Bill would let pharmacists deny cold medicine purchases

INDIANAPOLIS – A new bill could give pharmacists more discretion when Hoosiers buy cold medication.

“What I’m trying to do is find a way to strike at meth labs, to reduce the number of meth labs in Indiana,” said Sen. Randy Head, R-Logansport, author of Senate Bill 80, “while allowing law abiding citizens to get the cold medicine they need.”

Ephedrine and pseudoephedrine are commonly used to make methamphetamine.

SB 80, heard by the Corrections and Criminal Law Committee meeting on Tuesday (Jan. 19), would allow a pharmacist to deny a sale of ephedrine or pseudoephedrine based on the pharmacist’s professional judgment and provides the pharmacist with civil immunity. The bill also prevents the sale to individuals who have committed drug related felonies. The Indiana State Police would report these felonies to the National Precursor Log Exchange, also referred to as NPLEx. SB 80 is similar to a law in Arkansas.

Sen. Brent Steele, R-Bedford, said in his county, there were around 246 children in need of services caused from meth-related issues in the home.

“When I talk to people at Walmart and in my community, the average person tells me, ‘I don’t think I’m inconvenienced at all,’” Steele said about implementing the pharmacist’s discretion.

Jim Killen, representing the Indiana Youth Services Association, expresses his support on Senate Bill 80, that discusses pharmacists and ephedrine. Photo By Anastasia Gentry, TheStatehouseFile.com

Jim Killen, representing the Indiana Youth Services Association, expresses his support on Senate Bill 80 that discusses pharmacists and ephedrine. Photo By Anastasia Gentry, TheStatehouseFile.com

Jim Killen, representing the Indiana Youth Services Association, said the child protective service system is in crisis.

“Referrals of child abuse and neglect are up 30 percent. 40 percent in Marion County,” Killen said. “Development of child service staff will tell you that this abrupt increase is due to the exploding substance abuse problem.”

Killen said that SB 80 is a step in the right direction to reducing those statistics and the drug problem in the state.

A few shared concerns over allowing pharmacists the ability to decide whether or not individuals get medications containing ephedrine or pseudoephedrine.

“I know there are people that don’t have that many colds, but I have people in my district that suffer with sinus problems all the time, all career long, and I’m not willing to make them go through another hurdle,” Sen. Jim Tomes, R-Wadesville, said.

“We think it creates a liability for the pharmacists, but from a minority health perspective, the language seems subjective in that the pharmacist gets to decide who gets medication and who doesn’t,” said Tony Gillespie, director of public policy and engagement for the Indiana Health Minority Coalition. “And what we’ve found in some of those situations that minorities are disproportionately affected and that’s our major concern.”

However, Gillespie said the coalition was in favor of Senate Bill 161. SB 161 would also prevent the sale of ephedrine or pseudoephedrine to individuals with drug related felonies reported in the NPLEx system, but it would not allow pharmacists to turn away customers and refuse the sale of pseudoephedrine.

Sen. Greg Taylor, D-Indianapolis, said he preferred SB 161 to SB 80.

“Register the people who are doing the bad stuff. Quit putting the burden on the people who are not doing it,” Taylor said. “We are making the pharmacies a doggone law enforcement officer and that’s not what we are doing. Its bad public policy and I will never support it.”

The committee passed two amendments for SB 80. One would remove the NPLEx regulations since they’re already in SB 161. The other would allow the individual to choose between medications after the pharmacist’s consultation. The bill passed as amended 8-2.

SB 161 was sent to the Appropriations Committee.

 

Article writer Amanda Creech is a reporter for TheStatehouseFile.com, a news website powered by Franklin College journalism students.