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Testimony:

Before the Subcommittee on Health, Committee on Energy and Commerce, 
House of Representatives:

United States General Accounting Office:

GAO:

For Release on Delivery Expected at 1:00 p.m. EST:

Thursday, March 4, 2004:

Prescription Drugs:

State Monitoring Programs May Help to Reduce Illegal Diversion:

Statement of Marcia Crosse:

Director, Health Care--Public Health and Military Health Care Issues:

GAO-04-524T:

GAO Highlights:

Highlights of GAO-04-524T, a testimony before the Subcommittee on 
Health, Committee on Energy and Commerce, House of Representatives 

Why GAO Did This Study:

The increasing diversion of prescription drugs for illegal purposes or 
abuse is a disturbing trend in the nation’s battle against drug abuse. 
Diversion can include such activities as prescription forgery and 
“doctor shopping” by individuals who visit numerous physicians to 
obtain multiple prescriptions. The most frequently diverted 
prescription drugs are controlled substances that are prone to abuse, 
addiction, and dependence, such as hydrocodone (the active ingredient 
in Lortab and many other drugs) and oxycodone (the active ingredient 
in OxyContin and many other drugs).

Some states use prescription drug monitoring programs to control 
illegal diversion of prescription drugs that are controlled 
substances. 

GAO was asked to examine 
(1) how state monitoring programs compare in terms of their objectives 
and operation and 
(2) the impact of state monitoring programs on illegal diversion of 
prescription drugs. 

This testimony is based on GAO’s report, Prescription Drugs: State 
Monitoring Programs Provide Useful Tool to Reduce Diversion,
GAO-02-634 (May 17, 2002). In that report, the programs in Kentucky, 
Utah, and Nevada were selected for more in-depth study because they 
were the most recently established programs at the time.

What GAO Found:

GAO found that the 15 state monitoring programs in place in 2002 
differed in their objectives and operation. The programs were intended 
to facilitate the collection, analysis, and reporting of information 
about the prescribing, dispensing, and use of controlled substances. 
They provided data and analysis to state law enforcement and 
regulatory agencies to assist in identifying and investigating 
activities potentially related to illegal drug diversion. The programs 
could be used by physicians to check a patient’s prescription drug 
history to determine if the individual was doctor shopping to seek 
multiple controlled substances. Some programs also offered educational 
programs for the public, physicians, and pharmacists regarding the 
nature and extent of the problem and medical treatment options for 
abusers of diverted drugs. The programs varied primarily in terms of 
the specific drugs they covered and the type of state agency in which 
they were housed. Some programs covered only those prescription drugs 
that are most prone to abuse and addiction, whereas others provided 
more extensive coverage. In addition, most programs were administered 
by a state law enforcement agency, a state department of health, or a 
state board of pharmacy. 

GAO also found that state monitoring programs may have realized 
benefits in their efforts to reduce drug diversion. These included 
improving the timeliness of law enforcement and regulatory 
investigations. Each of the three states studied reduced its 
investigation time by at least 80 percent. In addition, law 
enforcement officials told GAO that they view the programs as a 
deterrent to doctor shopping, because potential diverters are aware 
that any physician from whom they seek a prescription may first 
examine their prescription drug utilization histories based on 
monitoring program data. For example, as drug diverters became aware 
of Kentucky’s ability to trace their drug histories, they tended to 
move their diversion activities to nearby nonmonitored states.

www.gao.gov/cgi-bin/getrpt?GAO-04-524T.

To view the full product, including the scope and methodology, click 
on the link above. For more information, contact Marcia Crosse at 
(202) 512-7119.

[End of section]

Mr. Chairman and Members of the Subcommittee:

I am pleased to be here today and thank you for the opportunity to 
discuss our work on state prescription drug monitoring programs and 
their use in addressing the diversion of prescription drugs for illegal 
use.

