Meds-for-meth bill drew record lobbying expenses, not even including radio and newspaper ad campaigns

Makers of over-the-counter drugs spent more than any lobbying interest ever had during a single Kentucky legislative session in their effort to defeat a bill requiring prescriptions for the key ingredient in methamphetamine, Bill Estep reports for the Lexington Herald-Leader.

"The Consumer Healthcare Products Association spent $457,053 on lobbying activities in the first three months of this year's legislative session, according to reports filed with the state Legislative Ethics Commission," Estep writes. "The group's lobbying effort was so dominant that it spent more than the next five groups combined in that period, January through March, according to spending reports."

And the figure doesn't even included hundreds of thousands of dollars that the trade group spent on radio and newspaper campaigns, because the lobby-reporting requirements do not apply to messages aimed only at the general public. The group did report spending on "a phone-bank operation to put people in contact with legislators to voice concerns about legislation to require a prescription for medicine containing pseudoephedrine, which is now available over the counter," Estep writes.

Read more here: http://www.kentucky.com/2012/04/30/2170495/makers-of-cold-medicines-set-new.html#storylink=cpy

The efforts, dating back to 2010, were partly successful. The legislature passed a bill "that will require a doctor's prescription for pseudoephedrine, but only after someone has bought 24 grams of the medicine a year," Estep notes. "A 48-count box of the generic medicine with 30-milligram pills contains 1.44 grams of pseudoephedrine. The bill excludes limits on gel caps and liquid pseudoephedrine." (Read more)

The lobbying effort wasn't only about Kentucky. The makers of Sudafed and other pseudoephedrine preparations are trying to stave off similar efforts in other states, and viewed Kentucky as a sort of firewall after seeing prescription-only laws pass in Oregon and Mississippi.

Read more here: http://www.kentucky.com/2012/04/30/2170495/makers-of-cold-medicines-set-new.html#storylink=cpy

Read more here: http://www.kentucky.com/2012/04/30/2170495/makers-of-cold-medicines-set-new.html#storylink=cpy

'Meds for meth' bill is about to become law despite heavy lobbying campaign by pharmaceutical companies

The bill to limit purchases of a popular cold medicine used to make methamphetamine passed the General Assembly today and Gov. Steve Beshear said he would sign it.

The Senate voted 29-8 to approve changes the House made in Senate Bill 3, sponsored by Senate Majority Floor Leader Robert Stivers, R-Manchester, left. The bill would require a prescription to buy more than 7.2 grams of pseudoephedrine in a month and 24 grams in a year. "A generic box of pseudoephedrine with 48 pills, each with a 30-milligram dosage, contains 1.44 grams of the medicine," Jack Brammer of the Lexington Herald-Leader reports. ""Gel caps and liquid pseudoephedrine would be excluded from the limits in SB 3 because making meth from those forms is considered more difficult."

The bill’s sponsors had wanted lower limits, an initially a prescription for any amount, "but they compromised with opponents who worried about inconveniencing cold and allergy sufferers," Brammer notes. "The pharmaceutical industry has lobbied aggressively against the state requiring prescriptions for pseudoephedrine at any level," ranking first in reported lobbying expenses without even counting its extensive advertising campaign. The industry apparently viewed Kentucky as a sort of firewall, the absence of which could make passage of similar "meds for meth" bills in other states. Only Oregon and Mississippi now have such legislation.

Makers of Sudafed, similar cold medicines again lead in legislative lobbying expenses, and that doesn't count their radio ad campaign

The Consumer Healthcare Products Association, which is fighting legislation that would limit the amount of pseudoephedrine that could be bought without a prescription, remained the leading spender among lobbying interests at the General Assembly in February, the state Legislative Ethics Commission said in its monthly newsletter.

CHPA, which represents manufacturers and distributors of over-the-counter medicines, spent $192,985 on lobbying in February, and a total of $388,000 for the first two months of the session. Those amounts do not include an extensive radio advertising campaign, which from all indications has cost more than the spending that had to be reported.

Other health-care interests were among the top spenders in February. Ranking second through 11th were the Kentucky Hospital Association ($38,422, for a two-month total of $74,543); the Kentucky Chamber of Commerce ($30,056, two-month total $63,404); Altria (Philip Morris) Client Services ($28,129, two-month $50,434); the Kentucky Farm Bureau Federation ($24,805, total $38,655); AT&T ($24,199, total $47,432); the Kentucky Medical Association ($21,958, total $42,731); the Kentucky Education Association ($21,629, total $45,249); the Kentucky Retail Federation ($21,191, total $45,452), which also opposes the meds-for-meth bill; Kentuckians for the Commonwealth ($18,317, total $34,188) and the Kentucky Optometric Association ($18,227, total unavailable).

Meds-for-meth, pain-pill bills each clear a second chamber; both probably headed to conference committee(s)

"State lawmakers gave new life Wednesday to two bills designed to tackle Kentucky's problems with methamphetamine labs and prescription drug abuse," John Cheves and Jack Brammer report for the Lexington Herald-Leader.

