« Environment - A number of stories today | Main | Ind. Courts - Courts, large and small »

Thursday, September 08, 2005

Ind. Law - "new law stupid" is assessment of many cold pill purchsers

Nancy Sulok, South Bend Tribune columnist, has a piece today headlined "New law makes buying cold capsules a hassle: State aims to combat illegal meth production." Some quotes:

A law that took effect July 1 in Indiana and other states changed some over-the-counter drugs into locked-behind-the-counter drugs.

I don't like it, and I suspect some pharmacists don't, either.

The law affects cold remedies and other medicines that contain ephedrine or pseudoephedrine. The chemicals are used by illegal drug traffickers to manufacture methamphetamine.

In an attempt to combat the practice, the Indiana General Assembly passed a law this year to restrict the sale of products such as Sudafed; Tylenol Cold; Advil Cold; Robitussin Cold Sinus and Congestion; Benadryl Allergy and Cold Tablets; and similar products. Their generic equivalents also are included. * * *

Before July 1, it was relatively easy to run to the store and pick up a box of cold capsules. Now it isn't.

In fact, it can be impossible at times.

I came down with a cold over the Labor Day weekend. I was sick from the shoulders up, with a sore throat, stuffy head, drippy nose and occasional sneezing. I also had a fever.

I tried toughing it out, but by Monday evening my condition was growing worse. None of the medicines I had at home treated all of my symptoms.

I went to a CVS Pharmacy near my home, only to find the pharmacy closed and locked. The store was open, but the pharmacy was closed. It had been open from 10 a.m. to 6 p.m. that day, but was closed when I arrived at about 6:30.

The same hours were observed by the Meijer pharmacy near my home. What's a sick person to do? * * *

Tammy Traxler, a staff pharmacist at the Meijer on Bremen Highway in Mishawaka, said it's a hassle for pharmacists, too.

Not only do they have to deal with the time-consuming paperwork, but they also had to find space behind the counter to store the medicines.

As a result, she said, Meijer has significantly reduced the variety of cold remedies it offers.

When the medicines were on the open shelves, she said, Meijer had about 125 different cold products for consumers to consider. Now it has only about 30.

In an effort to help customers make decisions, Traxler said, Meijer has a display outside its pharmacy window that shows pictures of the available product boxes, along with their ingredients and other information. But they can be purchased only during regular pharmacy hours: 9 a.m. to 9 p.m. weekdays; 9 a.m. to 7 p.m. Saturdays; and 10 a.m. to 6 p.m. Sundays and holidays.

The Walgreen Drug Stores have a variation of that sales method, according to spokeswoman Tiffany Bruce. She said the shelf where the medicines once were displayed has cards that describe the available cold remedies. Customers can take a card and hand it to the pharmacist for the desired product, Bruce said.

Although Traxler couldn't say for sure, she suspected that sales are way down for cold remedies. The limited pharmacy hours are one factor, she said, but a bigger factor is that many consumers just don't want to bother with asking for the pills and filling out the paperwork.

Mike DeAngelis, spokesman for the CVS chain, said it is too soon to tell whether the new procedures are affecting sales.

He said he has not heard many complaints from customers, but Traxler said she has heard a lot. They think the new law is stupid, she said, and they don't understand why it was done.

The new law relating the methamphetamines, SEA 444, took effect July 1. From the digest:
Prohibits a retailer from selling a drug containing ephedrine or pseudoephedrine: (1) to a person less than 18 years of age; and (2) in a quantity greater than three grams in one transaction. Requires a retailer to store drugs containing ephedrine or pseudoephedrine: (1) behind a counter or in a locked case that makes the drugs unavailable to customers without the assistance of a store employee; or (2) directly in front of the pharmacy counter, in the line of sight of an employee behind the pharmacy counter, and in an area under constant video monitoring, if the retail establishment in which the drugs are sold is a pharmacy or contains a pharmacy that is open for business. Requires a retailer to record certain information concerning a person who purchases a drug containing ephedrine or pseudoephedrine by requiring the purchaser to present identification and record certain information in a log that may be made available to law enforcement officers in accordance with state or federal law. Grants a retailer immunity from civil liability for the good faith disclosure of this information. Prohibits a person from purchasing more than three grams of ephedrine or pseudoephedrine in one week. Requires a retail distributer, wholesaler, or manufacturer to report suspicious orders to the state police, and requires a retailer to report unusual thefts to the state police. Provides that a retailer who has suffered three unusual thefts in a 30 day period must store all drugs containing ephedrine or pseudoephedrine behind the counter or in a locked case for 180 days. Makes knowing or intentional violation of the ephedrine or pseudoephedrine sale or purchase restrictions a Class C misdemeanor, and enhances the penalty to a Class A misdemeanor for second or subsequent violation.

Posted by Marcia Oddi on September 8, 2005 10:16 AM
Posted to Indiana Law