Wednesday, July 12, 2006 
      Prescription Drugs 
      Senate Approves Legislation That Would Allow the 
        Reimportation of Prescription Drugs From Canada 
      The Senate on Tuesday voted 68-32 to 
      approve an amendment that would prohibit seizures by U.S. Customs and Border 
      Protection of prescription drugs purchased from Canadian pharmacies by 
      U.S. residents, the Los Angeles Times reports (Girion, 
      Los Angeles Times, 7/12). Customs officials have seized 
      thousands of packages of prescription drugs sent from Canadian pharmacies 
      to U.S. residents since Nov. 17, 2005, when the agency began to increase 
      enforcement of federal laws that restrict the purchase of prescription 
      drugs from abroad. The purchase of medications from abroad is illegal, but 
      customs and FDA officials generally have allowed the practice. Some 
      Canadian pharmacy officials have said that they believe the increased 
      seizures are related to the launch of the new Medicare prescription drug 
      benefit. Customs officials in February acknowledged the increased 
      enforcement against the purchase of medications from abroad but said the 
      policy change was not related to the launch of the Medicare prescription 
      drug benefit (Kaiser Daily Health Policy Report, 3/14). 
      Sen. David Vitter (R-La.) proposed the amendment as part of the fiscal 
      year 2007 Homeland Security appropriations bill (Strohm, 
      CongressDaily, 7/11). No Senate Democrats opposed the 
      amendment (McCormack, The Hill, 7/12). 
      
House Bills 
The House has approved two FY 2007 
      appropriations bills -- Homeland Security and Agriculture -- that include 
      provisions to allow the purchase of prescription drugs from abroad, 
      according to Kirstin Brost, a spokesperson for House Appropriations 
      Committee ranking member David Obey (D-Wis.) (AP/San Francisco Chronicle, 7/12). The 
      provision included in the House Homeland Security appropriations bill 
      would allow the purchase of prescription drugs from any nation (Los 
      Angeles Times, 7/12). According to the AP/Chronicle, 
      the "Bush administration has opposed efforts to loosen the restrictions" 
      on the purchase of prescription drugs from abroad, and FDA officials have 
      said that the agency "cannot guarantee the safety of imported drugs" 
      (AP/San Francisco Chronicle, 7/12). 
      
Reaction 
Vitter called the passage of the amendment a 
      "breakthrough" on the issue of prescription drug reimportation and "the 
      first clean vote on the issue in the Senate" (Crowley, CQ 
      Today, 7/11). He added, "We should demand that (Customs and Border 
      Protection) focus on the true priority that we face on the war on terror. 
      Stripping small amounts of prescription drugs from the hands of seniors 
      ... should not be a priority." Sen. Ben Nelson (D-Fla.) said, "This is 
      going to ensure that Americans, especially the frail, elderly or those 
      with debilitating conditions, are going to be able to at least have a 
      chance of affording the medications that they need." However, Sen. Judd 
      Gregg (R-N.H.) said that the amendment would lead to "a massive hole in 
      our capacity to secure our borders and protect ourselves." He added, "If I 
      were a creative terrorist, I would say to myself, 'Hey, listen, all I've 
      got to do is produce a can here that says 'Lipitor' on it, make it look 
      like the original Lipitor bottle, which isn't too hard to do, fill it with 
      anthrax'" (AP/San Francisco Chronicle, 7/11). Sen. Rick 
      Santorum (R-Pa.) said, "There's a profound risk ... with respect to these 
      drugs that come in. This is a dangerous, dangerous piece of legislation" 
      (CongressDaily, 7/11). Ken Johnson, a spokesperson for the Pharmaceutical Research and 
      Manufacturers of America, said that the amendment "undermines the U.S. 
      Customs and Border Protection from doing its job of protecting Americans 
      as well as protecting our borders. It also undermines the government's 
      ability to assure the American public that our drug supply is safe and 
      secure" (Shields, Baton Rouge Advocate, 7/12). Customs 
      officials did not respond to requests for comment on the amendment 
      (Los Angeles Times, 7/12). 
      
Counterfeit Rx Hearing 
In related news, lawmakers and 
      pharmacy industry experts on Tuesday at a House hearing said that FDA 
      should implement federal standards to prevent the entry of counterfeit 
      prescription drugs to the U.S. market, CQ HealthBeat reports. At a House 
      Government Reform Subcommittee on Criminal Justice, Drug Policy and Human 
      Resources hearing, Rep. Gil Gutknecht (R-Minn.), said, "Ultimately, 
      we're going to end up with 50 different regulations. What we've 
      encountered from the FDA so far is little more than foot dragging." 
      However, Randall Lutter, acting associate commissioner for policy and 
      planning at FDA, said the agency has taken action to address the issue of 
      counterfeit prescription drugs. FDA in June announced plans to require prescription drug 
      distributors to document the chain of custody, or pedigree, of medications 
      that enter the U.S. market as of Dec. 1. Lutter said that the requirement 
      will not include electronic tracking of prescriptions because the 
      transition to the technology will take time. According to CQ 
      HealthBeat, witnesses at the hearing "advocated the need for 
      'track' and 'trace' technologies and said accompanying resources and 
      consistency would be necessary to make the system work." Carmen Catizone, 
      executive director of the National Association of Boards of Pharmacy, said, "We're 
      not happy that the states are embarking on this individually without a 
      national standard" (Barrett, CQ HealthBeat, 7/11).