"On a 60-36 vote, the House approved Senate Bill 3, which would further limit the amount of cold medicines containing pseudoephedrine that consumers could buy without a prescription. Pseudoephedrine is a key ingredient used in making meth. Meanwhile, the Senate approved House Bill 4, which transfers from the state Cabinet for Health and Family Services to the attorney general's office an electronic monitoring system that keeps track of prescriptions for pain pills. The vote was 26-9. Both bills are likely to go to conference committees made up of representatives from both chambers, who will try to negotiate a compromise on differences in the House and Senate versions of the bills." (Read more)

House panel OKs "meds for meth" bill; chair predicts passage

The bill to limit purchases of the cold medicine used to make methamphetamine cleared another legislative hurdle Monday, and the chairman of the committee that approved it predicted that it will become law despite a heavy lobbying effort by over-the-counter drug makers.

By a 10-4 vote, the House Judiciary Committee approved a version of Senate Bill 3 that differs slightly from the version passed by the Senate. Rep. John Tilley, a Hopkinsville Democrat and the committee’s chairman, predicted the revised SB 3 will pass on the House floor. "Tilley said Senate leaders have signed off on the changes the House committee made," Jack Brammer reports for the Lexington Herald-Leader. The House version clarifies "language regarding prescriptions" and would ban "criminals convicted of meth-related offenses from purchasing pseudoephedrine for a five-year period," Mike Wynn of The Courier-Journal reports.

The core of the bill would allow consumers without meth records to buy 7.2 grams of medicines with pseudoephedrine each month, approximately a two-week dose, and up to 24 grams per year, without a prescription. Another 7.5 grams a month or 90 grams a year could be available with a prescription. "Experts have testified that those amounts are adequate for most cold and allergy sufferers, and more than 90 percent of all purchasers use dosages that fall below the proposed thresholds," Wynn reports. "State law already limits purchases to 9 grams per month, with a yearly cap of 108 grams, and purchasers are required to present a photo ID and sign a log at the point of sale."

The bill would not apply to gelcaps, which are more difficult to use for meth, or liquids, which are used for children. (Read more)

Meds-for-meth bill stalls in state House committee

A measure aimed at curbing methamphetamine production failed to come to vote in the House Judiciary Committee Tuesday. Rep. John Tilley, a Hopkinsville Democrat who chairs the committee, said he hopes Senate Bill 3 will be voted on later this week.

The bill, which was passed by the Senate March 2, "would allow consumers to buy 7.2 grams per month of medications containing pseudoephedrine and up to 24 grams annually, an amount adequate for most cold or allergy sufferers, according to testimony," reports Deborah Yetter for The Courier-Journal. "A doctor's prescription would be required for an additional 7.5 grams per month or an additional 90 grams per year." The bill would exempt liquid or gel-cap formulations of the drug.

Right now, Kentuckians can buy 9 grams of the medicines per month and 120 grams per year.

Some committee members said they are concerned people could be breaking the law if they get or own too much of the drug. Rep. Joe Fischer, R-Fort Thomas, said his wife takes Claritin D, which contains pseudoephedrine, for allergies on a regular basis and asked if the bill would make it too hard for people like her to get the drugs without going to the doctor first. (Read more)

Campbellsville pharmacists have mixed views about meds-for-meth bill; a good example of localizing a statewide issue

Pharmacists have mixed opinions about a bill that would require a prescription to purchase pseudoephedrine after a monthly or yearly limit has been reached, reports Calen McKinney for the Central Kentucky News Journal in Campbellsville. (Photo by McKinney)

The drug is the key ingredient used to make methamphetamine. Last week the Senate approved a bill that would limit non-prescription individuals' purchases to 7.2 grams per month and 24 grams per year.

Tresa Phillips at Nation's Medicines in Campbellsville told McKinney she feels the system in place now — an instant computer tracking system called MethCheck — is working. "I'm not sure that a new law is going to make a big difference," she said, adding that a person who is buying the drug already has to show state-issued identification.

However, Jay Eastridge at Eastridge-Phelps Pharmacy applauded the move. "It sort of restricts pseudoephedrine getting into the wrong hands," he said. "I wholeheartedly support the bill." Eastridge said pharmacists have become "gatekeepers" in the face of the meth epidemic and "it's just painful to watch" people coming in "from one drug store to the next seeing what they can get."

Ed Baise of the Medicine Centre agreed that pharmacists have "become the police" when it comes to limiting pseudoephedrine. But he said the drug should be put in a class of its own and pharmacists should be responsible for controlling purchases. Baise pointed out allergy sufferers could be inconvenienced by the bill. "This may help some," he said, "but it's not gonna solve the problem." (Read more)

Anti-meth bill passes Senate; limits monthly pseudoephedrine purchases to 7.2 grams a month and 24 grams a year

In an effort to curb methamphetamine production, the Senate passed a bill Friday that will limit the amount of pseudoephedrine that can be bought monthly and annually.