The increasing diversion of prescription drugs for illegal purposes or 
abuse is a disturbing trend in the nation's battle against drug 
abuse.[Footnote 1] Diversion activities can include "doctor shopping" 
by individuals who visit numerous physicians to obtain multiple 
prescriptions, illegal sales of prescription drugs by physicians or 
pharmacists, prescription forgery, and purchasing drugs from Internet 
pharmacies without valid prescriptions. The most frequently diverted 
prescription drugs are controlled substances[Footnote 2] that are prone 
to abuse, addiction, and dependence,[Footnote 3] such as hydrocodone 
(the active ingredient in Lortab and many other drugs), diazepam 
(Valium), methylphenidate (Ritalin), and oxycodone (the active 
ingredient in OxyContin and many other drugs). According to the Drug 
Enforcement Administration (DEA), increases in the extent of 
prescription drug abuse and in emergency room visits related to 
prescription drug abuse, as well as an increase in the theft and 
illegal resale of prescription drugs, indicate that drug diversion is a 
growing problem nationwide.

Some states operate prescription drug monitoring programs as a means to 
control the illegal diversion of prescription drugs. My remarks today 
will focus on (1) how state monitoring programs compare in terms of 
their objectives and operation and (2) the overall impact of state 
monitoring programs on illegal diversion of prescription drugs. My 
comments are based on our May 2002 report on state monitoring programs 
and their usefulness as a tool for reducing diversion.[Footnote 4] For 
that report we reviewed information from DEA and the National Alliance 
for Model State Drug Laws on the features of existing programs. To gain 
a more in-depth understanding of these programs and the challenges they 
face, we also studied the programs in Kentucky, Nevada, and Utah. We 
selected these three states because at the time they had the most 
recently established programs.

In brief, we found that 15 states operated monitoring programs in 2002 
as a means to control the illegal diversion of prescription drugs that 
are controlled substances.[Footnote 5] Although these programs were all 
intended to facilitate the collection, analysis, and reporting of 
information about the prescribing, dispensing, and use of controlled 
substances, they differed in their objectives and operation. They all 
provided data and analysis to state law enforcement and regulatory 
agencies in order to assist in identifying and investigating activities 
potentially related to the illegal prescribing, dispensing, and 
procuring of controlled substances. Further, some programs could be 
used by physicians to check a patient's prescription drug history to 
determine if the individual may have been doctor shopping to seek 
multiple controlled substances. Some programs also offered educational 
programs for the public, physicians, and pharmacists regarding the 
nature and extent of the problem and medical treatment options for 
abusers of diverted drugs. The operation of the monitoring programs 
varied primarily in terms of the specific drugs they covered and the 
type of state agency in which they were housed. Some programs covered 
only those prescription drugs that are most prone to abuse and 
addiction, whereas others provided more extensive coverage. In 
addition, most programs were administered by a state law enforcement 
agency, a state department of health, or a state board of pharmacy.

We found that state monitoring programs realized benefits in their 
efforts to reduce drug diversion. These included improving the 
timeliness of law enforcement and regulatory investigations. Each of 
the three states we studied reduced its investigation time by at least 
80 percent. In addition, law enforcement officials told us that they 
view the programs as a deterrent to doctor shopping, because potential 
diverters are aware that any physician from whom they seek a 
prescription may first examine their prescription drug utilization 
histories based on monitoring program data. For example, as drug 
diverters became aware of Kentucky's ability to trace their drug 
histories, they tended to move their diversion activities to nearby 
nonmonitored states.

Background:

The diversion and abuse of prescription drugs are associated with 
incalculable costs to society in terms of addiction, overdose, death, 
and related criminal activities. DEA has stated that the diversion and 
abuse of legitimately produced controlled pharmaceuticals constitute a 
multibillion-dollar illicit market nationwide. One recent example of 
this growing diversion problem concerns the controlled substance 
oxycodone, the active ingredient in over 20 prescription drugs, 
including OxyContin, Percocet, and Percodan. OxyContin is the number 
one prescribed narcotic medication for treating moderate-to-severe pain 
in the United States.[Footnote 6] Currently, a single 20-milligram 
OxyContin tablet legally selling for about $2 can be sold for as much 
as $25 on the illicit market in some parts of Kentucky.

