Analysis — Nevada draws line in Canada drug fight

Molly Ball

Friday, Jan. 13, 2006 | 7:39 a.m.

Nevada's law allowing citizens to import prescription drugs from Canada ratchets up the battle that pits states against the federal government and the pharmaceutical industry.

The Nevada law "is going to be the pharmaceutical industry's Alamo," said David MacKay, former executive director of the Canadian International Pharmacy Association. "No other state has passed legislation like this."

The state Pharmacy Board gave approval Thursday to carry out the law, defying the advice of Attorney General George Chanos, who said he favors allowing the imports but warned that the Nevada law is unworkable.

Eight other states have programs to help their citizens order prescription drugs from Canadian pharmacies, but all were enacted by executive proclamation, not state legislatures. For the consumer, the effect is the same: A state-run Web site that assures consumers certain Canadian pharmacies are safe to order medications from.

By adopting a law that was then endorsed by the Pharmacy Board, Nevada has sent a strong signal to Washington and the pharmaceutical industry -- as well as to other states considering similar steps.

"Key politicians within your state are setting an example by saying, 'Enough is enough, we need to help the poor and disenfranchised get the drugs they need,' " said the current president of the Canadian association, Andy Troszok.

Other state legislatures will likely be emboldened by Nevada's move, he said. "Almost all the states have looked at doing this and seen the others that were frustrated in their attempts," he said. "Now they can look at Nevada."

The more states that pass laws, the more the pressure builds on the FDA to address the issue, he said.

The sponsor of the Nevada legislation, Assembly Majority Leader Barbara Buckley, D-Las Vegas, said the Pharmacy Board's action "is another step in the states' revolt against a broken federal system." The FDA opposes import of pharmaceuticals but has yet to crack down on states encouraging it.

Thursday's debate hinged on the words "FDA-approved." Chanos says that by writing that term into the law, the Legislature limited any imports to drugs that carry an FDA authorization stamp on the packaging. The Canadian drugs do not carry that stamp.

But Buckley and others maintain that "FDA-approved" refers to the drugs themselves, not the packaging.

While Washington lawmakers may be in the pocket of the industry, Buckley said, "In the states we see the people who can't afford their diabetes or cancer medication."

Legislatures in Vermont, Maine, Louisiana, Texas and California tried and failed to enact laws like the one Nevada passed.

"They were all unsuccessful in the legislative route because of the ability of the people who oppose (the imports) to stifle them," Troszok said.

Troszok stands to benefit from the Nevada law. His pharmacy in Alberta is one of four that have been inspected by Nevada pharmacy regulators and found to pass safety and other standards.

"The pharmaceutical industry has done an enormous amount of lobbying of politicians in the states and the federal government. That's why it's such an amazing example in Nevada," Troszok said.

Thursday's meeting drew more than 100 people, including Chanos, Buckley and a dozen legislators from both parties. The pharmaceutical industry sent representatives as the legislation was debated last year, but none attended Thursday.

Sentiment at the meeting was universally against the industry. Even Chanos spoke out strongly in favor of the imports, but only if the legislation is clearer.

"It is a national disgrace that Americans are required to even consider looking to Canada for affordable prescription drugs," he said. "America can and should do better."

Chanos said he was "willing to fight the federal government and the prescription drug industry to make it happen."

Asked why the industry didn't defend itself at the meeting, Tom Wood, a lobbyist for the Pharmaceutical Research and Manufacturers of America, said, "There didn't seem to be any point."

But he said the group's view of the Nevada initiative hadn't changed: "It's illegal."

Molly Ball can be reached at 259-8814 or at molly@lasvegassun.com.