Senate Bill 3, approved 25-11, will allow consumers to buy 7.2 grams of medicine containing pseudoephedrine per month and up to 24 grams per year. The bill now goes to the House for consideration. House Speaker Greg Stumbo, D-Prestonsburg, said House members generally support what the bill is trying to accomplish but want to study its details, report Jack Brammer and Beth Musgrave of the Lexington Herald-Leader.

Right now Kentuckians are allowed to buy 9 grams per month and 120 grams per year. Sen. Robert Stivers, R-Manchester, sponsored the bill, which originally only allowed the purchase of 3.6 grams per month and 15 grams per year. That changed after Sen. Jerry Rhoads, D-Madisonville, filed an amendment that increased the limit to the 7.2 and 24 grams. (Associated Press photo by the late Ed Reinke of Sen. Stivers)

The bill also prohibits anyone who has been convicted of a drug-related offense from buying the drug for five years. Pseudoephedrine, which is in several cold and allergy medicines, is the key ingredient to make meth. The bill does not pertain to pseudoephedrine that comes in gel or liquid format; meth is more difficult to make using these formulations.

"I still don't think it's the best situation," Stivers said of the revised bill. "It's what we could get passed. Let's see what this does."

Opponents, namely the Consumer Healthcare Products Association, were "disappointed with the outcome of the vote," said Scott Melville CHPA president and chief executive. "CHPA is committed to working with legislators to win the battle against methamphetamine, but gaining the upper hand against meth producers and dealers does not require unnecessary restrictions imposed on many Kentucky families — particularly seasonal allergy sufferers — by burdening them with increased health-care costs, lost wages, and unnecessary trips to the doctor."

The CHPA represents makers of over-the-counter drugs and is continuing a vigorous and expensive campaign of lobbying and radio commercials to defeat the bill. (Read more)

Compromise meds-for-meth bill clears committee; third drug-related bill to pass this week

Update, March 2: Just hours after the committee approved the bill, Senate Majority Leader Robert Stivers, R-Manchester, "declared its future uncertain," reports Jack Brammer for the Lexington Herald-Leader. Stivers said there is "a very successful lobbying campaign" against Senate Bill 3 and said he did not "want to subject lawmakers to continued pressure by the makers of pseudoephedrine," Brammer reports. Though he wouldn't call the bill dead for this year, Stivers said he would decide soon on whether he would continue to pursue the bill's future. (Read more)

The compromise bill that will require a prescription to buy pseudoephedrine after a monthly or annual limit is reached passed 7-4 in the Senate Judiciary Committee this afternoon.

Senate Bill 3 will allow people to buy up to 3.6 grams of the drug a month and a maximum of 15 grams per year. After those limits have been reached, patients will have to see a doctor to obtain a prescription for more. The intent of the bill is to curb methamphetamine production — pseudoephedrine is the key ingredient to make the drug.

Now, people are limited to buying 9 grams per month and 120 grams per year.

Today, the committee approved an amendment to the bill, which will allow patients to buy 7.5 grams per month if a doctor says that amount if required, which amounts to 90 grams a year under these special circumstances.

The bill also prevents anyone who has been convicted of any drug-related crime — whether the crime was related to meth or not — from buying pseudoephedrine without a prescription for five years.

Sen. Robert Stivers, R-Manchester, made an impassioned argument for the bill, which he introduced earlier this week. He said the compromise works because "any box you look on will tell you that you should take this for no more than 14 consecutive days without seeing a doctor." The 3.6-gram monthly allotment will allow for 14 days' use.

As for the criticism that the reduction won't be enough to cover whole families who may be suffering from allergies or cold, Stivers argued "anyone who is subjecting a child to this continuous use on a repetitive basis is not really taking care of the child or the symptoms that cause their problems."

Carlos Gutiérrez of the Consumer Healthcare Products Association, which represents makers of over-the-counter medicine, said it is "adamantly against" the compromise bill, saying "we feel very strongly about the rights of consumers to buy a legal product." He pointed out if a chronic allergy sufferer takes 1 pill a day, that adds up to 7.2 grams per month.

Sen. Tom Jensen, R-London, questioned Guetiérrez and had him confirm that 84 percent of people who buy pseudoephedrine use less than 15 grams of the medicine per month, according to 2010 figures. He further established that the remaining 16 percent of people are buying 60 percent of all the pseudoephedrine sold in Kentucky.