Combating the illegal diversion of prescription drugs while ensuring 
that the pharmaceuticals remain available for those with legitimate 
medical need involves the efforts of both federal and state government 
agencies. The Controlled Substances Act of 1970[Footnote 7] provides 
the legal framework for the federal government's oversight of 
transactions involving the sale and distribution of controlled 
substances at the manufacturer and wholesale distributor levels. The 
states address these issues through their regulation of the practice of 
medicine and pharmacy.

Controlled Substances Act:

The Controlled Substances Act established a classification structure 
for drugs and chemicals used in the manufacture of drugs that are 
designated as controlled substances.[Footnote 8] Controlled substances 
are classified by DEA into five schedules on the basis of their 
medicinal value, potential for abuse, and safety or dependence 
liability. Schedule I drugs--including heroin, marijuana, and 
hallucinogens such as LSD and PCP--have a high potential for abuse and 
no currently accepted medical use. Schedule II drugs--including 
methylphenidate (Ritalin) and opiates such as hydrocodone, morphine, 
and oxycodone--have a high potential for abuse among drugs with an 
accepted medical use and may lead to severe psychological and physical 
dependence. Drugs on schedules III through V have accepted medical uses 
and successively lower potentials for abuse and dependence. Schedule 
III drugs include anabolic steroids, codeine, hydrocodone in 
combination with aspirin or acetaminophen, and some barbiturates. 
Schedule IV contains such drugs as the antianxiety medications diazepam 
(Valium) and alprazolam (Xanax). Schedule V includes preparations such 
as cough syrups with codeine. All scheduled drugs except those in 
schedule I are legally available to the public with a 
prescription.[Footnote 9]

Under the act, DEA provides legitimate handlers of controlled 
substances--including manufacturers, distributors, hospitals, 
pharmacies, practitioners, and researchers--with registration numbers, 
which are used in all transactions involving controlled substances. 
Registrants must comply with a series of regulatory requirements 
relating to drug security and accountability through the maintenance of 
inventories and records. Although all registrants, including 
pharmacies, are required to maintain records of controlled substance 
transactions, only manufacturers and distributors are required to 
report their transactions involving schedule II drugs and schedule III 
narcotics, including sales to the retail level, to DEA. The data 
provided to DEA are available for use in monitoring the distribution of 
controlled substances throughout the United States, in identifying 
retail-level registrants that received unusual quantities of controlled 
substances, and in investigations of illegal diversions at the 
manufacturer and wholesaler levels. Although data are reported to DEA 
regarding purchases by pharmacies, the act does not require the 
reporting of dispensing information by pharmacies at the patient level 
to DEA.

State Regulation of the Practice of Medicine and Pharmacy:

State laws govern the prescribing and dispensing of prescription drugs 
by licensed health care professionals. State medical practice laws 
generally delegate the responsibility of regulating physicians to state 
medical boards, which license physicians and grant them prescribing 
privileges.[Footnote 10] In addition, state medical boards investigate 
complaints and impose sanctions for violations of the state medical 
practice laws. States regulate the practice of pharmacy based on state 
pharmacy practice acts and regulations enforced by the state boards of 
pharmacy. The state boards of pharmacy are also responsible for 
ensuring that pharmacists and pharmacies comply with applicable state 
and federal laws and for investigating and disciplining those that fail 
to comply. According to the National Association of Boards of Pharmacy, 
all state pharmacy laws require that records of prescription drugs 
dispensed to patients be maintained and that state pharmacy boards have 
access to the prescription records.

State Monitoring Programs Varied in Objectives and Operation:

State prescription drug monitoring programs varied in their objectives 
and operation. While all programs were intended to help law enforcement 
identify and prevent prescription drug diversion, some programs also 
included education objectives to provide information to physicians, 
pharmacies, and the public. Program operation also varied across 
states, in terms of which drugs were covered and how prescription 
information was collected. Which agency, such as a pharmacy board or 
public health department, was given responsibility for the program also 
varied across states. Additionally, methods for analyzing the data to 
detect potential diversion activity differed among state programs.

