VOLUME 26, ISSUE 2

WARNING TO ALL PHYSICIANS:
CONTROLLED SUBSTANCE PRESCRIPTIVE IDENTITY THEFT IN TEXAS

The Problem

The Texas Pain Society (TPS) and the Texas Society of Anesthesiologists (TSA) wish to inform all physicians in Texas of a new coordinated criminal activity targeting unsuspecting physicians.

Pharmacies have been receiving fraudulent prescriptions with accurate DEA and DPS numbers, but false clinic name/location, physician name/office phone number and fabricated signatures. Upon inquiry by the pharmacy to this false phone number, fabricated documents are submitted to lend authenticity to the fraud.

Potential adverse consequences to a physician whose prescription identity has been stolen may include: Texas Medical Board disciplinary proceedings, denied or revoked participation in insurance plans, and increases in professional liability insurance premiums, among others. Federal and state authorities have been slow to advise physicians how to proceed.

The following are suggestions if a physician discovers this fraudulent activity:

  1. Inform the Texas Medical Board (TMB)
  2. Inform the Department of Public Safety (DPS) and Drug Enforcement Agency (DEA)
  3. Inform the county sheriff ’s office and city police department (narcotics division)
  4. Inform your risk management provider
  5. Maintain records and document all steps taken

To monitor your own individual prescriptions, sign up for Prescription Access Texas (PATX). You will need DPS, DEA, TMB license numbers and the 20 digit number on your driver’s license to complete registration.

  1. DPS website, controlled substances page, scroll towards bottom to get ‘Prescription Access Texas’ (http://www.txdps.state.tx.us/RegulatoryServices/prescription_program/)
  2. Registration tutorial if needed
  3. Submit registration and follow e-mail verification instructions to gain access and check your own name/profile for a report of prescriptions attributed to you

Future Action

Regulatory and/or legislative action will be necessary to prevent drug diversion and prescription drug abuse, including collaboration with pharmacy regulators to prevent filling of fraudulent prescriptions and pharmacist review of the PATX. The current PATX is not a perfect tool. For example, it only allows physicians to see the dates prescriptions are issued, rather than filled, which may allow criminals to successfully back-date prescriptions.

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