Meds-for-meth compromise bill introduced

Lawmakers said they would compromise on the idea of making pseudoephedrine available only by prescription, and they have. Senate Bill 3 would only require a prescription for medicines containing the drug after a patient has bought 3.6 grams of it per month and a maximum of 15 grams per year. Gelcaps and liquid forms of the drug would still be excluded. (Associated Press photo by John Flavell of recovering addict Melanda Adams and Senate Majority Floor Leader Robert Stivers, who introduced the bill)

Now, people are limited to buying 9 grams per month and 120 grams per year of cold and allergy medicines containing pseudoephedrine, which is the key ingredient to make meth. The bill would also prevent anyone who has been convicted of a meth-related crime from buying the drug without a prescription for five years.

Last week, Sen. Robert Stivers, R-Manchester, withdrew a bill that would have required a prescription for any purchases of the drug. Stivers introduced this new bill yesterday and told The Courier-Journal it gives people who use the medicines "adequate opportunity without incurring medical expenses or the cost of a prescription to access these on a monthly basis and an annual basis."

Opponents to the bill still feel it is too restrictive, with the Consumer Healthcare Products Association continuing "to oppose burdensome restrictions to over-the-counter cold and allergy medicines that thousands of law-abiding Kentuckians rely upon for relief," Elizabeth Funderburk, senior director of communications for the group that represents makers of over-the-counter medicine and dietary supplements, told the Louisville newspaper.

Opponent Pat Davis, mother of six and wife of 4th District U.S. Rep. Geoff Davis, railed against the new proposal. "I'm not sure why they're calling it a compromise bill because I'm not sure who they compromised with," she said. She pointed out if four members of her family were to get sick with a cold, and took Sudafed to treat it for seven days, that would amount to 13.44 grams of the medicine — nearly the annual limit. "Really what this bill is is the same bill," she said. "They're throwing out a few crumbs, which they're calling 15 grams."

Jackie Steele, commonwealth's attorney for Laurel and Knox counties, told the paper that the lower limits could lead to a reduction in meth labs, but not for long. "I hope this cures it," he said of the meth-lab problem. "I don't think it will."

In London, whose Walgreens has the highest sales of pseudoephedrine in the state, Police Chief Stewart Walker agreed with Steele. "The bad guy is always going to figure a way around this," he said. "(With the compromise) you probably leave the door partly open and there's so much more room for added work."

The Senate Judiciary Committee could consider the new bill Thursday, and the entire Senate could vote on it this week, Stivers told the Lexington Herald-Leader. (Read more) For The Courier-Journal's story, by Jessie Halladay and Tom Loftus, click here.

Meds-for-meth bill sent back to committee; compromise in the works, original sponsor says

The bill that would make pseudoephedrine — the key ingredient to make methamphetamine — available only by prescription was taken off the Senate floor Thursday afternoon. The bill's original sponsor, Sen. Tom Jensen, R-London, said "he expects a compromise is near," reports Jessie Halladay for The Courier-Journal.

"We've probably reached some consensus on where we want to go," said Jensen, right, but declined to go into details about the compromise. Of a possible concession, he would only say, "It's not necessarily what I want and it's not necessarily what the industry wants," but would be a step in the right direction.

Senate Bill 50, which was narrowly approved by the Judiciary Committee last week, has been opposed by the pharmaceutical industry, which says it imposes an unnecessary burden on users who need the medicine for the relief of colds and allergies. Many law enforcement agencies, including the Kentucky Narcotics Officers Association, support the bill, saying it would made a big dent in the number of meth labs found in the state. The bill excludes pseudoephedrine that is sold gel-cap format. (Read more)

Courier-Journal editorialists change position and join the Herald-Leader in supporting meds-for-meth legislation

The state's two biggest newspapers are in agreement: pseudoephedrine should be available by prescription only in order to curb methamphetamine production. The Courier-Journal offered its opinion in an editorial today: "Meth remains a scourge in Kentucky. It is not going to go away soon and without strong action its deadly, family-shattering impact will not diminish."

The position represents an about-face for the paper in Louisville, where the editorial board previously felt "such a restriction would create unnecessary burdens and expenses for legitimate users of pseudoephedrine."

However, with the meth problem not going away — there were a record 1,080 labs discovered in 2010 — the newspaper has changed its position, though acknowledged prescription-only will create some problems of its own: "'Pill mills' will likely dispense pseudoephedrine, just as they now illegally and unethically flood the market with pain medication, and police will have to crack down on such sales."

In December, the Lexington Herald-Leader offered its position, backing a prescription-only pills bill by Rep. Linda Belcher, D-Shepherdsville. "Methamphetamine would be a scourge if it hurt only those who ingested it. But the harm is far more widespread than that," it reads. "Highly mobile and as compact as a large soft-drink bottle, the meth-making process creates a risk of toxic exposure, respiratory injury and fire to all who come close."

The Courier-Journal backs Senate Bill 50, sponsored by Sen. Tom Jensen, R-London, and Sen. Robert Stivers, R-Manchester, which is similar to Belcher's bill. It narrowly cleared the Senate Judiciary Committee last week, but opposition to it "has hardened" in the Senate, the editorial reads. (Read more)

Group fighting meds-for-meth bill says it spent nearly $200,000 in January on lobbying, and that apparently omits radio buys

The group fighting a bill that would make the key ingredient for making methamphetamine available only by prescription spent more than $194,000 last month alone to lobby lawmakers, far more than any other lobbying interest at the General Assembly.

