCUMENT… those in our judicial system, clearly understands the details around a irrevocable trust.  Our judicial system does not always follow the “letter of the law” nor the “intent of the law” but their individual interpretation of the law.

When Data Becomes Due Process

https://daily-remedy.com/when-data-becomes-due-process/

It has been said that sin is not in the action, but in the reaction.

Similarly, the harm from data comes not from the data itself, but from its interpretation – how people react to what they see. As what they see can be quite subjective, changing from person to person.

The analysis of data is a notoriously quantitative field, defined by established rules of statistics. The interpretation of the analysis is different, far more subjective, varying based on the biases held by the person reviewing the data.

For federal agencies within the Department of Justice that investigate physician behavior, the interpretation of data analysis is used to initiate investigations and to secure convictions.

But in conflating objective data analysis with subjective interpretations, federal agencies introduce concerning levels of biases and variability in their investigative practices. As a result, the interpretations of laws governing physician behavior vary alongside the interpretations of data analysis – rendering the interpretation of data as due process.

The term is routinely cited but never fully understood. Due process is often discussed only in procedural terms in reference to legal investigations or deliberations in court. For example, if a law enforcement officer tampers with evidence or a prosecutor introduces materially false evidence, then we would expect the defendant to claim due process violations.

But procedural due process violations are only one aspect of due process. The other, more abstract aspect is called substantive due process. It focuses less on procedural violations and more on enumerated rights implicitly afforded through the Constitution. In 1905, the term was used by the Supreme Court in upholding the rights of bakers in New York City to work the hours they needed in order to prepare bread, finding work hour restrictions violated the rights of bakers to perform their job.

Substantive due process protects the right to work, to marry, and to raise children – essentially the basic functions we take for granted in our everyday lives. But in our increasingly complex world, many of these basic functions are becoming quite complex.

Something epitomized in healthcare, which has seen an influx of data turn basic patient care into complex models of technology-based care coordination. Data has now become synonymous with patient care – to the point that nearly all clinical decisions rely on some data point.

Something the Department of Justice has keenly noted, and now uses patient data to investigate the behavior of physicians to determine whether criminal behavior is transpiring. If a physician has higher than average reimbursements, then a physician is possibly committing insurance fraud. If a physician has higher than normal prescriptions of controlled substances, then a physician is possibly committing prescription fraud.

Effectively, the interpretation of the data determines probable cause. But correlating statistical probability with reasonable doubt leads to perilous interpretations that have been proven to be rife with bias – particularly in healthcare.

Numerous clinical studies and class action lawsuits have proven healthcare insurance companies use patient data to engage in discriminatory practices against disenfranchised patients, adversely affecting access to care. These are the entities that directly aggregate and maintain patient information – and even they cannot interpret data without bias.

For law enforcement to then take the same data and investigate crimes based on interpretations – already proven to be biased data – turns biases into evidence. Since most prosecutors are unable to discern between statistical noise and clinically relevant statistical trends, inevitably they will misinterpret patient data. This was most famously revealed when the Drug Enforcement Agency began correlating the number of opioid prescriptions with opioid related mortality.

Data analysis is complex by nature. We try to simplify it through interpretations. But to simplify something complex is a type of bias. And in the courts of law, we have assumed this bias to be evidence. When we examine criminal cases involving physicians, we usually see data included in the filings that allege to be the factual basis for the crime.

Yet we have never questioned the Constitutionality of using patient data this way. But in many criminal cases against physicians, the government essentially argues that data interpretations supersede a physician’s substantive due process rights. That over the course of a physician’s work, should any data aberrations arise, that physician can be subsequently investigated for potential crimes.

We would never allow the government to investigate a bakery based on production trends of bread. But we seem content to allow the government to investigate physicians based on trends in patient data.

Prosecutors justify this tactic by arguing that data is the principal means through which they can investigate physicians – a fair point, and by no means do we argue against using data for such investigations.

But we should not blindly assume we can use patient data in this manner. It was never intended to be evidence, and it has proven time and time again to be biased.

Instead we should closely examine the robustness of the data, case by case, determine if it meets objective legal standards required of evidence, and codify the legal definitions detailing how we use it in court.

As it stands currently, we are using data as due process without explicitly stating as much. In the silence, we have allowed prosecutors to introduce pernicious interpretations of data as evidence, which is a violation of a physician’s due process.

Until we directly address the constitutionality of this, pernicious legal interpretations will continue to deny physicians their right to a defense, and data will continue to pass for criminal intent.

And the courts will continue to enable government encroachment into healthcare.

Two blood pressure medications recalled over carcinogen concerns

Two blood pressure medications recalled over carcinogen concerns

https://www.cnet.com/health/medical/two-blood-pressure-medications-recalled-over-carcinogen-concerns/

The FDA says two blood pressure medications from Lupin Pharmaceuticals are being recalled. Find out which medications are affected and why.

The US Food and Drug Administration announced a recall last week for two medications made by Lupin Pharmaceuticals that treat high blood pressure (also known as hypertension). The medications, tablets of Irbesartan and tablets of Irbesartan and Hydrochlorothiazide, are being pulled over concerns they may contain unsafe amounts of N-nitrosoirbesartan, a probable carcinogen

According to the FDA, Lupin hasn’t received any reports of illness, but the company is recalling the medication out of an “abundance of caution.” 

The affected medications include:

  • Irbesartan tablets in 75 mg, 150 mg and 300 mg doses
  • Irbesartan and Hydrochlorothiazide tablets in 150 mcg / 12.5 mcg doses
  • Irbesartan and Hydrochlorothiazide tablets in 300 mcg / 12.5 mcg doses 

People who are currently taking the recalled medicine are “advised to continue taking their medication and contact their pharmacist, physician, or medical provider for advice regarding an alternative treatment,” the FDA said.

Lupin is reaching out to wholesalers, distributors and others that carry the medicine and arranging for the return of the recalled products, according to the recall statement.

Customers or distributors can call (855) 769-3988 or (855) 769-3989 from 9 to 5 ET with questions about the recall. 

High blood pressure is extremely common in the US — almost half of all adults (47%) have high blood pressure determined by a 130 or higher systolic reading, an 80 or higher diastolic reading or taking medication, according to the US Centers for Disease Control and Prevention. Uncontrolled high blood pressure raises a person’s risk for heart disease and stroke, and hypertension is also a risk factor for more severe COVID-19

The information contained in this article is for educational and informational purposes only and is not intended as health or medical advice. Always consult a physician or other qualified health provider regarding any questions you may have about a medical condition or health objectives.

Civil Asset Forfeiture Victim Gets His Money Back!

Civil Asset Forfeiture Victim Gets His Money Back!

Ohio: another chain settling for causing opiate crisis: Illegal fentanyl involved in majority of Ohio OD’s for YEARS

As far back as 2017, parts of Ohio were showing up to 99% of OD’s toxicology contained illegal fentanyl.  https://www.pharmaciststeve.com/dayton-ohio-area-99-of-opiate-ods-tested-positive-for-illegal-fentanyl-analog/

While everyone seems to feel obligated to “keep the numbers” of those who have OD’d… no one seems to bother to CORRECTLY COUNT the number of chronic pain pts that die from under/untreated pain either from complications of their comorbidity issues and or they commit SUICIDE…  Here is just one family whose loved one committed suicide from having his opiate dose cut by 55% and decided to seek restitution thru our court system.  https://www.pharmaciststeve.com/7-million-awarded-to-family-of-man-who-killed-himself-after-pain-medication-denied/  there have been other suicides but apparently none of the surviving families have sought restitution via our legal system… and apparently most premature deaths are either classified as “natural causes” or because the person has a Rx for some controlled substances, their death is classified as a “opiate related death” and another death put in the “opiate OD column”.

