Chairman Tauzin

Prepared Witness Testimony

The House Committee on Energy and Commerce

W.J. "Billy" Tauzin, Chairman

Link to Committee Tip Line:  Fight Waste, Fraud and Abuse
   

 

 

"OxyContin: Its Use and Abuse."

Subcommittee on Oversight and Investigations
August 28, 2001
12:00 Noon
Bensalem Township Public Meeting Room 

 

 
 

Mr. Patrick Meehan
Delaware County District Attorney
Office of the District Attorney Delaware County Courthouse
201 West Front Street
Media, PA, 19063

 Executive Summary 

The abuse of the prescription drug Oxycontin has created new challenges to both law enforcement and public health officials.  In Delaware County, Pennsylvania, we have documented 18 Oxycodone related deaths in the year 2000 – a dramatic increase we have attributed to the recent emergence of Oxycontin as a growing drug of choice for recreational drug abusers in the metropolitan areas of the Mid-Atlantic States.

In Delaware County, we have begun to address the Oxycontin abuse problem by applying the collaborative approach between public health and public safety agencies that we have adopted through our efforts to combat school violence.  By working together we believe we will achieve our goals of (1) education, (2) prevention, and (3) prosecution of those who abuse or profit from the abuse of this drug.    

It is my hope that the model of Delaware County’s collaborative approach to combating Oxycontin abuse will be a model for other counties to learn from and follow  from as they deal with this important public health issue. 

Testimony of District Attorney Patrick L. Meehan 

Chairman Greenwood, members of the committee, ladies and gentlemen. Thank you for the opportunity to be here with you today to talk about a serious issue that effects both our public health and the fight against crime.  That problem is the growing abuse of a legal prescription drug, Oxycontin.   

The drug Oxycontin has presented public officials at all levels of government with a unique problem.  One the one hand, this drug, when used properly, as prescribed by a caring physician, can be a life-enhancing solution to the severe pain suffered by people afflicted with debilitating injuries and diseases.  On the other hand, when this powerful drug is abused, by being crushed or chewed and ingested, it can kill. This powerful drug presents such a clear paradox that a Web site devoted to the controversy surrounding it begs the simple question: Oxycontin- Savior or Killer?  

As a local prosecutor, my first and foremost concern about this drug is its potential to become an attractive drug of choice for recreational users and in particular for the young people who populate the “Rave Culture.”  Prosecutors have already seen the drugs Ecstasy, GHB, and Ketamine become popular with recreational users because the abusers have deceiving themselves into thinking that they are not as harmful as illegal drugs such as cocaine and heroin.   This deception occurs for a number of reasons: (1) Because these drugs are manufactured, not produced illicitly, abusers have a false sense of security in the drug’s safety.  (2) Because these drugs are not taken intravenously, abusers feels safe from AIDS or hepatitis contamination.  (3) Prescription or chemical drugs come with what I call a “Madison Avenue-type” appeal; their scientific-sounding names raise the sense of excitement for the user.  And lastly (4) these drugs are readily available. They are, after all, sold legally at the neighborhood drug store to anyone with a prescription.   

Oxycontin abuse by recreational users is particularly disturbing because the drug can become a “Gateway” drug to other narcotics, such as cocaine and heroin.  Whenever a recreational user begins narcotic drug use, the potential for addiction is great.   The recreational user who began narcotics with Ecstasy or Oxycontin may need to continue to get his high, but often finds the legal supply inadequate or unavailable, sometimes because of price.  Oxycontin is an expensive drug, selling on the street for $0.50 to $1.00 per milligram.  Prescription use calls for 2 tablets a day – each tablet, through a timed release, providing pain relief over a 12-hour period.  Abusers will crush or chew the tablet to get the instant high, making the drug potentially lethal, but also requiring more tablets for abusers to stay high.  Because Oxycontin may cost $40-$80 per tablet on the street, addicts may find it cheaper to buy cocaine or especially heroin, which unfortunately are easily available in Southeastern Pennsylvania.   

The abuse of prescription drugs has created issues for prosecutors that may require changes in the law.  First, the most important function of law enforcement in the fight against prescription drug abuse is to combat the sale or “diversion” of the drug by a new breed of drug dealers. These drug dealers are not of the usual “street – corner variety”.  Increasingly, we are seeing doctors and pharmacists engage in these “diversion” schemes by selling sale prescription drugs to abusers.  The Bucks County case of Dr. Richard Paolino is a perfect example of the professional fraud that we know exists when you have a product like Oxycontin, which sells on the street for $40 to $80 per tablet and is capable of producing such an addictive high that it is commonly called “ the Poor Man’s Heroin.” 