The Consumer Healthcare Products Association "reported spending more on Frankfort lobbying for the month than the next eight largest groups combined," reports Tom Loftus of The Courier-Journal. "That's almost an obscene amount of money to be spending on one month on one issue," said Senate Majority Leader Robert Stivers, R-Manchester. Stivers is sponsoring the bill, which would require a prescription for cold and allergy medicine that contains pseudoephedrine.

The group with the second highest spending was the Kentucky Hospital Association, at $36,120.

CHPA "is a group of manufacturers and distributors of over-the-counter medicines whose members include Bayer Healthcare, GlaxoSmithKline and Johnson & Johnson," Loftus reports. In a statement Monday, the group said it is again "efforts by some legislators to deny law-abiding citizens nonprescription access to certain cold and allergy medicines they depend on."

The $194,957.76 spent on lobbying apparently does not include what the CHPA spent on broadcast advertising, which it does not have to report. As of Feb. 3, the group had spent more than $82,000 running ads on Louisville, Lexington and Somerset radio stations owned by Clear Channel Communications Inc., the nation's largest radio operator, according to public-inspection files at those stations, the only ones that have been checked by Kentucky Health News and its journalistic partner, Jonah Engle. In 2011, CHPA paid the Kentucky Association of Radio and Television more than $93,000 to run ads, according to public-inspection files from Cumulus Broadcasting, another major owner of stations in Kentucky.

As for lobbying expenses, more than $12,000 was spent on salaries for three lobbyists, plus nearly $4,000 for food, lodging, beverage and transportation expenses. More than $150,000 was spent "for professional and technical research and assistance," plus nearly $27,000 for "educational and promotional items."

"I'm not surprised they reported so much for lobbying because it's obvious they're doing a pretty good job of getting their message out ... which I believe is a misleading scare campaign," said Sen. Ray Jones, D-Pikeville, who is co-sponsoring the meds-for-meth bill. (Read more)

Senate committee narrowly passes meds-for-meth bill as advocates start their own radio advertising campaign

In the face of a strong lobbying effort by makers of over-the-counter cold medicines, a state Senate committee narrowly approved a bill today that would require a prescription for most products containing pseudoephedrine, a key ingredient used to make methamphetamine.

Senate Bill 50, approved 6-5 by the Judiciary Committee, is sponsored by Senate Majority Floor Leader Robert Stivers, R-Manchester, left, but he said he isn't sure of its chances in the full Senate, reports Jack Brammer of the Lexington Herald-Leader. A similar bill got out of committee last year but never came to a vote on the Senate floor because it lacked the votes to pass. This year's bill would not apply to gelcaps, which are more difficult to use in meth making.

The Kentucky State Police recorded about 1,200 meth labs last year, and former meth addict Melanda Adams, from Stivers' home Clay County, told the committee she believed the bill would "cut the burgeoning number of dangerous home-made meth labs in the state." The Consumer Healthcare Products Association, a non-profit that represents the over-the-counter medicine industry, argues that requiring a prescription would "create a hardship for legitimate consumers," reports Jessie Halladay of The Courier-Journal.

Only Oregon and Mississippi have passed such laws, so Kentucky has become a firewall for the drug makers' lobby, which has bought many radio commercials urging people to contact senators in opposition to the bill, contending it would "punish Kentucky families" and pushing an alternative measure that would bar people convicted of meth making from buying the medicines. Opponents of that bill say meth makers would continue to use surrogates to buy the medicines for them. Sen. Ray Jones, D-Pikeville, who voted for SB 50, called the radio ads "scare tactics." UPDATE: For more on the lawmakers' complaints about the ads, from cn|2 Politics, click here.

As of Feb. 3, the group had spent more than $82,000 running ads on Louisville, Lexington and Somerset radio stations owned by Clear Channel Communications Inc., the nation's largest radio operator, according to public-inspection files at those stations. In 2011, CHPA paid the Kentucky Association of Radio and Television more than $93,000 to run ads, according to public-inspection files from Cummulus Broadcasting, another major owner of stations in Kentucky.

UPDATE, Feb. 17: The drug makers have a 60-second ad from Pat Davis, who identifies herself as "a Kentucky resident for over 20 years" and the mother of six children who all "battle allergies." She is not identified as the wife of 4th District U.S. Rep. Geoff Davis, who is not seeking re-election. She testified against last year's bill. Here is the ad, via Page One Kentucky, a popular blog that has been critical of the legislation.

The drug makers' ads have been running uncontested for two months, but this week a group headed by Knox and Laurel County's Commonwealth's Attorney Jackie Steele, Real Facts About Meth, offered a counter-ad, describing the impact of meth on communities. The group does not appear to be well funded; its website solicits contributions.