I am aware of two intractable chronic pain pts who are in need of total knee replacement in both knees and the “opiate management protocol” of the hospitals that their Orthoped surgeon practices at… limits pain management to 90 MME and both of these pts are already above that amount to treat their existing intractable chronic pain and anyone who knows “two cents” about pain management and surgically induced acute pain with a intractable chronic pain pts… is that they are going to need substantially more pain management post surgery.  I know at least one of these pts already have blood pressure in what most would consider “stroke range” and this pt is already taking blood pressure medication, but this pt’s pain intensity of pain is regularly in the upper end of the scale range.  It has been reported that total knee replacement is once of the post painful surgical procedures, can anyone really realize the EXTRA PAIN that these pts are to have to deal with and apparently no one within the surgeon’s office or the hospital wants to listen…   Their “one size fits all” pain management protocols appears to currently be “written in stone”.  Apparently what has historically been labeled as “the practice of medicine” has been revised to “science of medicine” which has no real practical application, since we are all individuals.

Giant Eagle settles pharmacy lawsuits with Ohio counties

https://www.timesunion.com/news/article/Giant-Eagle-settles-pharmacy-lawsuits-with-Ohio-16576147.php

CLEVELAND (AP) — One of the four retail pharmacy companies on trial for their alleged roles in fostering an opioid crisis in two Ohio counties announced Friday it had settled lawsuits filed by 10 government entities in the state that have accused the companies of creating a public nuisance.

The settlement by Pittsburgh-based Giant Eagle includes Lake and Trumbull counties, whose federal lawsuits are being heard in a bellwether trial in Cleveland that began in early October. The other defendants on trial are CVS, Walgreens and Walmart.

Settlement terms were not announced. Another pharmacy chain, Rite-Aid, settled with the two counties in August. Rite-Aid agreed to pay Trumbull County $1.5 million. The amount Lake County will receive has not been disclosed.

Giant Eagle in a joint statement with a committee representing plaintiffs in the national litigation denied causing the opioid crisis but said it recognizes the severity of the crisis, the impact on the public and the “hard work of the public officials working to address the harms.”

“Giant Eagle intends to continue helping the communities in which it operates to address the opioid crisis in a productive way,” the statement said.

In a separate statement, Lake and Trumbull County officials said they are focused on “supporting our necessary action to combat the persistent negative impacts caused by the opioid epidemic.”

U.S. District Judge Dan Polster is overseeing the current trial in Cleveland and supervises nearly 3,000 opioid lawsuits filed by government agencies and tribal entities from across the country.

More than 500,000 people in the U.S. have died from drug overdoses in the last two decades.

The Cleveland trial has been focused on how the companies contributed to the opioid crisis by filling millions of prescriptions for addictive pain killers. All four companies at various times also distributed those drugs to their retail pharmacies.

Around 80 million prescription painkillers were dispensed in Trumbull County between 2012 and 2016 — 400 for every county resident — while 61 million pills were dispensed in Lake County during that five-year period — 265 pills for every resident.

The cost of abating the crisis in each county totals around $1 billion, one of the counties’ attorneys has said.

“We were hit with a tsunami and we were pulling bodies out of the water,” April Caraway, executive director of the Trumbull County Mental Health & Recovery Board, testified earlier this week.

The counties are arguing that the companies’ lax or nonexistent controls and systems for detecting suspicious orders and prescriptions contributed to the crisis. The companies have said their pharmacies filled prescriptions written by doctors for legitimate medical needs.

HHS: help the addict and ignore the deaths of chronic painers from under/untreated pain ?

Is this what you get when our President, VP, AG, Head of HHS are all attorneys… You focus on helping those who are violating the Controlled Substance Act while at the same time you ignore the number of chronic pain pts that are dying prematurely and committing suicide because of grossly under/untreated pain.  How many chronic pain pt’s deaths are really being labeled as a “opiate use disorder death” to help them justify the administration to help try and save those dealing with mental health issues and substance abuse…many of who really don’t want to be helped ?

HHS unveils drug overdose prevention plan to boost accessibility to care

https://thehill.com/policy/healthcare/578737-hhs-unveils-drug-overdose-prevention-plan-to-boost-accessibility-to-care

Health and Human Services (HHS) Secretary Xavier Becerra unveiled on Wednesday the Biden administration’s drug overdose prevention plan, aiming to increase access to care among those with substance use disorders.

The four-part HHS plan focuses on efforts to promote evidence-based prevention, harm reduction, treatment and recovery support among those struggling with drug overuse and their families. 

The strategy comes as HHS released a report finding that more than 840,000 people died from drug overdoses in the U.S. between 1999 and 2019, including about 93,000 last year during the COVID-19 pandemic when overdose fatalities rose. In the report, HHS labels confronting these overdose deaths as “a top priority” for the department. 

The administration intends to funnel more resources into researching testing strips that detect the strong opiate fentanyl sometimes hidden in drugs, supporting syringe distribution and exchange services, and boosting access to opioid overdose reversal treatments such as the drug naloxone. 

Goals for improving prevention range from supporting the advancement of pain management treatments to reducing “clinically inappropriate” prescriptions with “misuse potential.” The plan also aims to develop, improve and extend access to treatments and recovery services for those who currently have a substance use disorder. 

In a statement, Becerra said the strategy is “breaking new ground to address the full range of drug use and addiction.”

“We’re changing the way we address overdoses,” he said. “Our new strategy focuses on people — putting the very individuals who have struggled with addiction in positions of power.”

The Centers for Disease Control and Prevention (CDC) also announced on Wednesday an education campaign focused on reducing overdose deaths. 

The campaign that targets 18- to 34-year-olds plans to teach about the risks of fentanyl and of mixing drugs as well as about naloxone, the drug that serves as an antidote to opioid overdoses.

“This critical information can help all of us save a life from overdose and support people who use drugs in treatment and recovery,” said Debra Houry, acting principal deputy director of CDC.  

The CDC estimates that drug overdose deaths reached new heights last year, with preliminary data showing a record of almost 97,000 deaths in the 12-month period ending in March.  

NARXCARE: a growing NIGHTMARE for pts prescribed controlled substances – endorsed by politicians and DOJ

Over three years ago… I posted this on my blog  Here comes Narxcare – to help manage your potential to abuse certain substances      Other things that I had read about NARXCARE when it was first released, I sensed at the time that NARXCARE was going to be nothing short of a high probability of being a NIGHTMARE for most pts taking controlled substances. According to this new article from Aug, 2021… it would appear that my first opinion(s) were probably pretty close to what now appears to be reality with NARXCARE

Now THREE YEARS LATER  here comes more of the FACTS

The Pain Was Unbearable. So Why Did Doctors Turn Her Away?

https://www.wired.com/story/opioid-drug-addiction-algorithm-chronic-pain/amp

A sweeping drug addiction risk algorithm has become central to how the US handles the opioid crisis. It may only be making the crisis worse.