State monitoring programs are intended to facilitate the collection, 
analysis, and reporting of information on the prescribing, dispensing, 
and use of prescription drugs within a state. The first state 
monitoring program was established in California in 1940, and the 
number of programs has grown slowly. We reported that the number of 
states with programs has grown from 10 in 1992 to 15 in 2002; the 
number of programs stands at 16 in 2004.

We found that state programs varied in their objectives. All states 
used monitoring programs primarily to assist law enforcement in 
detecting and preventing drug diversion, and but some also used the 
programs for educational purposes. Programs assisted law enforcement 
authorities both by providing information in response to requests for 
assistance on specific investigations and by referring matters to law 
enforcement officials when evaluations of program data revealed 
atypical prescribing or dispensing patterns that suggested possible 
illegal diversion. The programs evaluated prescribing patterns to 
identify medical providers who may have been overprescribing and inform 
them that their patterns were unusual. They also identified patients 
who may have been abusing or diverting prescription drugs and provided 
this information to practitioners. For example, the programs in Nevada 
and Utah sent letters to physicians containing patient information that 
could signal potential diversion activity, including the number and 
types of drugs prescribed to the patient during a given time period and 
the pharmacies that dispensed the drugs. Monitoring programs have also 
been used to educate physicians, pharmacies, and the public about the 
existence and extent of diversion, diversion scams, the drugs most 
likely to be diverted by individuals, and ways to prevent drug 
diversion.

Monitoring programs also differed in operational factors, some of which 
have cost implications. These factors included the choice of controlled 
substance schedules monitored, approaches to analyzing and using data, 
computer programming choices, number and type of staff and contractors, 
turnaround times and report transmittal methods, and number and type of 
requests for information.

State programs varied in the controlled substances they covered, in 
part because of differences in available resources and other state-
specific factors such as level of drug abuse. Two of the states we 
studied--Kentucky and Utah--covered schedules II through V. These 
states' program officials told us that covering those schedules allowed 
them flexibility to respond if drugs on other schedules became targets 
for diversion. Most experts agree that covering all controlled 
substance schedules prevents drug diverters from avoiding detection by 
bypassing schedule II drugs and switching to drugs in other schedules.

States used different approaches to analyze the prescription 
information they received. A few states used a proactive approach, 
routinely analyzing prescription data collected by the programs to 
identify individuals, physicians, or pharmacies that had unusual use, 
prescribing, or dispensing patterns that could suggest potential drug 
diversion, abuse, or doctor shopping. Trend analyses were shared with 
appropriate entities, such as law enforcement, practitioners, and 
regulatory and licensing boards. In contrast, most state programs 
generally used the prescription data in a reactive manner to respond to 
requests for information. These requests may have come from physicians 
or from law enforcement or state officials based on leads about 
potential instances of diversion. According to state program officials, 
most programs operated in a reactive fashion because of the increased 
amount of resources required to operate a proactive system.

Some state programs had electronic reporting systems, while others were 
paper-based. If data are reported electronically, there are ongoing 
computer maintenance and programming choices and their attendant costs. 
Similarly, some state programs engaged private contractors to collect 
and maintain the data, while others did so in-house. If a private 
contractor collects the raw data from dispensers and converts them to a 
standardized format, the program pays annual contracting costs for 
database maintenance. Kentucky and Nevada privately contracted with the 
same company to collect data for their program databases. Utah, in 
contrast, collected and maintained drug dispensing data in-house, using 
its own software and hardware.

The number and type of staff a state chose to operate its monitoring 
program also varied. In 2002, Kentucky's program employed four full-
time and four part-time staff to help ensure the accuracy of its 
reports, including a pharmacist-investigator who reviewed each report 
before it was sent. Nevada's program operated with one employee because 
a private contractor collected the data. In contrast, in 2002 Utah's 
program, with three full-time employees and no private contractor, had 
one program administrator who collected all dispensing data, converted 
them to a standardized format for monitoring, and maintained the 
database. The two other staff answered requests.

