Bill that gives pharmacists more control over cold-med sales heads to governor
Senate Bill 80 also would grant immunity to any pharmacist who denies a sale of Pseudoephedrine
Does this mean that Pharmacists can be SUED for failing to fill a LEGAL RX ??? I wonder what is going to be their next legal remedy is going to be in a couple of years when they discover that this is not going to do a DAMN THING ?
Pharmacists would have more control over who can buy cold medicine that is a key ingredient in methamphetamine under a bill passed Thursday by the Indiana General Assembly.
Under the bill, which is a combination of measures proposed in the House and Senate, a pharmacist would be able to refuse to sell products containing pseudoephedrine and ephedrine to a customer who the pharmacist does not recognize. Customers of record for the pharmacy would not be affected.
A pharmacist who does not recognize a customer could decide, after consulting with the customer about symptoms, to sell such products to the person. But if the pharmacist remained dubious as to whether the medicine was needed, the customer could then buy either products resistant to methamphetamine production or cold medicines in doses too small to make the illegal drug.
Senate Bill 80 also would grant immunity to any pharmacist who denies a sale. The measure now awaits Gov. Mike Pence’s signature to become law.
The Consumer Healthcare Products Association, which had fought earlier pseudoephedrine legislation including a proposal that a doctor’s prescription be required, had a lukewarm reaction to the bill’s passage.
“The version that passed today was certainly better than some previous iterations,” said Carlos Gutierrez, senior director and head of state government affairs of the trade association. “For us, it’s maintain consumer access to the medications of their choice. … From the start, our concern has continuously been the patient.”
If Pence signs the bill, Indiana would become the second state in the country after Arkansas to adopt such measures. Since Arkansas passed its law five years ago, the number of methamphetamine labs in that state has plummeted.
Indiana already had a law requiring that purchases of certain cold medicines be entered into a state database so pharmacists would not inadvertently sell to “smurfs,” people who buy the drugs on behalf of a methamphetamine maker.
Adding restrictions to cold medicine sales required lawmakers to strike a delicate balance.
Consumers do not necessarily want the inconvenience of having to see a doctor or submit to a pharmacist’s consultation to buy these products. At the same time, pharmacists want some discretionary ability to refuse sales to someone who is buying the drugs for meth making.
The Indiana Pharmacists Alliance applauded the legislature’s solution.
“The bill … leverages the pharmacist’s professional judgement to assure that pseudoephedrine is provided to patients with a clinical need,” said Randy Hitchens, executive vice president of the Indiana Pharmacists Alliance in a statement.
Fulton County pharmacist Harry Webb has championed the bill since the beginning. A task force already has put into place some of the provisions of the bill and seen a drastic reduction in pseudoephedrine and methamphetamine labs in that county.
Until now, however, some pharmacists have shied away from denying sales of cold medicine to a customer who they suspect has ulterior motives out of fear they would be held liable for the decision.
Pharmacists would now have the ability to just say no, without the requirement of a doctor’s prescription, said Webb, owner of Webb’s Family Pharmacy, with stores in Rochester and Akron, Ind.
“The beauty of this bill is that it allows us to treat our patients appropriately without having them go to the doctor,” he said. “If you come in sick and you’re asking for a recommendation, I can pretty much use whatever product I feel is appropriate, and you will be able to take care or your cold.”
Call IndyStar reporter Shari Rudavsky at (317) 444-6354. Follow her on Twitter: @srudavsky.
Filed under: General Problems
Recent reports noted that 80% of meth in US came into country from Mexico. So why is government going after pharmacists and their legit patients? Just how much meth can Jane make from a bottle of 24 decongestant pills.
So you’re òtta luck if send spouse for medicine since âre too ill yourself, then they are denied medicine being they are healthy……. Who has medically trained Pharmacy clerks anyhow?? This is bad for patients (sick ppl) on too many levels to list!?!
Control placed where it does not belong. Power in wrong hands, total disregard for the health of our citizens once again…..
Plummeting meth labs were figured via what skewed statistics?? Seems odd how ît worked out in such huge favor of new restrictions therefore I would like an unbiased recalculated figure of such dramatic results of “plummeting” meth labs…. Just saying ***********************
If you live in Indiana and you are a legitimate user, probably stock up carefully within the current law now before the new law takes effect, because yes, I bet if you the healthy family member who goes in to a pharmacy to purchase where it is cheaper as opposed to your regular “network pharmacy” and you have the ‘known relationship with a pharmacist” where it is more expensive, you’ll probably get turned down since you are not the sick one. This is as stupid as when the passed the “Card everyone regardless of age” on alcohol a few years back thinking it was going to cut underage drinking….It took one of the elderly state representatives getting offended at getting ‘carded’ to get that law repealed at the next session……….All this does, even with the money spent on the NPlex they’re still pharmacy hopping because a fake ID is still a fake ID. We need a fingerprint ID added, like the pawn shops and instant BMV verification ID access