One evening in July of 2020, a woman named Kathryn went to the hospital in excruciating pain.

A 32-year-old psychology grad student in Michigan, Kathryn lived with endometriosis, an agonizing condition that causes uterine-like cells to abnormally develop in the wrong places. Menstruation prompts these growths to shed—and, often, painfully cramp and scar, sometimes leading internal organs to adhere to one another—before the whole cycle starts again.

For years, Kathryn had been managing her condition in part by taking oral opioids like Percocet when she needed them for pain. But endometriosis is progressive: Having once been rushed into emergency surgery to remove a life-threatening growth on her ovary, Kathryn now feared something just as dangerous was happening, given how badly she hurt.

In the hospital, doctors performed an ultrasound to rule out some worst-case scenarios, then admitted Kathryn for observation to monitor whether her ovary was starting to develop another cyst. In the meantime, they said, they would provide her with intravenous opioid medication until the crisis passed.

On her fourth day in the hospital, however, something changed. A staffer brusquely informed Kathryn that she would no longer be receiving any kind of opioid. “I don’t think you are aware of how high some scores are in your chart,” the woman said. “Considering the prescriptions you’re on, it’s quite obvious that you need help that is not pain-related.”

Kathryn, who spoke to WIRED on condition that we use only her middle name to protect her privacy, was bewildered. What kind of help was the woman referring to? Which prescriptions, exactly? Before she could grasp what was happening, she was summarily discharged from the hospital, still very much in pain.

Back at home, about two weeks later, Kathryn received a letter from her gynecologist’s office stating that her doctor was “terminating” their relationship. Once again, she was mystified. But this message at least offered some explanation: It said she was being cut off because of “a report from the NarxCare database.”

Like most people, Kathryn had never heard of NarxCare, so she looked it up—and discovered a set of databases and algorithms that have come to play an increasingly central role in the United States’ response to its overdose crisis.

Over the past two decades, the US Department of Justice has poured hundreds of millions of dollars into developing and maintaining state-level prescription drug databases—electronic registries that track scripts for certain controlled substances in real time, giving authorities a set of eyes onto the pharmaceutical market. Every US state, save one, now has one of these prescription drug monitoring programs, or PDMPs. And the last holdout, Missouri, is just about to join the rest.

In the past few years, through a series of acquisitions and government contracts, a single company called Appriss has come to dominate the management of these state prescription databases. While the registries themselves are somewhat balkanized—each one governed by its own quirks, requirements, and parameters—Appriss has helped to make them interoperable, merging them into something like a seamless, national prescription drug registry. It has also gone well beyond merely collecting and retrieving records, developing machine-learning algorithms to generate “data insights” and indicating that it taps into huge reservoirs of data outside state drug registries to arrive at them.

NarxCare—the system that inspired Kathryn’s gynecologist to part ways with her—is Appriss’ flagship product for doctors, pharmacies, and hospitals: an “analytics tool and care management platform” that purports to instantly and automatically identify a patient’s risk of misusing opioids.

On the most basic level, when a doctor queries NarxCare about someone like Kathryn, the software mines state registries for red flags indicating that she has engaged in “drug shopping” behavior: It notes the number of pharmacies a patient has visited, the distances she’s traveled to receive health care, and the combinations of prescriptions she receives.

Beyond that, things get a little mysterious. NarxCare also offers states access to a complex machine-learning product that automatically assigns each patient a unique, comprehensive Overdose Risk Score. Only Appriss knows exactly how this score is derived, but according to the company’s promotional material, its predictive model not only draws from state drug registry data, but “may include medical claims data, electronic health records, EMS data, and criminal justice data.” At least eight states, including Texas, Florida, Ohio, and Michigan—where Kathryn lives—have signed up to incorporate this algorithm into their monitoring programs.

For all the seeming complexity of these inputs, what doctors see on their screen when they call up a patient’s NarxCare report is very simple: a bunch of data visualizations that describe the person’s prescription history, topped by a handful of three-digit scores that neatly purport to sum up the patient’s risk.

Appriss is adamant that a NarxCare score is not meant to supplant a doctor’s diagnosis. But physicians ignore these numbers at their peril. Nearly every state now uses Appriss software to manage its prescription drug monitoring programs, and most legally require physicians and pharmacists to consult them when prescribing controlled substances, on penalty of losing their license. In some states, police and federal law enforcement officers can also access this highly sensitive medical information—in many cases without a warrant—to prosecute both doctors and patients.

In essence, Kathryn found, nearly all Americans have the equivalent of a secret credit score that rates the risk of prescribing controlled substances to them. And doctors have authorities looking over their shoulders as they weigh their own responses to those scores.

Even after Kathryn had read up on NarxCare, however, she was still left with a basic question: Why had she been flagged with such a high score? She wasn’t “doctor shopping.” The only other physician she saw was her psychiatrist. She did have a prescription for a benzodiazepine to treat post-traumatic stress disorder, and combining such drugs with opioids is a known risk factor for overdose. But could that really have been enough to get her kicked out of a medical practice?

As Kathryn continued her research online, she found that there was a whole world of chronic pain patients on Twitter and other forums comparing notes on how they’d run afoul of NarxCare or other screening tools. And eventually she came upon an explanation that helped her understand what might have gone wrong: She had sick pets.

At the time of her hospitalization, Kathryn owned two flat-coated retrievers, Bear and Moose. Both were the kind of dog she preferred to adopt: older rescues with significant medical problems that other prospective owners might avoid. Moose had epilepsy and had required surgery on both his hind legs. He had also been abused as a puppy and had severe anxiety. Bear, too, suffered from anxiety.

The two canines had been prescribed opioids, benzodiazepines, and even barbiturates by their veterinarians. Prescriptions for animals are put under their owner’s name. So to NarxCare, it apparently looked like Kathryn was seeing many doctors for different drugs, some at extremely high dosages. (Dogs can require large amounts of benzodiazepines due to metabolic factors.) Appriss says that it is “very rare” for pets’ prescriptions to drive up a patient’s NarxCare scores.

As Kafkaesque as this problem might seem, critics say it’s hardly an isolated glitch. A growing number of researchers believe that NarxCare and other screening tools like it are profoundly flawed. According to one study, 20 percent of the patients who are most likely to be flagged as doctor-shoppers actually have cancer, which often requires seeing multiple specialists. And many of the official red flags that increase a person’s risk scores are simply attributes of the most vulnerable and medically complex patients, sometimes causing those groups to be denied opioid pain treatment. 

The AI that generates NarxCare’s Overdose Risk Score is, to many critics, even more unsettling. At a time of mounting concern over predictive algorithms, Appriss’ own descriptions of NarxCare—which boast of extremely wide-ranging access to sensitive patient data—have raised alarms among patient advocates and researchers. NarxCare’s home page, for instance, describes how its algorithm trawls patient medical records for diagnoses of depression and post-traumatic stress disorder, treating these as “variables that could impact risk assessment.” In turn, academics have published hundreds of pages about NarxCare, exploring how such use of diagnostic records could have a disparate impact on women (who are more likely to suffer trauma from abuse) and how its purported use of criminal justice data could skew against racial minorities (who are more likely to have been arrested).

