Nevada's Canadian drug program - including the Web site providing contact information on the Nevada-licensed Canadian pharmacies - should be in operation early next week.
Final approval came Thursday from the Legislative Commission's subcommittee tasked with reviewing the regulations.
Nevada's law to make it easier for consumers to buy prescription drugs from Canadian pharmacies was passed by the Legislature in 2005 and went into effect July 1.
Assembly Minority Leader Barbara Buckley, prime sponsor of the legislation, said the regulations are designed to help Americans already buying drugs through the Internet find safe, licensed and regulated Canadian sites to buy from "while we wait for the federal government to do something."
Sen. Mark Amodei, R-Carson City, was the sole dissenting vote. Amodei questioned what recourse the state has if a Canadian pharmaceutical company violates Nevada's rules, and what civil recourse a Nevada customers have if they get a bad prescription.
He was told by pharmacy board lawyer Louis Ling that Nevada has assurances from Canadian drug company regulators that any violations of the contract with Nevada by any of the three pharmaceutical companies would be treated as violations by their investigators. Ling also said just as a Canadian motorist who causes injury in a Nevada accident can be sued, the Canadian drug companies would be subject to Nevada law for any errors causing injury to a Nevada customer.
But Amodei was not satisfied with the answers and voted against the regulations that makes importation of cheaper Canadian drugs possible.
Buckley, D-Las Vegas, told other members of the subcommittee the law was introduced because, "It's pretty clear our national policies are a disgrace."
She said states including Nevada have been forced into the controversy because the federal government refuses to help Americans get the prescription drugs they need. The rates paid by Canadians are anywhere from one-third less in cost to half the price of the same drug in America.
She urged lawmakers to approve the regulations and "finally make this program a reality."
Sen. Randolph Townsend, R-Reno, moved for adoption of the regulations.
The program has already selected Canadian pharmacies that can guarantee the same quality drugs Americans buy in this country.
The final approval comes despite objections from a number of Republican members of the Nevada Senate including Majority Leader Bill Raggio, R-Reno, who at one point objected to the Canadian system as "socialized medicine."
Buckley also had to fight off a challenge by Attorney General George Chanos who said the law creating the program was flawed because it required Canadian drugs to be approved by the Food and Drug Administration, which they are not. Instead, they are approved by Health Canada. He said without FDA approval, no drugs can be imported from Canada.
Buckley said that is an absurd interpretation of the law she authored, which was intended to allow importation of types of drugs which have FDA interpretation if they originate in this country. She said it was never intended to require each bottle of Canadian drugs to bear the FDA stamp of approval, only that the brand and compound in the drugs be FDA approved.
The pharmacy board agreed with Buckley, prompting Chanos to say his office could not defend any resulting lawsuits from the program.
• Contact reporter Geoff Dornan at gdornan@nevadaappeal.com or 687-8750.
Nevada's Canadian drug program
For information on
registered, safe Canadian pharmacies, go to:
www.govcha.org
Click on "Pharmacy
Assistance" at the top, right-hand corner of the page.
The Web site should be
functioning next week.