Legislation to require pseudoephedrine (PSE) products to be sold by prescription only (Senate Bill 45 and House Bill 281 (replaced House Bill 15 on February 1) is currently making its way through the 2011 session of the Kentucky General Assembly. The new House Bill mirrors language in SB-45 to make PSE a scheduled drug.
Rally at the Rotunda Feb. 3
• Hundreds of citizens from across Kentucky came together in the Capitol Rotunda on Thursday, February 3, 2011, in support of legislation to make pseudoephedrine a scheduled and prescription-only drug. Earlier in the day, U.S. Congressman Hal Rogers testified before both the Senate and House Judiciary Committees in favor of the bills. To view photos from both events click here.
• “Rally to set facts straight on SB-45″ – Press release 1-28-11. Read story.
• “Rally to support pseudoephedrine bill,” – Press release 1-17-11. Read story.
Links For More Information
Below is information related to these bills and why Operation UNITE is in favor of their passage.
• View a 3-minute video of a newscast showing how easy it is to obtain the required products to produce methamphetamine. Click here.
• View an LRC summary of SB-45. Click here.
• View an LRC summary of HB-281. Click here.
• Download a 1-page Talking Points sheet on SB-45/HB-281 – Click here
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• According to the manufacturers if you have certain medical conditions you should not take PSE. Download a 1-page list of these conditions along with source – Click here.
• Download the 2-page Kentucky Narcotic Officers Association estimated cost of responding to methamphetamine labs in 2010 – Click here.
• Download the 8-page NMPI (National Methamphetamine and Pharmaceuticals Initiative) Advisory Board Position Paper – Click here.
Frequently Asked Questions
Why do we need this law?
Meth lab numbers are skyrocketing, costing tens of millions in tax dollars, distracting law enforcement from other serious crime, and exposing children and innocent bystanders to grave danger. Both SB-45 and HB-15 require a prescription for cold medicines containing pseudoephedrine (PSE), the critical ingredient in meth labs.
Will this law stop me from getting my cold medicines
No! The good news is drug companies have started to introduce safe and effective over-the-counter cold medicines that do not contain PSE. Drug companies report high levels of consumer satisfaction with the new, safer medicine. Only 15 cold and allergy products will be affected – hundreds more that do not contain PSE will be freely available.
Won’t this be inconvenient to consumers?
Those profiting from selling PSE claim that consumers will be inconvenienced by having to go to a doctor to get a prescription for pseudoephedrine. In Oregon, most consumers just purchase over-the-counter alternatives. Those few that still want pseudoephedrine call their physician and get a prescription. You should also know that any purchases of over-the-counter drugs with a Flexible Spending Account will require a prescription, beginning this year.
What’s wrong with the current law?
Putting PSE behind pharmacy counters and tracking sales worked for a while. We knocked lab numbers down to just a few hundred in 2007, but labs have more than tripled since then, even as the tracking system was being used. In 2010, law enforcement responded to a staggering 1,100 meth lab sites in Kentucky. According to front line law enforcement, fewer than 10 percent of these labs were found using the current law.
Why does the pharmaceutical industry’s numbers differ?
According to law enforcement officials, the industry numbers are inaccurate and misleading by suggesting that only a little over 2 percent of PSE is diverted to illegal use. This number is based only the 10 percent of meth labs that law enforcement found and dismantled, not the remaining 90 percent. The projected diversion total statewide is at least 22 percent, and law enforcement spot checks have revealed diversion rates of up to 75 percent.
What other states have this law?
Mississippi and Oregon have seen a dramatic drop in the number of meth labs after requiring prescriptions for drugs that contain meth precursors. Mississippi’s law has only been in effect since July 1, 2010, but there has already been a 70 percent decline in the number of meth lab incidents and a 76 percent drop in the number of kids removed from homes with meth labs. Oregon had 12 meth labs in 2010, compared to Kentucky’s 1,100.
Will there be increased work on pharmacists?
Sellers of PSE claim that dispensing pseudoephedrine will burden pharmacists. Oregon pharmacists actually prefer the simplicity and ease of the Oregon law returning pseudoephedrine to prescription only status. Here in Kentucky, pharmacists will be paid an additional dispensing fee, adding to their business income.
What about increased work on doctors and emergency rooms?
Sellers of PSE claim that demands on the healthcare system will dramatically increase as a result of patients going to doctors, particularly emergency rooms, to get PSE. This never happened in Oregon or Mississippi. Also, doctors have many effective and safe alternative drugs to prescribe.
What will happen to Medicaid costs
The claim is made that Medicaid costs may increase as the result of Medicaid patients getting prescriptions for pseudoephedrine. The actual statewide Oregon impact has been less than $8,000 per year. This dollar figure is nothing compared to the savings in meth lab incident clean-up, investigative, and social service costs. Law enforcement response costs in Kentucky during 2010 is estimated to be nearly $3 million – not counting court and incarceration costs.
What’s the big deal?
A single meth lab may have a dozen individual toxic containers where meth was “cooked.” Meth labs are routinely found in apartment buildings, motels and cars, and many are never properly decontaminated, putting us all at risk.
Still Have Questions?
If any group or organization would like a presentation on this issue contact UNITE Law Enforcement Director Dan Smoot at 606-877-1012 or dsmoot@centertech.com.
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