But the most troubling thing, according to researchers, is simply how opaque and unaccountable these quasi-medical tools are. None of the algorithms that are widely used to guide physicians’ clinical decisions—including NarxCare—have been validated as safe and effective by peer-reviewed research. And because Appriss’ risk assessment algorithms are proprietary, there’s no way to look under the hood to inspect them for errors or biases.

Nor, for that matter, are there clear ways for a patient to seek redress. As soon as Kathryn realized what had happened, she started trying to clear her record. She’s still at it. In the meantime, when she visits a pharmacy or a doctor’s office, she says she can always tell when someone has seen her score. “Their whole demeanor has changed,” she says. “It reminds me of a suspect and a detective. It’s no longer a caring, empathetic, and compassionate relationship. It’s more of an inquisition.”

The United States’ relationship with opioid drugs has always been fraught. We either love them or we hate them. Historically, periods of widespread availability spur addictions, which lead to crackdowns, which lead to undertreatment of pain—and then another extreme swing of the pendulum, which never seems to settle at a happy medium.

The current anti-opioid climate has its roots in the overmarketing of Purdue Pharma’s OxyContin in the mid-1990s. Between 1999 and 2010, opioid prescribing in the US quadrupled—and overdose deaths rose in tandem. To many experts, this suggested an easy fix: If you decrease prescribing, then death rates will decline too.

But that didn’t happen. While the total amount of opioids prescribed fell by 60 percent between 2011 and 2020, the already record-level overdose death rate at least doubled during the same period. Simply cutting the medical supply didn’t help; instead, it fueled more dangerous drug use, driving many Americans to substances like illegally manufactured fentanyl.

The reason these cuts hadn’t worked, some experts believed, was that they had failed to target the patients at highest risk. Around 70 percent of adults have taken medical opioids—yet only 0.5 percent suffer from what is officially labeled “opioid use disorder,” more commonly called addiction. One study found that even within the age group at highest risk, teenagers and people in their early twenties, only one out of every 314 privately insured patients who had been prescribed opioids developed problems with them.

Researchers had known for years that some patients were at higher risk for addiction than others. Studies have shown, for instance, that the more adverse childhood experiences someone has had—like being abused or neglected or losing a parent—the greater their risk. Another big risk factor is mental illness, which affects at least 64 percent of all people with opioid use disorder. But while experts were aware of these hazards, they had no good way to quantify them.

That began to change as the opioid epidemic escalated and demand grew for a simple tool that could more accurately predict a patient’s risk. One of the first of these measures, the Opioid Risk Tool (ORT), was published in 2005 by Lynn Webster, a former president of the American Academy of Pain Medicine, who now works in the pharmaceutical industry. (Webster has also previously received speaking fees from opioid manufacturers.)

To build the ORT, Webster began by searching for studies that quantified specific risk factors. Along with the literature on adverse childhood experiences, Webster found studies linking risk to both personal and family history of addiction—not just to opioids but to other drugs, including alcohol. He also found data on elevated risk from particular psychiatric disorders, including obsessive-compulsive disorder, bipolar disorder, schizophrenia, and major depression.

Gathering all this research together, Webster designed a short patient questionnaire meant to suss out whether someone possessed any of the known risk factors for addiction. Then he came up with a way of summing and weighting the answers to generate an overall score.

The ORT, however, was sometimes sharply skewed and limited by its data sources. For instance, Webster found a study showing that a history of sexual abuse in girls tripled their risk of addiction, so he duly included a question asking whether patients had experienced sexual abuse and codified it as a risk factor—for females. Why only them? Because no analogous study had been done on boys. The gender bias that this introduced into the ORT was especially odd given that two-thirds of all addictions occur in men.

The ORT also didn’t take into account whether a patient had been prescribed opioids for long periods without becoming addicted.

Webster says he did not intend for his tool to be used to deny pain treatment—only to determine who should be watched more closely. As one of the first screeners available, however, it rapidly caught on with doctors and hospitals keen to stay on the right side of the opioid crisis. Today, it has been incorporated into multiple electronic health record systems, and it is often relied on by physicians anxious about overprescription. It’s “very, very broadly used in the US and five other countries,” Webster says.

In comparison to early opioid risk screeners like the ORT, NarxCare is more complex, more powerful, more rooted in law enforcement, and far less transparent.

Appriss started out in the 1990s making software that automatically notifies crime victims and other “concerned citizens” when a specific incarcerated person is about to be released. Later it moved into health care. After developing a series of databases for monitoring prescriptions, Appriss in 2014 acquired what was then the most commonly used algorithm for predicting who was most at risk for “misuse of controlled substances,” a program developed by the National Association of Boards of Pharmacy, and began to develop and expand it. Like many companies that supply software to track and predict opioid addiction, Appriss is largely funded, either directly or indirectly, by the Department of Justice.

NarxCare is one of many predictive algorithms that have proliferated across several domains of life in recent years. In medical settings, algorithms have been used to predict which patients are most likely to benefit from a particular treatment and to estimate the probability that a patient in the ICU will deteriorate or die if discharged.

In theory, creating such a tool to guide when and to whom opioids are prescribed could be helpful, possibly even to address medical inequities. Studies have shown, for instance, that Black patients are more likely to be denied medication for pain, and more likely to be perceived as drug-seeking. A more objective predictor could—again, in theory—help patients who are undermedicated get the treatment they need.

But in practice, algorithms that originate with law enforcement have displayed a track record of running in the opposite direction. In 2016, for example, ProPublica analyzed how COMPAS, an algorithm designed to help courts identify which defendants are most likely to commit future crimes, was far more prone to incorrectly flag Black defendants as likely recidivists. (The company that makes the algorithm disputed this analysis.) In the years since then, the problem of algorithmic unfairness—the tendency of AI to obscure and weaponize the biases of its underlying data—has become a increasingly towering concern among people who study the ethics of AI.

Over the past couple of years, Jennifer Oliva, director of the Center for Health and Pharmaceutical Law at Seton Hall University, has set out to examine NarxCare in light of these apprehensions. In a major recent paper called “Dosing Discrimination,” she argues that much of the data NarxCare claims to trace may simply recapitulate inequalities associated with race, class, and gender. Living in a rural area, for example, often requires traveling longer distances for treatment—but that doesn’t automatically signify doctor shopping. Similarly, while it’s a mystery exactly how NarxCare may incorporate criminal justice data into its algorithm, it’s clear that Black people are arrested far more often than whites. That doesn’t mean that prescribing to them is riskier, Oliva says—just that they get targeted more by biased systems. “All of that stuff just reinforces this historical discrimination,” Oliva says.

Appriss, for its part, says that within NarxCare’s algorithms, “there are no adjustments to the risk scoring to account for potential underlying biases” in its source data. 

Other communications from the company, however, indicate that NarxCare’s underlying source data may not be what it seems.

