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> >Kenner store defies order to close > > > >Saturday November 08, 2003 > > >By Mary Judice >Personal finance writer > >The Louisiana Board of Pharmacy, which has >successfully closed down kiosks and storefronts >selling cheap Canadian pharmaceuticals in recent >weeks, is deciding what to do about a Kenner >storefront that's refusing to shut down. > >The storefront, called NorthCareDrugs.com on Williams >Boulevard, is snubbing the board's order to stop >operating its pharmacy because it claims it doesn't >operate a pharmacy. > > > From Our Advertiser > > > > >"We will not close because we are not a pharmacy," >said Stephen Hua, director of marketing for >NorthCareDrugs.com of Winnipeg, Manitoba. "All we do >is forward information to a pharmacy. We have no >direct partnership with them." > >Hua wrote to the pharmacy board informing it that he >would not abide by the board's cease and desist order >to close the store. He has asked the board to list the >actions that "make us guilty of illegally practicing >pharmacy." > >The pharmacy board sent out 10 cease and desist orders >since Sept. 26. Some went to Internet sellers of >Canadian drugs and others to Canada-oriented >storefronts or kiosks. Last month, Access Canada RX, >which operated a kiosk in Oakwood Center on the West >Bank, shut down. The state also has shut down Canada >Discount RX and Northlandmeds Pharmacy. > >Carlos Finalet, general counsel for the pharmacy >board, said a storefront or kiosk is, by state >definition, a pharmacy even if does not sell drugs >directly but only acts as a broker or referral agent >between a patient and a pharmaceutical supplier. A >storefront is considered a pharmacy by accepting >prescription information, Finalet said. > >Hua said that if his company is defined as a pharmacy >because it accepts prescriptions and transmits the >information to pharmacies in Canada, then his company >will stop transmitting them and ask customers to fax >their prescriptions themselves. He also said his >company does not accept payments but arranges to have >the customer send payments to pharmacies in Canada. > >Finalet said the state is in negotiations with other >state and federal agencies about what follow-up steps >to take against firms that do not follow its orders. >Possibilities include asking the district attorney to >file criminal charges or seeking an injunction through >civil court. > >Canadian drugs usually cost less, often at least 33 >percent less, as the same or comparable drugs sold in >the United States. They are cheaper because the >Canadian government restricts wholesale drug prices >and limits malpractice suits. Also, much of the high >cost of pharmaceutical research and development is >borne by American consumers. > >The issue of importing cheaper Canadian drugs has >galvanized both sides. > >Some consumers, especially those with health plans >that do not provide pharmacy benefits, see Canadian >pharmaceuticals as an answer to the spiraling cost of >health care. They have gotten some support. State >officials in Wisconsin, Minnesota, Illinois and Iowa >have tried to allow their residents to get cheaper >prescription drugs outside the United States. > >The movement to allow drug imports got a boost when >New York Mayor Michael Bloomberg said he will press >federal officials to allow New York City to import >drugs for city workers. > >Michael Albano, mayor of Springfield, Mass., offered a >Canadian drug benefit to city workers this year, and >the city expects to save $4 million to $9 million a >year. > >However, other states, like Louisiana, are fighting >the importation of Canadian drugs or the reimportation >of U.S. drugs. Other states opposing importation are >New Jersey, New York, Oklahoma, Montana, North >Carolina, Oregon and Indiana. > >The U.S. Food and Drug Administration has fought drug >imports because of safety concerns. Many imported >drugs are not approved by the FDA and may have too >little active ingredients or may be expired or even >contaminated. > >The FDA allows individuals to bring in three-month >supplies of prescription medicines from other >countries, as well as some drugs for experimental use. >But it is generally illegal to import a drug into the >United States. > >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 that RX Depot was violating the law. RX >Depot has vowed to appeal. > >In Louisiana, the board licenses all pharmacies >operating in the state. One requirement of the license >is that prescription drugs sold be approved by the FDA >and come from licensed sources. There are no foreign >pharmacies licensed in Louisiana. > >Finalet said the board not only wants the storefronts >to close but also wants to stop Canadian pharmacies >from filling prescriptions from Louisiana residents. > >Finalet said the state would treat those operating a >storefront for Canadian pharmacies the same as >Canadian Internet pharmacies that do not have a >physical presence in the state but supply prescription >drugs to consumers in the state. > >He said the state may send additional cease and desist >orders to kiosks and Internet sites soon. > >"The Louisiana Board of Pharmacy is being very >aggressive on these issues," Finalet said. "We are at >the forefront nationally." > >Finalet said the cease and desist order is a >preliminary notice, taken before any other >disciplinary action. He said practicing without a >pharmacy permit is a crime in Louisiana. > >Hua, meanwhile, said his company operates another >storefront in Florida and plans to open three in >California soon.

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