Prescription Drug AbuseFlorida’s Health Crisis

Office of the Attorney GeneralDave Aronberg

Special Prosecutor, Prescription Drug Trafficking

Overview• Prescription drug diversion is the #1 public

safety threat confronting Floridians today.• Florida has become the epicenter for the

availability and abuse of controlled prescription drugs.

• Prescription drugs are now responsible for killing 7 Floridians per day, and has been on an upward trend for the past six years.

Increasing Oxycodone Deaths

What are Pill Mills?• A “pill mill” is a doctor’s office, clinic, or

health care facility that routinely conspires in the prescribing and dispensing of controlled substances outside the scope of the prevailing standards of medical practice in the community or violates the laws of the state of Florida regarding the prescribing or dispensing of controlled prescription drugs.

Pill Mill Tip-Offs• Non-traditional medical office locations• No insurance accepted• Security guard at front door• Out of state license plates in parking lot• Parking lot loitering• Long lines inside and outside• Lack of medical equipment• Treatment options limited to pills only• Affiliations with specific pharmacies• Recent business name changes• Angry dog behind counter

Extent of the Problem• Between 2003 and 2009, the number of deaths

caused by at least one prescription drug more than doubled.

• Among young people ages 12-17, prescription drugs have become the second most abused illegal drug, behind marijuana.

Percent of Primary Addiction Treatment Admissions for Rx Opioids (All Substances): Florida 1998-2010

1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 20100.0%

5.0%

10.0%

15.0%

20.0%

25.0%

2.1% 2.6% 3.4%4.8% 4.8% 4.2%

5.4% 5.4%7.3%

8.3%

10.7%

15.8%

19.1%Rx Opioids as % of All Admissions

Source: Dr. Jim Hill, Center for the Study and Prevention of Substance Abuse - Nova Southeastern University

ACTIVE & REGISTERED FLORIDA PAIN CLINICSMarch 31, 2011 JACKSONVILLE

Total: 96Duval: 51Marion: 10St. Johns: 9Clay: 8Alachua: 4Flagler: 4Nassau: 4Putnam: 4Levy: 2

ORLANDOTotal: 151

Orange: 49Volusia: 27Brevard: 15Seminole: 13Lake: 12Osceola: 12St. Lucie: 12Martin: 6Indian River: 5

TAMPA BAYTotal: 209

Hillsborough: 107Pinellas: 35Pasco: 30Polk: 13Hernando: 12Citrus: 8Sumter: 3

FORT MYERSTotal: 93

Lee: 30Sarasota: 24Manatee: 17Collier: 10Charlotte: 8Highlands: 2Okeechobee: 2

MIAMITotal: 269

Broward: 99Palm Beach: 89Dade: 80Monroe: 1

Source: Florida Department of Health

Statewide Total = 854

PENSACOLATotal: 26

Escambia: 8Santa Rosa: 8Bay: 4Okaloosa: 4Jackson: 1Walton: 1

TALLAHASSEETotal: 12

Leon: 5Columbia: 3Franklin: 1Suwannee: 3

FL OH GA MD CA TN KY PA NV NC Remaining States -

5,000,000

10,000,000

15,000,000

20,000,000

25,000,000

30,000,000

35,000,000

40,000,000

45,000,000

41,285,772

1,021,933 794,124 489,942 302,873 255,442 240,768 231,877 188,102 174,208 1,102,120

Nationwide Comparison of Oxycodone Purchases by PractitionersJanuary - June 2010

Florida Remaining States -

5,000,000

10,000,000

15,000,000

20,000,000

25,000,000

30,000,000

35,000,000

40,000,000

45,000,000

41,285,772

4,801,389

Nationwide Comparison of Oxycodone Purchases by PractitionersJanuary - June 2010

Uni

ts P

urch

ased

Jaclyn Kinkade in April 2008

• June 2008: Receives first prescription. 180 Oxycodone, 30mg each.

• July 2008: Second prescription 210 Oxycodone, 100 Percocet, 100 Xanax, 60 Soma.

Jaclyn Kinkade in November 2008

Jaclyn Kinkade in November 2009

Jaclyn Kinkade in February

2010

Four months later,she was found

dead of an overdose.

In less than two years . . .

Faces of Methamphetamine

Faces of Methamphetamine

Attorney General’s Statewide Strategy

1. Criminal2. Civil3. Administrative4. Legislative5. Prevention

Regulating Pain Management• As of October 1, 2010, pain clinics must register with the

Department of Health (DOH) and, in some cases, the Agency for Healthcare Administration.

• DOH regulates pain clinics that are owned by a medical and osteopathic physician.

• AHCA regulates pain clinics that are not fully owned by medical and osteopathic physicians.

• Pill Mills are attempting to evade our new laws and regulations:

“Wellness Centers”“Urgent Care Centers”“Rejuvenation Clinics”

“Detox Centers”“Massage”

Regulating Pain Management• "Pain-management clinic" or "clinic" means any

publicly or privately owned facility:

(i) That advertises in any medium for any type of pain management services; or

(ii) Where in any month a majority of patients are prescribed opioids, benzodiazepines, barbiturates, or carisoprodol for the treatment of chronic nonmalignant pain.

Regulating Pain Management:HB 7095

• A doctor who violates the standard of care “shall be suspended for [up to] 6 months and pay a fine of [up to] $10,000 per count.”

• Prescriptions for controlled substances must be written electronically or on approved tamper-proof pads.

• Bans most physician dispensing of Schedule II & III drugs.• Requires “community” pharmacies to be re-permitted by July

2012 to dispense Schedule II & III drugs.• Strengthens the Prescription Drug Monitoring Program

(PDMP) by requiring data to be submitted within 7 days, instead of 15 days.

Local Moratoria• Temporary moratoria have helped communities limit

the growth of pill mills that fuel continued prescription drug abuse.  

• As of December 2010, there are more than 30 cities and counties that have passed local ordinances prohibiting new pain clinics.

• These successes belong to those in the community – local officials, concerned citizens, anti-drug coalitions, law enforcement agencies and others who are taking a pro-active approach.

Prescription Drug Monitoring Program• FS 893.055 creates the PDMP and the accompanying

Public Records law, FS 893.0551, that limits access to confidential and private information in the PDMP database.

• Requires dispensing practitioners to report dispensed II – IV controlled drugs to the database no later than 7 days from the date of dispensing.

• The PDMP allows practitioners to: • request access to the patient’s prescription history

information during office visit to ensure better patient standard of care

• avoid prescribing medications that may be dangerous when taken in combination with other medications

• identify possible “doctor shoppers”

Conclusion• The proliferation of pain clinics that dispense

and prescribe legal opiates such as Oxycodone, has helped fuel the problem of prescription drug diversion and has made Florida the “pill mill” for the entire country.

• Prescription drug diversion costs lives, increases crime, and accelerates costs connected to treatment, medical expenses and Medicaid fraud.

PAUL VIDELA/pvidela@bradenton.com Local residents gathered along Manatee Avenue outside of the 1910 Medical Clinic, a pain management clinic, to protest.

Office of the Attorney General

Dave AronbergSpecial Prosecutor, Prescription Drug Trafficking

dave.aronberg@myfloridalegal.com(561) 837-5000