Meds-for-meth bill could lead to overcrowding at doctors' office, Hopkinsville hospital official says

Making pseudoephedrine available only by prescription has led to fears of packed waiting rooms in doctors' offices, Dennis O'Neil writes for Hopkinsville's Kentucky New Era. (Photo of Sudafed pills by WebMD.com)

"It could lead to some overcrowding of primary care facilities that are already overcrowded," said James Goss, director of marking and community relations for Jennie Stuart Medical Center.

This session, three bills have been introduced to deal with pseudoephedrine, the key ingredient to make meth. House Bill 80 would prohibit anyone convicted with a meth-related charge from getting the drug without a prescription. The other two bills would prohibit anyone from getting the drug without a prescription, with the exception of pills in gel cap form.

Goss said he is worried a new law would inconvenience patients. "On its face, the bill seems well intended to protect the health and well being of the community," he said. "We are sympathetic to the pocketbook and convenience issues of our patients." (Read more)

Opponents of meds-for-meth bill hold teleconference

Since they were not given the opportunity to speak at last week's legislative hearing about a move to make pseudoephedrine available mainly by prescription, opponents held a teleconference yesterday to air their opinions. It was hosted by representatives of the Consumer Healthcare Products Association, which represents makers of over-the-counter drugs.

Pat Davis, mother of six and wife of 4th District U.S. Rep. Geoff Davis, said "Our children are going to miss school, parents are going to miss time at work," if a prescription bill passes. Davis said she was disappointed she'd not been given the opportunity to speak last week. "There wasn't a single dissenting voice to be heard," she said. Legislators said they ran out of time and opponents would be given a chance to be heard.

Dr. Donald Neel, an Owensboro pediatrician, said he "recommends pseudoephedrine daily because it is the only safe and effective drug that we can recommend over the counter." He added, "It makes absolutely no sense for patients who need pseudoephedrine to have to come to the office, to take time off work. And we don't have time to see them." Neel said he feels "97 percent of his patients use the medicine legitimately,"

The bill at issue would require a prescription for pills containing pseudoephedrine but would not apply to medications using gelatin capsules, which are more difficult to use in meth making.

State Rep. Brent Yonts, D-Greenville, sponsor of an alternaitve bill, said the prescription measure goes too far. "Who do we punish? The soccer moms? Or the criminals?" he asked. His bill would only require the 5,500 people who have been convicted of a meth-related crime to have a prescription. It would also lower the amount of pseudoephedrine people can buy from 9 grams per month to 7.5 grams. It would continue to track the drug using MethCheck, which instantly tracks purchases at the point of sale. He called his effort "a common-sense approach."

Law enforcement and some legislators have criticized Yonts' bill because it won't alleviate "smurfing,"  meth cooks' payment of others to buy pseudoephedrine for them. But Yonts said MethCheck requires people buying the drug to hand over their driver's license and be placed in the system, allowing law enforcement to track who buys it often. "When they see these repeated efforts, they're going to be tracked down," he said, adding 30,000 stores and pharmacies use the system nationwide. "it's the right solution for Kentucky, and we can block criminals from getting this," he said.

Requiring prescription for pseudoephedrine is 'silver bullet' against meth, drug officials say; some lawmakers disagree

By Tara Kaprowy
Kentucky Health News

If Kentucky wants to arm itself with a "silver bullet" against methamphetamine, it needs to make pseudoephedrine available only prescription. That was the advice of top drug officials in Mississippi and Oklahoma, who testified before lawmakers Thursday. Opponents of the idea did not testify but legislators on their side had their say.

"This is a high-stakes cat and mouse game which has damaging results if we don't win," said Darryl Weaver, director of the Oklahoma Bureau of Narcotics. "The bottom line is: Do you want to track meth labs or do you want to eliminate meth labs?"

Marshall Fisher, director of the Mississippi Bureau of Narcotics agreed: "There is a silver bullet and the silver bullet wasn't tracking it; it wasn't limiting the amount. Weaver and Fisher testified at the request of the Senate and House Judiciary Committees, whose members heard exclusively from officials who support prescription-only policy.

Several related bills are on the table this year, including measures by state Rep. Linda Belcher, D-Shepherdsville, and state Sen. Tom Jensen, R-London, that would reclassify the drug to make it prescription-only. State Rep. Brent Yonts, D-Greenville, would apply the prescription rule only to people who have been convicted of a meth-related charge. The bill sponsored by Sen. Jerry Rhoads, D-Madisonville, would prohibit such offenders from buying the drug for five years.

Mississippi passed a prescription-only law 18 months ago and has seen a 67 percent drop in the number of its meth labs, Fisher said. Weaver said he is pushing for a prescription-only law in Oklahoma since its meth problem continues to grow, despite efforts to electronically track and limit sales of the drug.

