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Date Posted: 01:34:27 05/12/04 Wed
Author: Jimmy
Subject: Internet pharmacy industry co-founder fights to clear name in Manitoba court

Internet pharmacy industry co-founder fights to clear name in Manitoba court

MICHELLE MACAFEE
Canadian Press


Monday, May 03, 2004
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WINNIPEG (CP) - One of the Manitoba founders of the billion-dollar Internet pharmacy industry is fighting in court to clear his name after landing in hot water with the province's pharmaceutical regulatory body.

Andrew Strempler, whose online pharmacy RxNorth is based in Minnedosa, Man., has filed an application in Court of Queen's Bench to quash a decision by the Manitoba Pharmaceutical Association that the pharmacist was, according to the application,"guilty of unskilled practice of pharmacy and professional misconduct."

The association's council recently upheld a discipline committee's earlier finding that Strempler violated the Pharmaceutical Act by filling more than 10,000 prescriptions for American patients that were written by doctors who were not licensed to practice in Canada.

The association found the prescriptions were filled between April 4 and Dec. 1, 2001.

Strempler has asked the court to stay the association's decision pending the outcome of the current appeal and then to overturn the ruling under provisions of the act.

The association has not yet submitted a response to Strempler's application, which was filed in March.

Among Strempler's claims in the court documents is that the association "erred in law by misinterpreting the Pharmaceutical Act, the applicable common law principles and misconstrued the evidence."

One of the most contentious aspects of the cross-border industry is Canadian doctors writing prescriptions and Canadian pharmacists filling them for American patients who have not been examined by a Canadian doctor.

Earlier this year, a Manitoba doctor was reprimanded and fined $10,000 by the College of Physicians and Surgeons of Manitoba for writing more than 9,000 prescriptions for two Internet pharmacies.

Three doctors in Ontario were charged by the College of Physicians and Surgeons of Ontario but have not yet had hearings.

Strempler's court application accuses the association of bias against him and the entire Internet pharmacy industry.

He also states the sentence imposed by the discipline committee was excessive.

The documents do not specify Strempler's penalty. The maximum fine for a pharmacist is $10,000 and the association can suspend a pharmacist's licence, said association registrar Ron Guse.

Strempler could not be reached for comment Monday. His lawyer, Thomas Frohlinger, declined to comment on details of the case.

Doug Abra, the lawyer representing the association, could also not be reached.

Strempler was recently featured in Fortune magazine as one of the founding fathers of an industry that now sells drugs that are up to 80 per cent cheaper to about a million underinsured and uninsured Americans.

It began four years ago when, as a 25-year-old pharmacy graduate, Strempler decided to capitalize on the fact Nicorette gum was much cheaper in Canada than the United States and he began selling it on eBay.

The industry has since ballooned to the point where affordable drug prices are set to become a hot-button issue in this fall's presidential race.

Opponents argue the Internet drugs are unsafe and the industry is creating shortages for Canadians.

The pharmacies have been hit hard in recent months by a decision by drug manufacturers to blacklist Internet pharmacies at the wholesale level in an attempt to prevent the companies from underselling their products to the American market.

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