 As you will hear today from other speakers, Pennsylvania’s Attorney General Michael Fischer is working with the General Assembly on legislative proposals to give law enforcement new tools to combat the diversion of prescription drugs.   First, he is seeking to increase the criminal penalties for the theft of either prescription “scripts” or for the drugs themselves.  Second, he is seeking the creation of a new crime to stop the practice of “doctor shopping” to acquire prescriptions.  Attorney General Fischer has also been working in cooperation with the federal Drug Enforcement Agency (DEA) to create an electronic pharmacist reporting system here in Pennsylvania.  These systems, in place in states like Kentucky, have allowed law enforcement to more closely monitor and catch pharmacists and doctors who participate in drug diversion schemes.  I support their efforts and I hope we will see legislative action in Harrisburg on these proposals this fall.   

But we know that solutions to the problem of the abuse of prescription drugs like Oxycontin are not just matter of criminal law.  This is a community problem, requiring collaborative efforts between government institutions, and in combination with civic and professional organizations.  That is the approach we have taken in my county, Delaware County, which I am proud to share with you today. 

In Delaware County, the problem of Oxycontin abuse was first brought to our attention by the work of our Medical Examiner Dr. Frederick Hellman.  As you can see from the accompanying charts (Chart 1), Dr. Hellman has documented 18 deaths in our county in the year 2000 where at the time of death the decedent had Oxycodone in their system, usually in combinations with other drugs that the decedent had been abusing.  These 18 deaths represented an explosive increase in Oxycodone abuse in our county.   We had never before had more than 5 such deaths in one year since the introduction of the drug Oxycontin into the marketplace in 1996.  Yet in just the month of April of 2000 alone, (Chart 2) there were 6 Oxycodone related deaths in the county.   We have attributed this increase to the growing popularity of Oxycontin as a drug of choice for abusers on the east coast. These numbers are proof that Oxycontin abuse, which first began in southern and midwestern states, has now moved east to the metropolitan areas of the Mid-Atlantic States.    

When Dr. Hellman brought his findings to the attention of myself and members of the Delaware County Council, we decided to address the problem by using a collaborative interdepartmental approach.  We focused on three goals: (1) education, (2) prevention, and (3) prosecution.  For us in Delaware County, this was not a departure from standard practice but another application of our working county governmental paradigm to a new challenge. 

  Increasingly, we in county government find ourselves challenged by community problems that have no easy answer.  Under Pennsylvania law, it is the primary responsibility of county government to provide for systems of law enforcement and behavioral human services for our communities.  We have found, in Delaware County, that the problems we deal with in law enforcement generally have a human service aspect that must be addressed.   We have come then, over the last several years, to find that the most efficient and productive way to do our jobs for our constituents is to work together. 

We first created this collaborative paradigm in our efforts to combat school violence. In the spring of 1997 I brought together school administrator, teachers, local police, and behavioral service providers to work together to begin to identify issues of school safety in our county.  In November of 1998, this working group hosted our first Safe Schools Summit.  The result of that summit and the one that followed was the development of a “Delaware County model” of training for first responders to incidents of critical school violence.  That model, developed through real school violence simulation exercises, has been distributed across the country in a videotape format by the National Tactical Officers Association (NTOA), who have endorsed this training model.  This year we devoted our third Safe Schools Summit to the often overlooked issue of teen suicide and the need to identify and combat what is the third leading cause of death for American teenagers. 

We are now applying what we have learned by working together on safe schools, to the problem of Oxycontin abuse.  In July, I held a press briefing along with Dr. Hellman to begin the educational campaign about Oxycontin.  Our County Council later dedicated a public meeting to the issue and has since required all county agencies to work together to identify abusers who come into our offices for behavioral treatment.  County Council also has produced a public informational flier on the dangers of Oxycontin.  To further our goal of prevention through public education, we are getting that flier to our county agencies and to such groups as the Delaware County Medical Society.

The next, and perhaps most vital step in our county campaign against Oxycontin abuse, is the educational effort we will undertake this fall in our schools to raise the awareness of our young people to of the danger of this drug’s abuse.  As we all know, many students unfortunately begin experimenting with recreational drugs at an age when they possess a misguided sense of invincibility about such dangerous things.  It is for their protection that we will be devoting our next Safe Schools Summit to the overlooked issue of prescription drug abuse. 

My hope is that our Delaware County collaborative approach to combating oxycontin abuse will be a model for other counties to follow, as they face this issue important public health issue, and I thank the members of this committee for their time and attention today. 

 
 

Related Documents

 

 
 

Printer Friendly

Comment On This Page

Related Documents

 
 

Document Menu

Hearing Webcast

Invited Witnesses

Member Statements

Printed Hearing Record
(transcript)