Early in the reporting of this piece, Appriss declined WIRED’s request for an interview. Later, in an emailed response to specific questions about its data sources, the company made a startling claim: In apparent contradiction to its own marketing material, Appriss said that NarxCare’s predictive risk algorithm makes no use of any data outside of state prescription drug registries. “The Overdose Risk Score was originally developed to allow for ingestion of additional data sources beyond the PDMP,” a spokesperson for the company said, “but no states have chosen to do so. All scores contained within NarxCare are based solely on data from the prescription drug monitoring program.”

Some states do incorporate certain criminal justice data—for instance, drug conviction records—into their prescription drug monitoring programs, so it’s conceivable that NarxCare’s machine-learning model does draw on those. But Appriss specifically distanced itself from other data sources claimed in its marketing material.

For instance, the company told WIRED that NarxCare and its scores “do not include any diagnosis information” from patient medical records. That would seem to suggest, contra the NarxCare homepage, that the algorithm in fact gives no consideration to people’s histories of depression and PTSD. The company also said that it does not take into account the distance that a patient travels to receive medical care—despite a chatty 2018 blog post, still up on the Appriss site, that includes this line in a description of NarxCare’s machine-learning model: “We might give it other types of data that involve distances between the doctor and the pharmacist and the patient’s home.”

These latest claims from Appriss only heighten Oliva’s concerns about the inscrutability of NarxCare. “As I have said many times in my own research, the most terrifying thing about Appriss’ risk-scoring platform is the fact that its algorithms are proprietary, and as a result, there is no way to externally validate them,” says Oliva. “We ought to at least be able to believe what Appriss says on its own website and in its public-facing documents.”

Moreover, experts say, even the most simple, transparent aspects of algorithms like NarxCare—the tallying of red flags meant to signify “doctor-shopping” behavior—are deeply problematic, in that they’re liable to target patients with complex conditions. “The more vulnerable a patient is, the more serious the patient’s illness, the more complex their history, the more likely they are to wind up having multiple doctors and multiple pharmacies,” notes Stefan Kertesz, a professor of medicine and public health at the University of Alabama at Birmingham. “The algorithm is set up to convince clinicians that care of anybody with more serious illness represents the greatest possible liability. And in that way, it incentivizes the abandonment of patients who have the most serious problems.”

To take some of the heat off of these complex patients, Appriss says that its algorithm “focuses on rapid changes” in drug use and deemphasizes people who have maintained multiple prescriptions at stable levels for a long time. But as ever, the company stresses that a NarxCare score is not meant to determine any patient’s course of treatment—that only a doctor can do that.

Doctors, however, are also judged by algorithms—and can be prosecuted if they write more prescriptions than their peers, or prescribe to patients deemed high risk. “I think prescribers have gotten really scared. They are very fearful of being called out,” says Sarah Wakeman, the medical director of the Substance Use Disorder Initiative at Massachusetts General Hospital, an assistant professor of medicine at Harvard, and a doctor who regularly uses NarxCare herself. Research has found that some 43 percent of US medical clinics now refuse to see new patients who require opioids.

Doctors are also, Wakeman says, “just not really sure what the right thing to do is.” A couple of academic surveys have found that physicians appreciate prescription drug registries, as they truly want to be able to identify patients who are misusing opioids. But doctors have also said that some registries can take too much time to access and digest. NarxCare is partly a solution to that problem—it speeds everything up. It distills.

The result of all that speed, and all that fear, says Kertesz, is that patients who have chronic pain but do not have addictions can end up cut off from medication that could help them. In extreme cases, that can even drive some chronic pain sufferers to turn to more dangerous illegal supplies, or to suicide. Among patients with long-term opioid prescriptions, research shows that stopping those prescriptions without providing effective alternative care is associated with nearly triple the risk of overdose death.

“The problem that really infuses the NarxCare discussion is that the environment in which it is being used has an intense element of law enforcement, fear, and distrust of patients,” Kertesz says. “It’s added to an environment where physicians are deeply fearful for their future ability to maintain a profession, where society has taken a particularly vindictive turn against both physicians and patients. And where the company that develops this interesting tool is able to force it onto the screens of nearly every doctor in America.”

As Kathryn became more steeped in online communities of chronic pain patients, one of the people she came into contact with was a 44-year-old woman named Beverly Schechtman, who had been galvanized by her own bad experience with opioid risk screening. In 2017, Schechtman was hospitalized for kidney stones, which can cause some of the worst pain known to humans. In her case, they were associated with Crohn’s disease, a chronic inflammatory disease of the bowel.

Because Crohn’s flare-ups by themselves can cause severe pain, Schechtman already had a prescription for oral opioids—but she went to the hospital that day in 2017 because she was so nauseated from the pain that she couldn’t keep them or anything else down. Like Kathryn, she also took benzodiazepines for an anxiety disorder.

That combination—which is both popular with drug users and considered a risk factor for overdose—made the hospitalist in charge of Schechtman’s care suspicious. Without even introducing himself, he demanded to know why she was on the medications. So she explained that she had PTSD, expecting that this disclosure would be sufficient. Nonetheless, he pressed her about the cause of the trauma, so she revealed that she’d been sexually abused as a child.

After that, Schechtman says, the doctor became even more abrupt. “Due to that I cannot give you any type of IV pain medication,” she recalls him saying. When she asked why, she says he claimed that both IV drug use and child sexual abuse change the brain. “‘You’ll thank me someday, because due to what you went through as a child, you have a much higher risk of becoming an addict, and I cannot participate in that,’” she says she was told.

Schechtman says she felt that the doctor was blaming her for being abused. She was also puzzled.

She had been taking opioids on and off for 20-odd years and had never become addicted. Wasn’t that relevant? And how could it be ethical to deny pain relief based on a theoretical risk linked to being abused? She wasn’t asking for drugs to take home; she just wanted to be treated in the hospital, as she had been previously, without issue.

As would later happen for Kathryn, the experience drove Schechtman onto the internet. “I just became obsessed with researching all of it,” Schechtman says. “I was asking people in these online groups, ‘Have any of you been denied opioids due to sexual abuse history?’ And women were coming forward.”

 Schechtman discovered that the question about sexual abuse history in the ORT unfairly targeted women, but not men. (An updated version of Webster’s tool now excludes the gender difference, but the older one seems to live on in some electronic medical record systems.)

She also found many pain patients who said they had problems with NarxCare. Bizarrely, even people who are receiving the gold standard treatment for addiction can be incorrectly flagged by NarxCare and then denied that very treatment by pharmacists.

Buprenorphine, best known under the brand name Suboxone, is one of just two drugs that are proven to cut the death rate from opioid use disorder by 50 percent or more, mainly by preventing overdose. But because it is an opioid itself, buprenorphine is among the substances that can elevate one’s NarxCare score—though typically it is listed in a separate section of a NarxCare report to indicate that the person is undergoing treatment. That separation, however, doesn’t necessarily prevent a pharmacist from looking at a patient’s high score and refusing to offer them prescriptions.

Ryan Ward, a Florida-based recovery advocate, has taken buprenorphine for nearly a decade. He also has a history of severe back pain and related surgeries. In 2018, when his pharmacy stopped carrying buprenorphine, he tried to fill his prescription at a Walmart and was turned away. Then he visited two CVS’s and three Walgreens, and was similarly stymied.

