"I don't know if it's happening. But if it is I will, by executive fiat, preclude it from ever happening again," said Sundwall, "And if [the federal government] call[s] us out of compliance, I'll ask them to justify why we should be paying to facilitate someone's misbehavior at the risk of endangering the public."

Sundwall on Monday asked staff to check the state's sex offender registry against Medicaid drug expenditures.

His request follows the release of a New York audit that showed from January 2000 through March 2005, 198 rapists and other high-risk sex offenders in that state received Medicaid-reimbursed Viagra after their convictions. Those included crimes against children as young as 2 years old, according to the Associated Press.

New York auditors called the problem an unintended consequence of a 1998 directive from federal officials telling states that Medicaid prescription programs must include Viagra.

The Bush administration was scrambling Monday to close the policy loophole, which reportedly also took U.S. Health and Human Services Secretary Mike Leavitt by surprise.

"We are going to make every effort to see what the states or federal government can take to address this problem without harming people who have a legitimate need for this drug, such as men who had prostate cancer and diabetes," says department spokeswoman Mary Kahn.

Utah Corrections spokesman Jack Ford says prison doctors do not prescribe Viagra and inmates don't qualify for Medicaid. Only parolees and convicts released after completing their sentences can apply for the medical assistance program.

State health department officials are working to understand how many, if any, paroled sex offenders draw on Medicaid for Viagra and four other drugs prescribed for erectile dysfunction.

The agency could not say how much it spends annually on such medicines. But the drug class doesn't show up on a recent Drug Utilization Review report as being among the top 12 most expensive or widely prescribed.

Restricting access isn't likely to save the state much money, and a policy that singles out sex offenders might run afoul of the U.S. Constitution's equal protection clause. But Sundwall says he has no intention of banning erectile dysfunction treatments from all Medicaid beneficiaries.

"It's ridiculous to put sex offenders in the same category as others. When you use sexual behavior to intimidate and abuse other people, that's illegal, and we are aiding and abetting illegal behavior," he said. "I have yet to see the advocacy group for erectile dysfunction for sex offenders."

Indeed, sex offenders are proving popular political targets.

Responding to the New York audit, Democratic U.S. senators threatened to explore legislative fixes to the policy should the Bush administration refuse to act. Republicans were quick to note the policy grew out of the Clinton era. And outraged children's advocates slammed the policy as the federal government facilitating the sexual assault of children.

Even as news reports of the "misguided" policy spread, a Utah lawmaker who doubles as a Clinton City Councilman, announced plans to pass an ordinance banning sex offenders in city parks.

"It's a travesty," said Clearfield Republican Rep. Paul Ray of the Medicaid policy. "Taxpayers are paying to send these to guys to be rehabilitated and we're turning around and giving them the tools to perpetrate again."

Sex offenders may be easy targets, acknowledged Ray, House chairman of the legislative health and human services committee. "But so are kids."

kstewart@sltrib.com

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The Associated Press contributed to this report.