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>Louisiana state agencies considers chrages against >Canadian drug importer > > >Canadian Press > > >Saturday, November 08, 2003 >ADVERTISEMENT > > >KENNER, La. (AP) - The Louisiana state Board of >Pharmacy is considering asking that criminal charges >be filed against the Canadian owners of a store that >sells inexpensive prescription drugs. > >The pharmacy board said the store, NorthCareDrugs.com, >is acting as a pharmacy but lacks the permit required >under state law. Over the last few months, the board >has successfully shut down similar operations in the >New Orleans area. > >But NorthCareDrugs.com's marketing director, Stephen >Hua, said the store is not a pharmacy. He said it >simply acts as a broker between individuals and >pharmacies. > >"All we do is forward information to a pharmacy. We >have no direct partnership with them," he said. > >Hua wrote to the pharmacy board informing it he would >disobey the board's order to close. He has asked the >board to list the actions that "make us guilty of >illegally practicing pharmacy." > >The pharmacy board has sent out 10 similar >cease-and-desist orders since Sept. 26. Some went to >Internet sellers of Canadian drugs and others to >Canada-oriented stores and kiosks. > >Carlos Finalet, general counsel for the pharmacy >board, said a store is a pharmacy, even if does not >sell drugs directly but only acts as a referral agent >between a patient and a drug-supplier. By accepting >prescription information, a store is acting as a >pharmacy, Finalet said. > >Hua said his Kenner store will stop transmitting >prescriptions to Canadian pharmacies if the state can >clearly define it as a pharmacy. However, he said >he'll simply ask customers to fax their prescriptions >to the companies themselves. > >He said his company does not accept payments but >arranges to have the customer send payments to >pharmacies in Canada. > >The pharmacy board is considering asking the district >attorney to file criminal charges or seeking an >injunction against the company through civil court. > >Canadian drugs usually cost less as the same or >comparable drugs sold in the United States. They are >cheaper mainly because the Canadian government >restricts wholesale drug prices. > >Some consumers, especially those with health plans >that do not provide pharmacy benefits, see Canadian >drugs as an answer to the spiralling cost of health >care. > >They have some support. State officials in Wisconsin, >Minnesota, Illinois and Iowa have tried to allow their >residents to obtain cheaper prescription drugs outside >the United States. > >But Louisiana and seven other states are fighting the >importation of Canadian drugs or the reimportation of >U.S. drugs. > >The U.S. Food and Drug Administration has fought drug >imports because of safety concerns. > >A federal judge in Tulsa, Okla., on Thursday issued a >preliminary injunction against a chain of 85 stores >called RX Depot, essentially shutting it down. The FDA >had argued the company was violating the law. RX Depot >has said it will appeal.

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