“I dress nicely. I look nice. And I would be friendly,” he says. “And as soon as they get my driver’s license, oh boy, they would change attitudes. I couldn’t figure out why.”

After panicking that he might plunge into withdrawal—and, ironically, be put at much higher risk of overdose—he changed tactics. He approached a pharmacist at a Publix, first showing her his LinkedIn page, which highlights his advocacy and employment. He described what had happened at the other drugstores.

When she checked the database, she immediately saw the problem: an overwhelmingly high Overdose Risk Score. Unlike her colleagues, however, she agreed to fill the prescription, realizing that it was nonsensical to deny a patient a medication that prevents overdose in the name of preventing overdose. Still, even three years later, if he tries another pharmacy he gets rejected.

Appriss stresses that its data is not supposed to be used in these ways. “Pharmacists and physicians use these scores as indicators or calls-to-action to further review details in the patient’s prescription history in conjunction with other relevant patient health information,” the company wrote in a statement. “The analysis and associated scores are not intended to work as sole determinants of a patient’s risk.” Appriss also says that prescriptions for buprenorphine have increased in areas of the country that use NarxCare.

But like the others, Ward has been unable to get his problem fixed. And since most states now require that physicians and pharmacists use these databases, millions are potentially affected. One survey of patients whose providers have checked these systems found that at least half reported being humiliated and 43 percent reported cuts in prescribing that increased pain and reduced quality of life.

Appriss says on its website that it’s up to each state to deal with patient complaints. Still, few know where to turn. “The states have made it very difficult,” says Oliva. Some don’t even allow for error correction. And when Ward tried contacting Appriss directly, he says, he was ignored.

In the early 2010s, Angela Kilby was seeking a topic for her PhD thesis in economics at MIT. When a member of her family, a doctor in the rural South, told her how tough it was to make decisions about prescribing opioids in a community devastated by overdoses, Kilby felt she had found her subject. She decided to study the doctor’s dilemma by examining how increased control over opioid prescribing actually affected patients. To track health outcomes, she used insurance claim data from 38 states that had implemented prescription monitoring databases at varying times between 2004 and 2014.

Going into her study, Kilby had been swayed by research and press reports—plentiful in an era of “pill mill” crackdowns and backlash against overprescribing—suggesting that opioids are not only addictive but also ineffective and even harmful for patients with chronic pain. She had predicted that reductions in prescribing would increase productivity and health. “I was expecting to see the opposite of what I saw,” she says.

In fact, her research showed that cutting back on medical opioid prescriptions led to increased medical spending, higher levels of pain in hospitalized patients, and more missed workdays. “These are people who are probably losing access to opioids, who are struggling more to return to work after injuries and struggling to get pain treatment,” she says.

Intrigued, she wanted to know more. So in the late 2010s, having become an assistant professor at Northeastern University, she decided to simulate the machine-learning model that generates NarxCare’s most algorithmically sophisticated measure, the Overdose Risk Score.

Although Appriss did not make public the factors that went into its algorithm, Kilby reverse engineered what she could. Lacking access to prescription drug registry data, Kilby decided to use de-identified health insurance claims data, a source that underlies all of the other published machine-learning algorithms that predict opioid risk. Using roughly the same method that Appriss lays out in accounts of its own machine-learning work, she trained her model by showing it cases of people who’d been diagnosed with opioid use disorder after receiving an opioid prescription. She sent it looking for resemblances and risk predictors in their files. Then she turned her model loose on a much larger sample, this time with those opioid-use-disorder diagnoses hidden from the algorithm, to see if it actually identified real cases.

What Kilby found was that while NarxCare’s model may trawl a different data set, it almost certainly shares an essential limitation with her algorithm. 

“The problem with all of these algorithms, including the one I developed,” Kilby says, “is precision.” Kilby’s complete data set included the files of roughly 7 million people who were insured by their employers between 2005 and 2012. But because opioid addiction is so rare in the general population, the training sample that the algorithm could use to make predictions was small: some 23,000 out of all those millions.

Further, 56 percent of that group had addictions before they received their first prescription, meaning that the medication could not have caused the problem—so they had to be excluded from the training sample. (This supports other data showing that most people with opioid addiction start with recreational, rather than medical, use.)

The result was that Kilby’s algorithm generated a large number of both false positive and false negative results, even when she set her parameters so strictly that someone had to score at or above the 99th percentile to be considered high risk. In that case, she found, only 11 percent of high scorers had actually been diagnosed with opioid use disorder—while 89 percent were incorrectly flagged.

Loosening her criteria didn’t improve matters. Using the 95th percentile as a cutoff identified more true positives, but also increased false ones: This time less than 5 percent of positives were true positives. (In its own literature, Appriss mentions these two cutoffs as being clinically useful.)

Kilby’s research also identified an even more fundamental problem. Algorithms like hers tend to flag people who’ve accumulated a long list of risk factors in the course of a lifetime—even if they’ve taken opioids for years with no reported problems. Conversely, if the algorithm has little data on someone, it’s likely to label them low risk. But that person may actually be at higher risk than the long-term chronic pain patients who now get dinged most often.

“There is just no correlation whatsoever between the likelihood of being said to be high risk by the algorithm and the reduction in the probability of developing opioid use disorder,” Kilby explains. In other words, the algorithm essentially cannot do what it claims to do, which is determine whether writing or denying someone’s next prescription will alter their trajectory in terms of addiction. And this flaw, she says, affects all of the algorithms now known to be in use.

In her paper “Dosing Discrimination,” about algorithms like NarxCare, Jennifer Oliva describes a number of cases similar to Kathryn’s and Schectman’s, in which people have been denied opioids due to sexual trauma histories and other potentially misleading factors. The paper culminates in an argument that FDA approval—which is currently not required for NarxCare—should be mandatory, especially given Appriss’ dominance of the market.

The larger question, of course, is whether algorithms should be used to determine addiction risk at all. When I spoke with Elaine Nsoesie, a data science faculty fellow at Boston University with a PhD in computational epidemiology, she argued that improving public health requires understanding the causes of a problem—not using proxy measures that may or may not be associated with risk.

“I would not be thinking about algorithms,” she says. “I would go out into the population to try to understand, why do we have these problems in the first place? Why do we have opioid overdose? Why do we have addictions? What are the factors that are contributing to these problems and how can we address them?”

In contrast, throughout the overdose crisis, policymakers have focused relentlessly on reducing medical opioid use. And by that metric, they’ve been overwhelmingly successful: Prescribing has been more than halved. And yet 2020 saw the largest number of US overdose deaths—93,000—on record, a stunning 29 percent increase from the year before.

Moreover, even among people with known addiction, there is little evidence that avoiding appropriate medical opioid use will, by itself, protect them. “I think undertreated pain in someone with a history of addiction is every bit, if not more, of a risk factor for relapse,” says Wakeman. She calls for better monitoring and support, not obligatory opioid denial.

Appriss has recognized the need to study NarxCare’s effects on the health and mortality of people flagged by the system—and not just whether it results in reduced prescribing. At a recent webinar, the company’s manager of data science, Kristine Whalen, highlighted new data showing that implementation of NarxCare sped up the decline in opioid prescribing in six states by about 10 percent, compared to reductions before it was used. When asked whether the company was also measuring NarxCare’s real-world effects on patients’ lives, Whalen said, “We’re actively looking for additional outcome data sets to be able to do what you are describing.”

