Nevada Prescription Drug Reimportation Program Stalled Over Legal Questions

Main Category: Public Health
Article Date: 04 Oct 2005 - 19:00 PDT

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A Nevada program that will allow state residents to purchase prescription drugs from Canadian pharmacies has stalled as state officials wait for the state attorney general to determine whether the program can legally proceed, the AP/Las Vegas Sun reports (AP/Las Vegas Sun, 9/29). Under a Nevada law that took effect on July 1, state residents can purchase a 90-day supply of medication from licensed Canadian pharmacies through a state Web site. Residents can fax or mail their prescriptions to the Canadian pharmacies to have them filled (Kaiser Daily Health Policy Report, 9/8). However, questions have arisen about a provision in the law that mandates Canadian pharmacies cannot sell medications without FDA approval to Nevada residents. Lewis Ling, an attorney for the Nevada State Board of Pharmacy, said that one interpretation of the provision would require medications sold by Canadian pharmacies to have the same form and package as versions sold in the U.S. Under that interpretation, the program could not proceed, Ling said. A second interpretation would only require medications sold by Canadian pharmacies to have their molecules approved by FDA -- a position that would allow the program to proceed, the AP/Sun reports. Ling said that he expects the state attorney general to issue an opinion on the interpretation of the provision in three to four weeks. If the program were to proceed, the names of the licensed Canadian pharmacies would appear on the state Office of Consumer Health Assistance Web site. Two of the seven Canadian pharmacies that the state pharmacy board tentatively approved for the program have decided to withdraw, and one failed to pass an inspection (AP/Las Vegas Sun, 9/29).

"Reprinted with permission from http://www.kaisernetwork.org. You can view the entire Kaiser Daily Health Policy Report, search the archives, or sign up for email delivery at http://www.kaisernetwork.org/dailyreports/healthpolicy. The Kaiser Daily Health Policy Report is published for kaisernetwork.org, a free service of The Henry J. Kaiser Family Foundation . © 2005 Advisory Board Company and Kaiser Family Foundation. All rights reserved.

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