Editorial: Nevada law sets an example

Sunday, Jan. 15, 2006 | 7:12 a.m.

The State Board of Pharmacy's decision to reject a legal opinion and uphold Nevada's law allowing prescription drugs to be purchased from Canada is a victory for consumers. Savings, at least when buying brand-name drugs, can be as high as 50 percent because the Canadian government enforces price controls.

During a special session last June, the Nevada Legislature passed a law authorizing the pharmacy board to certify some Canadian pharmacies as eligible to fill prescriptions for Nevada residents. A stipulation for the pharmacies was that they ship only those drugs that are approved by the U.S. Food and Drug Administration.

The pharmacy board hesitated, however, because "FDA approved" is subject to interpretation. The FDA claims imported drugs are illegal because its inspectors cannot have personally observed their procession from manufacturer to retailer. Therefore, imported drugs are not, by strict definition, FDA approved, the agency says.

Two legislators who took leading roles in getting the law passed, Assembly Majority Leader Barbara Buckley, D-Las Vegas, and Sen. Joe Heck, R-Henderson, a doctor, say the term means that the drugs' precise formulations have been approved by the FDA, and that the FDA-approved manner in which they were manufactured, shipped and stored can be verified, even if not by FDA inspectors. They say Canada's system for monitoring drugs and ensuring their safety is as reliable as the U.S. system.

The board sought an opinion from Nevada Attorney General George Chanos, who late last month released a 19-page defense of the FDA's position. On Thursday, however, voting 4-2, the pharmacy board endorsed the state law and rejected Chanos' non-binding opinion.

We strongly believe the pharmacy board made the right choice. Eight other states, by way of a proclamation from the governor's office, assist their residents in importing drugs from Canada. Nevada, however, is the first state to do so by law. The drug industry is spending millions in Washington to protect its domestic pricing and the federal strictures against imports. Nevada is saying it is time we had a law protecting access to affordable prescription drugs, and we hope other states follow.