All efforts have just been temporary fixes in Oklahoma, Weaver said, since they resulted in "smurfing," in which meth cooks pay others to buy pseudoephedrine for them. The same thing happened when that state instituted a drug registry, in which people who had been convicted of a meth-related crime were prohibited from buying pseudoephedrine without a prescription. The problem, Weaver said, is the tracking and registry "formed more of a conspirator group," where cooks were approaching the homeless and the previously uninvolved African American community to buy the drug for them.

Lt. Col. Joe Williams, executive director of the Appalachia High Intensity Drug Trafficking Area, said smurfing is a big problem in Kentucky too, and MethCheck, the tracking system in place now, does little good in helping law enforcement find meth labs. Meth labs "find us for the most part, we don't find them," he said. "Once we find a meth lab, we'll use the electronic tracking system and use that to trace back."

That runs counter to what Maj. Tony King of the Jefferson County Sheriff's Office said Monday on KET's Kentucky Tonight. In order for pseudoephedrine to be made available only by prescription, it must be reclassified as a legend drug. But those drugs are not tracked by MethCheck, which instantly tracks purchases at the point of sale, but by KASPER, the state's slower system for monitoring prescription drug abuse. "We will lose the ability to track these people and we will lose the ability to track these labs," he said.

Several lawmakers asked whether making pseudoephedrine available only by prescription would just result in doctor shopping and cold and allergy clinics popping up like so-called prescription pill mills. Williams said smurfers just won't take that risk. "It's very hard to fake snot in your nose," he said. "It's pretty easy to fake back pain."

Belcher's proposal would exempt pills in gel-cap format from the prescription rule, which prompted Rep. Sarah Beth Gregory, R-Monticello, to ask if that wouldn't eventually become a problem. Yonts pointed out that the U.S. Drug Enforcement Administration has said pseudoephedrine is "readily extractable" from gel caps. Weaver said he's "yet to see one lab that has been made with gel caps and liquids," he said, adding, "We have to find a balance between intrusion of government and what we need to stop the problem."

But it's that intrusion that has Yonts calling his measure the "middle ground," saying it protects "the soccer moms and Walmart moms" from having to constantly take their kids to the doctor but punishes the offenders. And while officials say only 15 cold medicines would be affected by requiring a prescription, leaving 137 other options, Yonts said medicines containing pseudoephedrine account for 63 percent of sales.

Williams said the average meth lab costs $2,100 in law enforcement, including manpower, overtime, equipment and waste disposal. With 1,146 labs found in Kentucky in 2011, that translates to $2.4 million. Sen. Robert Stivers, R-Manchester, said the problem is "a much larger cost to the taxpayers" since "the majority of these people are probably indigent care and the taxpayer is paying the bill for this."

Whatever the cost, Rep. Johnny Bell, D-Glasgow, called the issue "the most important" of the session. "I hope that we'll step forward and think about the human life and the impact it's having."

Representatives of the Consumer Healthcare Products Association said after the meeting that Pat Davis, identified as a mother of six from northern Kentucky, signed up to speak at the meeting but did not get to. She said she would have spoken about a prescription bill's "impact on consumers and parents, yet the committee was forced to watch videos of news reports and slides that have been seen several times already. It is apparent that the voices of consumers and parents aren’t important to the people running this process."

Require all to have a prescription for pseudoephedrine, or just meth criminals? Officials debate the issue on KET

By Tara Kaprowy
Kentucky Health News

If something isn't done now about the prevalence of methamphetamine in Kentucky, "We're going to lose a generation." That was one of the jarring comments from one of the public officials who discussed ways to limit access to pseudoephedrine, the key ingredient in meth, Monday evening on KET's Kentucky Tonight.

The issue is one of the most contentious in the legislative session that began last week. There are two bills on the table aimed at quashing the problem, both sponsored by House Democrats.

Rep. Linda Belcher of Shepherdsville would make pseudoephedrine available only by prescription, but exempt the gel-cap version of the decongestant. Her bill would expire in three years, to give legislators an opportunity to assess its effectiveness.

Rep. Brent Yonts of Greenville would merely require the 5,500 Kentuckians who have already been convicted on a meth-related charge to have a prescription for the drug.

Belcher argued on the program that Yonts' bill "doesn't go far enough, it doesn't do the job," because meth cooks can pay others to buy the drug over the counter, while Yonts said his bill is a "middle ground" compromise. He asked, "Do we punish the whole population of Kentucky or do we punish those who have violated the law?"

Clay County Sheriff Kevin Johnson called into the program and sided with Belcher, saying "As far as putting the crooks on a banned list, that's not going to help the problem." Chris Cohron, Warren County commonwealth's attorney, said officers with the Kentucky Narcotics Officers Association "overwhelmingly support" Belcher's effort.

