Kaiser Daily Health Policy Report

Friday, January 16, 2004

Prescription Drugs

      Minnesota Gov. Tim Pawlenty (R) on Thursday met with five FDA officials in Washington, D.C., to discuss the legal liability, potential penalties and the possible agency response to a proposal to reimport lower-cost U.S.-manufactured prescription drugs from Canada for state residents, the St. Paul Pioneer Press reports (Webb, St. Paul Pioneer Press, 1/16). The proposal would establish a Web site that would direct state residents to state-approved Canadian pharmacies (Kaiser Daily Health Policy Report, 12/16/03). Pawlenty also briefed the FDA officials on the other two phases of the proposal -- a provision to reimport prescription drugs for state employees and a provision under which the state would make bulk purchases of prescription drugs from Canada. According to Pawlenty, the provision to reimport medications for state employees could save Minnesota tens of millions of dollars in prescription drug costs. Pawlenty also asked the FDA officials to allow Minnesota to establish the reimportation program as a pilot project to determine the safety of the practice (Gordon, Minneapolis Star Tribune, 1/16). Pawlenty said that the FDA officials consider most of the proposal, "or all of it, as potentially illegal." However, the FDA "may be willing to assist" Minnesota in efforts to develop the safety standards that the state would implement to determine which Canadian pharmacies to use, Pawlenty said. He added that the FDA officials "didn't make any promises, guarantees (or) threats" (St. Paul Pioneer Press, 1/16). Pawlenty said that the state would launch the Web site in February, adding, "We don't concede that we are breaking the law." Pawlenty also briefed White House officials on the reimportation proposal (Minneapolis Star Tribune, 1/16). None of the FDA officials commented on the meeting with Pawlenty. Sen. Norm Coleman (R-Minn.) said, "I remain concerned about the ability of folks to get drugs over the Internet. The Web site may say Canada, but you don't know if it's Bangladesh or on an island somewhere" (St. Paul Pioneer Press, 1/16).