For Kathryn, at least, NarxCare’s effect on her life and health has been pretty stark. Aside from her psychiatrist, she says, “I don’t have a doctor because of this NarxCare score.” She worries about what she’ll do the next time her endometriosis flares up or another emergency arises, and she still struggles to get medication to treat her pain.

And it’s not only Kathryn’s own pain prescriptions that require filling. Although her dog Moose died in late 2020, Bear continues to need his meds, and Kathryn has since gone on to adopt another medically demanding dog, Mouse. Some states have recognized the problem of misidentified veterinary prescriptions and require NarxCare to mark them with a paw print or animal icon on health providers’ screens. Apparently, though, those prescriptions can still influence the pet owner’s overall scores—and the next busy pharmacist who peers warily at a computer screen.

Build back BIDEN: Supply Chain Breakdown Preventing Cancer Patients from Getting Life-Saving Drugs

Biden’s America: Supply Chain Breakdown Preventing Cancer Patients from Getting Life-Saving Drugs

https://www.westernjournal.com/bidens-america-supply-chain-breakdown-preventing-cancer-patients-getting-life-saving-drugs/

President Joe Biden’s inept leadership has spawned tragic tentacles as the supply chain shortages he inflamed threaten to kill cancer and COVID-19 patients who are unable to receive life-saving drugs.

The Food and Drug Administration currently lists 109 drugs in short supply nationally.

Three of the top five medications experiencing shortages are drugs used for chemotherapy, heart conditions and antibiotics, CBS News reported Thursday, citing the American Society of Health-System Pharmacists.

One of the scarce drugs is the anti-inflammatory tocilizumab, which is used by both cancer and COVID-19 patients. The scarcity has forced physicians to ration drugs, which means some patients are denied medication.

Dr. Patrick Jackson, an infectious-disease physician at the University of Virginia’s medical center, gives tocilizumab to chemotherapy patients while denying it to COVID patients because there simply isn’t enough to go around.

“It does mean that some patients are getting the drug that I would not ideally want to give them,” Jackson told CBS News.

Brian Spoehlhof, an assistant pharmacy manager at the medical center, said the hospital has no choice but to ration drugs because of the shortage.

“For a lot of patients, it will feel very unfair,” he said. “If I had a solution, we wouldn’t be in this situation.”

Spoehlhof said it’s impossible for him to restock the dwindling inventory because new supplies are not being delivered.

“By the time I come in, we have a new list of new medications that are short,” he told CBS News.

“What would happen if we run out of this, patients can’t get important chemotherapy — and without that chemotherapy they could die.”

The American Medical Association warned that the current drug shortage is an “urgent public health crisis” that “threatens patient care and safety,” CBS News reported.

Pharmacists across the country are also reporting shortages for popular drugs such as insulin, oxycodone and Adderall, which some people need to take every day.

Related:
Video: Frustrated Crane Operator Debunks Biden’s Lie That Backed Up LA Ports Are Working 24/7

Joyce McCroskey, a North Carolina mom, told WBTV-TV in Charlotte that her son had to wait four days for his anti-seizure medication because of the supply shortages.

The pandemic and resulting lockdowns have exacerbated a decade-long drug shortage that began in 2011 when Barack Obama was president.

However, the latest supply chain disruptions have been worsened by Biden’s policies, including an unreasonable vaccine mandate that has resulted in numerous workers quitting or being fired.

This workforce exodus because of the vaccine mandate comes on top of a labor shortage caused by overly generous government handouts during the pandemic.

In addition, numerous hospital workers have quit or were fired because of their opposition to vaccine mandates. This means that in addition to drug shortages, there’s also a frightening labor shortage in the health care sector — in the middle of a pandemic.

Thus, Biden’s vaccine mandate has further stymied a lagging economy and intensified a supply chain disruption that’s preventing cancer and COVID patients from getting the medication they need to survive.

Meanwhile, vaccine mandates are also escalating crime waves in Democrat-run cities as police officers quit or are fired en masse for opposing the forced injections.

But Biden apparently doesn’t mind more lawlessness across America, since he said last week that unvaccinated cops and other first responders should be fired.

More work… little/no staffing increases… med mistakes will increase…. harm to pts will increase

