Texas Places Prescription Drug Reimportation Law on Hold To Allow Time for Review of Federal Complaint

Texas has placed on hold a new state law that will allow residents to purchase less-expensive medications from Canada to allow state attorneys time to review a complaint from the federal government that the measure violates a federal law related to prescription drug imports, the Houston Chronicle reports. The Texas law, part of a broader measure scheduled to take effect on Thursday, will require the Texas State Board of Pharmacy to provide information on a Web site to help state residents purchase prescription drugs from as many as 10 Canadian pharmacies. In addition, the law will require the board to inspect the pharmacies to ensure that they meet Canadian and U.S. safety standards. Acting FDA Associate Commissioner Randall Lutter prompted the review of the legislation with a letter to Gov. Rick Perry (R) that raised concerns about potential safety risks. Lutter also wrote that the federal Food, Drug and Cosmetic Act supersedes the law (Robison, Houston Chronicle, 8/31). In response to the letter, the board asked state Attorney General Greg Abbott (R) to review the legality of the Texas law. Gay Dodson, executive director and secretary of the state pharmacy board, said that the board does not plan to take action on the law until Abbott issues an opinion. The inspection of the Canadian pharmacies required under the law "is not equivalent to licensure," but "the procedure ... would be equivalent to the board condoning, if not promoting, these Canadian pharmacies shipping prescription drugs into Texas," Dodson wrote in a letter to Abbott (AP/Fort Worth Star-Telegram, 8/31). State Rep. Scott Hochberg (D), who sponsored the Texas law, said that the measure does not violate federal law. He said, "States clearly have the right and responsibility to protect the health and safety of their residents, and Texas has a compelling interest to inspect Canadian pharmacies as long as they continue to solicit drug sales to Texans" (Houston Chronicle, 8/31).