If the program seeks to provide more timely responses to report 
requests, such as same-day responses, the costs involved in returning 
the response to the requester may increase. For example, in 2001 
Kentucky spent up to $12,000 in 1 month for faxing reports. Monitoring 
program officials from Kentucky, Nevada, and Utah told us in 2002 that 
they estimated 3-to 4-hour turnaround times for program data requests, 
and all mainly used faxing, rather than more costly mailing, to send 
reports to requesters. Same-day responses may be preferable for 
physicians who want the prescription drug history for a patient being 
seen that day and for law enforcement users who need immediate data for 
investigations of suspected illegal activity.

As users become more familiar with the benefits of monitoring program 
report data, requests for information and other demands on the programs 
may increase. In Kentucky, Nevada, and Utah, use had increased 
substantially, mostly because of an increase in the number of requests 
by physicians to check patients' prescription drug histories. In 
Kentucky, these physician requests increased from 28,307 in 2000, the 
first full year of operation, to 56,367 in 2001, an increase of nearly 
100 percent. Law enforcement requests increased from 4,567 in 2000 to 
5,797 in 2001, an increase of 27 percent. Similarly, Nevada's requests 
from all authorized users also increased--from 480 in 1997, its first 
full year, to 6,896 in 2001, an increase of about 1,300 percent.

Additionally, as drug marketing practices change and monitoring 
programs mature, the operational needs may shift as well. For example, 
states face new challenges with the advent of Internet pharmacies, 
because they enable pharmacies and physicians to anonymously reach 
across state borders to prescribe, sell, and dispense prescription 
drugs without complying with state requirements.[Footnote 11] In 
addition, if users want program reports to reflect more timely 
information, dispensing entities would have to report their data at the 
time of sale, rather than submitting data biweekly or monthly, to 
capture the most recent prescription dispensing. If users want to be 
alerted if a certain drug, practitioner, or pharmacy may be involved in 
a developing diversion problem, programs would have to initiate 
periodic data analysis to determine trends or patterns. Such program 
enhancements would entail additional costs, however, including costs 
for computer programming, and data analysis.

States that are considering establishing or expanding a monitoring 
program face a variety of other challenges. One challenge is the lack 
of awareness of the extent to which prescription drug abuse and 
diversion is a significant public health and law enforcement problem. 
States also face concerns about the confidentiality of the information 
gathered by the program, voiced by patients who are legitimately using 
prescription drugs and by physicians and pharmacists who are 
legitimately prescribing and dispensing them. Another challenge states 
face is securing adequate funding to initiate and develop the program 
and to maintain and modify it over time.[Footnote 12]

State Monitoring Programs Have Helped Shorten Investigation Times and 
May Reduce Illegal Drug Diversion:

We found that states with monitoring programs have experienced 
considerable reductions in the time and effort required by law 
enforcement and regulatory investigators to explore leads and the 
merits of possible drug diversion cases. We also found that the 
presence of a monitoring program in a state may help reduce illegal 
drug diversion there, but that diversion activities may increase in 
contiguous states without programs.

The ability of the programs to focus law enforcement and regulatory 
investigators who are working on suspected drug diversion cases on 
specific physicians, pharmacies, and patients who may be involved in 
the alleged activities is crucial to shortened investigation time and 
improvements in productivity. States that do not have programs must 
rely on tips from patients, practitioners, or law enforcement 
authorities to identify possible prescription drug abuse and diversion. 
Following up on these leads requires a lengthy, labor-intensive 
investigation. In contrast, the programs can provide information that 
allows investigators to pinpoint the physicians' offices and pharmacies 
where drug records must be reviewed to verify suspected diversion and 
thus can eliminate the need to search records at physicians' offices 
and pharmacies that have no connection to a case.