YOU ARE GOING TO DIE!
I am going to kill you.
Perhaps it won’t be me, but it will be a pharmacist.
Perhaps it won’t be you, but it will be someone you know and love.
When the authorities and lawyers and judges and family members ask what happened, I will have to accept responsibility.
It will most likely kill me to know something I did at work, which could have been prevented, directly contributed to your loss.
When those people dig deeper in an attempt to discover how this mistake could have occurred, they will only find gossamer-thin whispers of leads that will ultimately end in a cul-de-sac around the pharmacist, around me.
We all understand the ultimate responsibility for a mistake ends with the pharmacist; the buck stops here and all that drivel.
What if you are put into a losing situation?
What if the circumstances in which you work are beyond your control?
You can only control what you can control.
What if you are set up to fail?
Does anyone care?
No. No one except your pharmacist.
Who is doing her best despite the deck stacked against her.
When any error occurs, whether at your home or in my pharmacy, the common response is to identify the error, discover how it occurred, implement a plan to prevent another error of this type, and learn from it. It’s how we evolve.
Pharmacists must self-report errors made.
Reporting errors in the pharmacy brings about two major results: a citation from the company and a lawyer making sure the company is safe from a lawsuit.
When we report errors, there is a question on the form: “What caused the error?”
The reply of “distractions and not enough help” is met with a scoff from the powers-that-be.
Do they attempt to fix it?
No.
I have spoken truly about what takes place in the pharmacy. On the most basic level, we enter, count, fill, and check prescriptions. That has always been the job. Over the years, new tasks and distractions have been added to our workload, each one increasing the chance for a mistake to occur.
Phones ring off the hook. With corporate-mandated automatic outgoing phone calls, patients call to ask why they received a call or a text. We have to sell products and services. We offer immunizations. We are in an open area of the pharmacy where patients can just shout at us their questions. Drive-thru lanes that ring incessantly are a distraction upon one’s focus and concentration.
Walk into any pharmacy and count the number of bodies behind the counter and match that with the number of stations available.
(Stations include: Drop off window, pick up window, consultation window, drive-thru window, Data Entry workstation, Counting workstation, Pharmacist checking station, and anywhere from 3-10 phone lines available.)
The employees are stretched thin but the corporate budget predicts the amount of help necessary to man the battle stations. Their numbers can’t be wrong, right?
While manning all of these stations, sometimes multiple stations at once, your pharmacist is also checking your prescription for mistakes. Imagine reading a book in a crowded bar with a DJ playing music, a few friends trying to include you in the conversation, your phone going off as your kids are trying to locate you, someone tapping you on the shoulder every few minutes excusing themselves past you on their way to the loo, and random shouts of “GOAL” echoing from the match on the telly.
How much of what you were reading do you remember?
How many times did you restart that page, that paragraph, that sentence?
This is the life your pharmacist leads.
This is the life into which you put your life.
She is set up to fail and one day it will kill someone.
It will not be anyone’s fault she couldn’t remember what she read on that last page in her book, your prescription.
Except hers.
She is set up to fail.
Until pharmacies work to change their work environments for their employees, someone is going to die. Unfortunately, I believe it is going to take such an event to occur before changes happen. Pharmacies will file it under “cost of doing business”.
Shouldn’t you want something better for yourself, for your loved ones than to be considered a “cost of doing business”?
Focus is paramount in our profession. We are the last line of defence between your prescriber and an awful day.
Now another scenario for you. Imagine yourself lying on an operating table. We’ve all seen the movies where the staff are all in their precise locations, assisting with the procedure, monitoring the monitors. We usually have a surgeon, assistant, nurse, tech, and anesthesiologist. Each person has a specific job to do. Now imagine the hospital cut the staff in the OR down to just the surgeon and one nurse. Someone has to hand the surgeon his instruments. Someone has to monitor the vitals. Someone has to administer the anesthesia. Someone has to prep the patient and be on hand for calling in help when needed.
As the procedure starts and these two lonesome souls are wrists deep in your chest cavity, the phone rings in the OR and the surgeon has to answer it because the nurse stepped aside to call for a radiologist. Someone needs to know what’s taking so long and where the vending machine is located in the waiting room. Oh, and a family member just poked her head in the door asking “how much longer?’ because they have dinner reservations in 10 minutes.
Is this a most absurd scenario? A professional team being decimated to save a few dollars for the hospital?
Yes.
Is this what your pharmacists and their teams deal with on a daily basis?
Yes.
Is this an exaggeration?
No. Not really at all.
For 12 hours a day this is what we do with skeleton crews.
Is that the environment in which you want your pharmacy staff to work?
Apparently it is because patients like to yell and scream at the pharmacy staff for taking too long and don’t consider the repercussions if their interruptions lead to a mistake.
Until someone dies, no one will care.
Except your pharmacist.
Unfortunately, when I discover I killed you, my life will end.
I will not be able to live with myself knowing what I did.
I will have to surrender my licence and leave the profession I love.
The pharmacy? No remorse.
Maybe a statement from their media mouthpiece about “thoughts and prayers” and how “that pharmacist no longer works for us”.
But that’s it.
They won’t change a damn thing.
Until we demand it.
Actually, until YOU demand it.
Your pharmacists have been demanding it for years. But they don’t listen to us. In their eyes, we are not smart enough to understand budgets and staffing demands.
I don’t want to kill you.
I don’t want to hurt you or anyone you love.
Please understand this.
I am going to kill you.
I don’t want to, but it will happen.
PLEASE SHARE
(A note from CP: I emailed a copy of this letter this morning to all Boards of Pharmacy and a few journalists. Please consider sharing with them as well.)
***
I STOLE THIS. I did not ask permission, I don’t know who the author is. All I know is that it was written by a pharmacist and that pharmacist is not someone that I know. I copied and pasted. I am not a pharmacist, but I have a very active conscience. If this happens and something that I have done or not done had contributed to it I know I will be devastated. This is happening everywhere. The associations that I belong to are nationwide. Independent Pharmacies are getting shut down and shut out. I read somewhere recently that there are around 20,000 independent pharmacies Nationally. I didn’t confirm that figure, but it is frightening. Pharmacy Benefit Managers are dictating prices and reimbursements and where you can get your prescriptions filled. Even if it is by saying you have to go to CVS instead of xyz pharmacy to get the cheapest price. It is becoming a monopoly. Making a patient go mail order instead of retail is another way. I don’t need to work this crappy job, I certainly don’t do it for the money. I am still holding out hope that things will get turned around. I am not big on government control of things, but they have let it slide too far and too long. I will be fine. Will you?
10/16/21 update things have actually gotten worse this last year with Covid vaccines, Covid testing, and sooooo many phone calls with questions about Covid daily. Supply issues and lack of applicants for jobs is nationwide. Recently I posted about two young children in Indiana who received the Covid vaccine in error. Sadly this is not the only instance of such errors. In an effort to turn PATIENTS into CUSTOMERS pharmacy chains are continually adding ways to make pharmacies more like stores than health care. Can you think of any other business where someone who doesn’t work there would tell you that something you wanted would be ready when you got there? Does the undertaker tell the bereaved that the florest will have the flowers ready for them when they get to the store because they emailed an order in? It’s absurd!

New Limitations on Chain Pharmacy Quotas in California

New Limitations on Chain Pharmacy Quotas in California

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Retail chain pharmacies should be aware of California’s recent passage of SB 362, signed into law by Governor Gavin Newson late last month, and the potential impact of the law on how chains evaluate their pharmacy staff and track individual productivity. At a high level, the law bars using “quota” metrics that track the number of times individual pharmacists and pharmacy technicians perform tasks or provide services while on duty. These quota systems have historically been used by various national retail pharmacy chains to track staff productivity and inform business operations. The bill cites various rationales for instituting quota prohibitions, including “overwhelming workloads” for pharmacists expected to meet certain fixed quotas and the associated negative impact on patient care. Of note, the bill noted that the Board of Pharmacy lacks the ability to determine whether to discipline non-compliant individual licensees or penalize pharmacies for created work environments that “leave little choice but noncompliance.”

The new law updates the California Business and Professions Code by adding two new Sections– 4113.7 and 4317. Section 4113.7 prohibits chain community pharmacies from establishing, utilizing, or communicating a quota. A “quota” is defined as a “fixed number or formula related to the duties for which a pharmacist or pharmacy technician license is required, against which the chain community pharmacy or its agent measures or evaluates the number of times either an individual pharmacist or pharmacy technician performs tasks or provides services while on duty related to any of the following:

  • Prescriptions filled;
  • Services rendered to patients;
  • Programs offered to patients; and
  • Revenue obtained.”

CA BUS & PROF § 4113.7(c)(1)(A-D).

Section 4317 grants the California Board of Pharmacy authority to take enforcement action against a violating pharmacy unless the pharmacy can show clear and convincing evidence that the quotas were used contrary to its policy.

Importantly, there are certain limiting factors to this quota prohibition. First, the restrictions only apply to “chain community pharmacies,” defined by California as “a chain of 75 or more stores in California under the same ownership.” CA BUS & PROF § 4001(c). Second, the following are not considered “quotas” and are therefore still permissible activities for applicable pharmacies:

  • Revenue measurements for a particular pharmacy that are not calculated or measured by tasks performed/services provided by individual pharmacy staff;
  • Evaluations of pharmacy staff competence, performance, or quality of care provided to patients so long as quotas are not used;
  • Any performance metric required by state or federal regulators that does not use quotas; and
  • Pharmacy policy and procedures that assist with assessing pharmacy staff competency and performance so long as quotas are not used.

CA BUS & PROF § 4113.7(c)(2)—(d).

In sum, large pharmacy chains may need to evaluate changes to their tracking and evaluation process for California-based pharmacy staff. However, it is important to note that SB 362 still gives California chain pharmacies room to evaluate employees and quantify productivity so long as the evaluation procedure falls in line with the delineated exceptions. Additionally, the law appears to only bar quotas used for individual pharmacy staff, meaning that pharmacy chains could arguably still use quota-type metrics to track performance on a pharmacy or entity level.