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Combat Meth Act Compliance Can Trip Up Drug Retailers

This article was originally published in The Tan Sheet

Executive Summary

Complying with the nationwide limit the Combat Meth Act set on sales of pseudoephedrine-containing OTCs is simpler than handling separate state or local laws, but retailers' responsibilities under the act have not been easily met, the head of a Montana pharmacy chain tells the Senate Finance Committee

Complying with the nationwide limit the Combat Meth Act set on sales of pseudoephedrine-containing OTCs is simpler than handling separate state or local laws, but retailers' responsibilities under the act have not been easily met, the head of a Montana pharmacy chain tells the Senate Finance Committee.

"It is complex and costly to create and update different [state or local] policies and procedures in employee training programs for each pharmacy outlet," Peter Wolfgram, president and CEO of Bungalow Drug Inc., said Sept. 18 during a hearing on decreasing illicit production of meth.

However, while Combat Meth sets a nationwide limit on OTC PSE sales, compliance with requirements imposed by the Drug Enforcement Administration has not been easy (1 , p. 5).

"It was challenging for the chain pharmacy industry," said Wolfgram, whose chain operates in the state of committee Chairman Max Baucus, D. He added the two-week window DEA allowed to comply with initial requirements was problematic for some operations.

"I understand that some of my larger pharmacy chain colleagues had difficulty coordinating internal efforts to comply," said Wolfgram, speaking as a National Association of Chain Drug Stores representative.

Ranking Member Chuck Grassley, R-Iowa, promoted tightening log book requirements to improve tracking of sales of PSE OTCs, including preventing consumers from compiling illegal amounts of meth precursors by buying legal quantities at multiple pharmacies.

Bills introduced by Sen. Dick Durbin, D-Ill., and Rep. Keith Ellison, D-Minn., would establish a grant program to pay for electronic databases to record PSE purchases. Neither bill, S. 1276 or H.R. 2747, has moved out of committee (2 (Also see "Durbin Introduces Pseudoephedrine Electronic Log Bill To Fight Smurfing" - Pink Sheet, 7 May, 2007.), p. 3).

Gary Kendell, director of Iowa's Office of Drug Control Policy, said the office is lobbying state lawmakers for legislation to "allow us to implement a real-time, electronic trafficking system for [PSE OTC sales] that will help us to reduce the loophole that Sen. Grassley referred to."

- Katie Stevenson ([email protected])

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