Nevada and Texas Consider State-Sponsored Promotion of Canadian Drug Purchasing

2005-05-30T18:49:00.000-04:00

Jason Hidalgo of the Reno Gazette-Journal has an interesting piece on Nevada AB 195, a bill that would allow Nevada's pharmacy board to inspect and license Canadian pharmacies. In furtherance of that goal, AB 195 would launch a website on approved Canadian pharmacies and how to order from them. AB 195 passed the Nevada Assembly in April, but in the Nevada Senate, a senator has attached a provision that would require the federal government’s approval before the bill's provisions came into effect. Such a provision would likely render AB 195 impotent, since the FDA and the White House have consistently opposed the purchase of imported drugs. The bill remains before the Nevada Legislature, with passage uncertain. (Hidalgo, "State Wades into Canadian Prescription Controversy," Reno Gazette-Journal, 5/29/05).

Nevada is not the only state currently contemplating legislation that would facilitate the purchase of drugs from Canada. In Texas, Governor Rick Perry just received on his desk SB 410, which passed the Texas Legislature yesterday, and which would establish a state-run Web site to help Texans purchase prescription drugs from Canada. Other states, such as Minnesota and Illinois, have already enacted measures that facilitate the purchase of drugs from Canada, which are often available at marked discounts. These measures were enacted despite the presence of the federal Prescription Drug Markeing Act of 1988 ("PDMA"), which makes it illegal for anyone other than the original drug manufacturer to bring prescription drugs into the United States. Thought the PDMA was amended in 1998 to allow small doses to be transported into the United States without the permission of the original drug manufacturer, these measures enable the purchase of larger quantities than allowed under the amendment. Nevertheless, state legislators have been motivated by the unequal price scheme for pharmaceutical drugs, and how that scheme most harms the elderly and those of limited financial means. Consider the following comparative drug payments: Italians pay (on average) 53 percent of the U.S. cost for a brand-name drug, while the French pay 55 percent, Swedes 64 percent, Germans 65 percent and Swiss and United Kingdom residents 69 percent.

In Congress, efforts have been made to allow pharmacies, wholesalers, and individuals to legally import prescription drugs into the United States. Most notably, the Pharmaceutical Market Access Act (H.R. 328) would do just that, although imports would be limited to those from 25 countries (including Canada, Australia, EU member nations, Israel, Japan, New Zealand and South Africa), as these countries feature regulations similar to those imposed by the FDA. Even though more than 200 congresspersons--including Republicans and Democrats--support the bill, U.S. House Speaker Dennis Hastert has thus far refused to allow it to be called for a vote.

Coming Attraction

2005-05-22T15:36:00.000-04:00

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Michael McCann