In each of the three states we studied, state monitoring programs led 
to reductions in investigation times. For example, prior to 
implementation of Kentucky's monitoring program, its state drug control 
investigators took an average of 156 days to complete the investigation 
of alleged doctor shoppers. Following the implementation, the average 
investigation time dropped to 16 days, or a 90 percent reduction in 
investigation time. Similarly, Nevada reduced its investigation time 
from about 120 days to about 20 days, a reduction of 83 percent, and a 
Utah official told us that it experienced an 80 percent reduction in 
investigation time.

Officials from Kentucky, Nevada, and Utah told us in 2002 that their 
programs may have helped reduce the unwarranted prescribing and 
subsequent diversion of abused drugs in their states. In both Kentucky 
and Nevada, an increased number of program reports were being used by 
physicians to check the prescription drug use histories of current and 
prospective patients when deciding whether to prescribe certain drugs 
that are subject to abuse. Law enforcement officials told us that they 
view these drug history checks as initial deterrents--a front-line 
defense--to prevent individuals from visiting multiple physicians to 
obtain prescriptions, because patients are aware that physicians can 
review their prescription drug history. For an individual who may be 
seeking multiple controlled substance prescriptions, the check allows a 
physician to analyze the prescription drug history to determine whether 
drug treatment appears questionable, and if so, to verify it with the 
listed physicians. In Kentucky, a physician could request a drug 
history report on the same day as the patient's appointment, and 
usually received the report within 4 hours of the request. In 2002, 
Kentucky's program typically received about 400 physician requests 
daily, and provided data current to the most recent 2 to 4 weeks.

The presence of a monitoring program may also have an impact on the 
prescribing of drugs more likely to be diverted. For example, DEA 
ranked all states for 2000 by the number of OxyContin prescriptions per 
100,000 people.[Footnote 13] Eight of the 10 states with the highest 
numbers of prescriptions--West Virginia, Alaska, Delaware, New 
Hampshire, Florida, Pennsylvania, Maine, and Connecticut--had no 
monitoring programs, and only 2 did--Kentucky and Rhode Island. Six of 
the 10 states with the lowest numbers of prescriptions--Michigan, New 
Mexico,[Footnote 14] Texas, New York, Illinois, and California--had 
programs, and 4--Kansas, Minnesota, Iowa, and South Dakota--did not.

Another indication of the effectiveness of a monitoring program is that 
its existence in one state appears to increase drug diversion 
activities in contiguous states without programs. When states begin to 
monitor drugs, drug diversion activities tend to spill across 
boundaries to states without programs. One example is provided by 
Kentucky, which shares a boundary with seven states, only two of which 
had programs in 2002--Indiana and Illinois. As drug diverters became 
aware of the Kentucky program's ability to trace their drug histories, 
they tended to move their diversion activities to nearby nonmonitored 
states. OxyContin diversion problems worsened in Tennessee, West 
Virginia, and Virginia--all contiguous states without programs--
because of the presence of Kentucky's program, according to a 2001 
joint federal, state, and local drug diversion report.[Footnote 15]

Concluding Observations:

Although monitoring programs can enhance the ability of states to 
detect and deter illegal diversion of prescription drugs, the number of 
states with such programs has grown only slightly over the past 12 
years from 10 in 1992 to 16 in 2004. A lack of awareness of the 
magnitude of the problem; concerns about confidentiality on the part of 
patients, physicians, pharmacists, and legislators; and difficulty in 
accessing funding have kept the numbers of monitoring programs low. 
Cooperative efforts at the state and national levels are seeking to 
overcome these challenges and increase the number of states with 
programs.

Mr. Chairman, this concludes my prepared statement. I would be pleased 
to respond to any questions you or other Members of the Subcommittee 
may have.

Contact and Acknowledgments:

For more information regarding this testimony, please contact Marcia 
Crosse at (202) 512-7119. Individuals making key contributions to this 
testimony include Martin T. Gahart, Roseanne Price, and Opal 
Winebrenner.