Maj. Tony King of the Jefferson County Sheriff's Office took an opposing view In order for pseudoephedrine to be made available only by prescription, it must be reclassified as a legend drug, he said, but those drugs are not tracked by MethCheck — the system that instantly tracks pseudoephedrine purchases at the point of sale — but by KASPER, the state's slower system for monitoring prescription drug abuse. "We will lose the ability to track these people and we will lose the ability track these labs," he said.

Meth-lab numbers continue to go up in Kentucky, reaching nearly 1,100 in 2010. Cohron said that is not the case in Oregon, one of two states that has passed a prescription law. He noted that in 2004, there were 472 labs in Oregon and 571 in Kentucky. In 2010, there were 13 in Oregon, and nearly 1,100 in Kentucky. Still, Yonts said Belcher's bill would punish people in all Kentucky counties for the problems of a relatively few counties.

Yonts argued MethCheck is working now, and his bill would merely strengthen what's in place. He said MethCheck stopped more than 14,000 attempts to buy pseudoephedrine last year. "All our surrounding states will very quickly have our system," he said. "CVS and Walgreens will inter-connect. It's a system that instantly verifies. It works." Cohron countered that 100,000 attempts were blocked in Oklahoma, which has a similar system, "but meth labs are still going up by 10 percent a year there. "Being reactive instead of blocking it is not going to solve the problem," he said.

Some callers to the show said Belcher's bill should not exempt gel caps, from which pseudoephedrine is more difficult to produce. Belcher acknowledged her bill is also a compromise and that 97 percent of meth labs use the pill version. Yonts said exempting the gel caps "just opens the door to another problem."

Panelists also discussed the issue of cost. Yonts said the state stands to lose up to $1 million in tax revenue if pseudoephedrine is reclassified as a legend drug, because prescription medication is not subject to sales tax. Belcher said the cost will be far greater, $1 million in manpower alone. "If we're looking at a tight budget, I'd certainly like to take that $1 million and use it for something that is more productive," she said.

Both Yonts and Belcher said they expect their bills to be heard in committee soon. In the meantime, Cohron, who said a generation is at stake if nothing is done, underscored the importance of dealing with the issue without being romanced by drug companies and lobbyists. "We're talking about a billion-dollar industry," he said. "They will spare no expense and they will stop at nothing to defeat it because it a billion dollars on the line."

To watch the show via KET videostreaming, click here.

Kentucky Health News is a service of the Institute for Rural Journalism and Community Issues, based in the School of Journalism and Telecommunications at the University of Kentucky, with support from the Foundation for a Healthy Kentucky.

"Stop Meth, Not Meds," ad sponsored by drug industry advises

With some legislators saying a law is needed to make the decongestant pseudoephedrine available only by prescription, the Kentucky Healthcare Products Association has launched an advertising campaign to fight the effort. The radio commercials urge "public support for a bill that would require prescriptions for pseudoephedrine — but only for people with drug convictions," reports Ryan Alessi of cn|2's "Pure Politics." State Rep. Brent Yonts, D-Greenville, has pre-filed a bill to that effect.

"Can we really afford to miss work or school to go to our doctor every time someone in our family needs Allegra D and Mucinex D?" a female narrator asks in the ad. "The paper said politicians are pushing this because meth dealers use an ingredient in these medicines to help make their drugs." There seems to be a consensus that pseudoephedrine, the key ingredient to make meth, needs to be made less accessible in order to curb meth production, which has skyrocketed in the past year.

House Speaker Greg Stumbo, D-Prestonsburg, and Attorney General Jack Conway say Yonts' bill does not go far enough and won't prevent smurfing, "in which meth makers pay others to buy the maximum amount of pseudoephedrine for them," Alessi reports. Stumbo supports a bill drafted by Rep. Linda Belcher, D-Shepherdsville, that would require a prescription for pseudoephedrine but would expire after three years. (Read more)

Conway, Stumbo say Yonts' pseudoephedrine bill doesn't do enough to stop smurfing

State Rep. Brent Yonts, D-Greenville, has proposed a bill that would make people who have been convicted of meth-related crime to get a prescription to buy pseudoephedrine, but Attorney General Jack Conway and House Speaker Greg Stumbo both told cn|2's "Pure Politics" that the bill wouldn't do much to fight the problem.

"It's not enough," Conway said. "We need to prevent smurfing. We saw the number of meth labs in this state double last year." Smurfing is the use of surrogates to buy ingredients on behalf of those who might otherwise not be allowed to bu

"It's a start, but it's not enough," Stumbo said of Yonts' bill. "I mean, if they were convicted of it, chances are they would still be in jail. But that's kind of like closing the door after the fox has already gotten into the chicken house."

Pseudoephedrine is the key ingredient used to make methamphetamine and is found in many cold medicines, including Sudafed. There are limits for how much of the medicine each person can buy each month, but that has not stopped the problem, Conway say.

As for how the problem will be addressed in the upcoming legislative session, Stumbo said he thinks "The stars are lined up to where we'll have a good, comprehensive bill," but "I don't know what it's going to look like." (Read more)