FOOTNOTES

[1] Office of Drug Control Policy, "U.S. Drug Prevention, Treatment, 
Enforcement Agencies Take on 'Doctor Shoppers', 'Pill Mills'," Mar. 1, 
2004, www.whitehousedrugpolicy.gov (downloaded Mar. 2, 2004).

[2] Under the Controlled Substances Act, which was enacted in 1970, 
drugs are classified as controlled substances and placed into one of 
five schedules based on their medicinal value, potential for abuse, and 
safety or dependence liability. 

[3] According to the National Institute on Drug Abuse, addiction is a 
chronic, relapsing disease, characterized by compulsive drug seeking 
and use and by neurochemical and molecular changes in the brain, 
whereas physical dependence is an adaptive physiological state that can 
occur with regular drug use and results in withdrawal symptoms when 
drug use is discontinued.

[4] For more details on these programs, see U.S. General Accounting 
Office, Prescription Drugs: State Monitoring Programs Provide Useful 
Tool to Reduce Diversion, GAO-02-634 (Washington, D.C.: May 17, 2002).

[5] The 15 states were California, Hawaii, Idaho, Illinois, Indiana, 
Kentucky, Massachusetts, Michigan, Nevada, New York, Oklahoma, Rhode 
Island, Texas, Utah, and Washington. In 1998, West Virginia terminated 
its monitoring program, but began operating a program again in 2003, 
bringing the total of state programs to 16. In addition, Virginia began 
operating a pilot program in the southwestern part of the state in fall 
2003.

[6] U.S. General Accounting Office, Prescription Drugs: OxyContin 
Abuse and Diversion and Efforts to Address the Problem, GAO-04-110 
(Washington, D.C.: Dec. 23, 2003).

[7] Title II of the Comprehensive Drug Abuse Prevention and Control 
Act of 1970 (Pub. L. No. 91-513, §§100 et seq., 84 Stat. 1236, 1242 et 
seq.). 

[8] Section 201, classified to 21 U.S.C. § 811.

[9] Some schedule V drugs that contain limited quantities of certain 
narcotic and stimulant drugs are available over the counter without a 
prescription.

[10] The types of practitioners who prescribe drugs and may be 
monitored by a state program vary among states. Physicians are the 
majority of covered practitioners, but in most states many 
nonphysicians who also have prescribing authority may be covered, 
including physician assistants, dentists, optometrists, podiatrists, 
veterinarians, and certain types of nurses, such as nurse 
practitioners and advanced practice nurses. 

[11] For more details on Internet pharmacies, see U.S. General 
Accounting Office, Internet Pharmacies: Adding Disclosure Requirements 
Would Aid State and Federal Oversight, GAO-01-69 (Washington, D.C.: 
Oct. 19, 2000).

[12] Federal grants are available to states to establish new 
monitoring programs and to enhance existing programs under the Harold 
Rogers Prescription Drug Monitoring Program. DEA's Office of Diversion 
Control, in collaboration with the Department of Justice's Bureau of 
Justice Assistance, provides grants to states to establish new programs 
and to enhance existing monitoring programs through the Harold Rogers 
Prescription Drug Monitoring Program. The fiscal year 2003 grantees are 
Alabama, Florida, Maine, New Mexico, and Wyoming for new programs, and 
California, Idaho, Nevada, and New York for enhanced programs. The 
grantees in fiscal year 2002 were Ohio, Pennsylvania, Virginia, and 
West Virginia for new programs, and California, Kentucky, 
Massachusetts, Nevada, and Utah for enhanced programs.

[13] OxyContin, Hearings Before the Subcommittee on the Departments of 
Commerce, Justice, and State, the Judiciary, and Related Agencies, 
House Committee on Appropriations, 107th Cong. Part 10., pp. 21, 22 
(2001) (Statement of Asa Hutchinson, Administrator of the Drug 
Enforcement Administration).

[14] New Mexico's monitoring program was terminated in June 2000.

[15] Appalachia High Intensity Drug Trafficking Area Investigative 
Support Center, with the assistance of the National Drug Intelligence 
Center, The OxyContin Threat in Appalachia (London, Ky.: Aug. 2001).