I received the
following communiqué from the International
Academy of Compounding Pharmacists on March
27, 2007. It is clear that Big-Pharma has
rallied their forces - and their financial
clout - and they're taking direct aim at
compounding pharmacists. This time they've
enlisted the aid of some big political
hitters. I feel that I constantly imposing
on my readers with this same topic. I'm
sorry for this intrusion, but I fear for my
future and for those our pharmacy serves.
Congressional Quarterly
reported March 26, 2007 that pharmaceutical
companies are in “high lobbying mode” to
support the Kennedy legislation to shift
control of pharmacy compounding to FDA. The
article reports:
Big pharmaceutical companies have joined
forces with aggrieved families of patients
who allege they’ve been harmed by hand-mixed
medicines . . . to push for the passage of a
bill currently being drafted by [Senator]
Kennedy of Massachusetts . . .
State pharmacy boards currently oversee the
thousands of pharmacies that make compounds.
Kennedy’s plan would shift primary oversight
to Washington . . . Bigger drug
manufacturers counter that compound makers
are exploiting their regulatory exemption
for profit. “They’re basically making bulk
quantities and selling them to doctors at a
discount,” says Eamonn P. Hobbs, whose
company, AngioDynamics, manufactures
treatments for varicose veins.
Companies such as AstraZeneca, which makes a
drug for asthmatics, are teaming up with an
activist group called the Allergy & Asthma
Network Mothers of Asthmatics to press for
the Kennedy bill. The mothers say that some
pharmacies filled prescriptions using
store-made compounds without informing
parents, exacerbating their children’s
asthma symptoms.
Bill supporters are in high lobbying mode.
The mothers group has created a
12-organization coalition, the Consumer
Health Alliance for Safe Medication,
supported in part by drug companies and
patient groups, and it is already sending
blasts of e-mail to it [sic] supporters. “If
you don’t contact your senator TODAY,” one
reads, “businesses who make a living giving
patients potentially harmful medications
will make sure this legislation never makes
it to a vote!”
The alliance plans to hold a three-day forum
in Washington starting April 30 that kicks
off with a session including an update on
their advocacy campaign. Pharmacists,
meanwhile, plan to devote their July fly-in
to Capitol Hill to lobbying their side of
the issue — and reminding legislators that
existing laws and regulations effectively
curb abuses.
Drug companies want bright-line language in
the bill to stem any pharmacy-based
manufacturing of drugs. “When a pharmacy is
compounding a product, it should be because
there’s no commercially available product,”
says Marjorie Powell, senior assistant
general counsel for the Pharmaceutical
Research and Manufacturers of America. The
group also wants to ban compounders from
using ingredients withdrawn from commercial
medicine uses and to ensure that they work
in sterile environments. . .
ACT NOW
The Senate is in recess next week, April
2-6. Set up an appointment to visit your
Senator in his or her district office (enter
your zip code at
http://www.congress.org to obtain
contact information for your members of
Congress). The following Senators are on the
HELP committee that has jurisdiction for
this legislation:
Edward Kennedy (Mass.)
Christopher Dodd (Conn.)
Tom Harkin (Iowa)
Barbara A. Mikulski (Md.)
Jeff Bingaman (N.M.)
Patty Murray (Wash.)
Jack Reed (R.I.)
Hillary Rodham Clinton (N.Y.)
Barack Obama (Ill.)
Bernard Sanders (I) (Vt.)
Sherrod Brown (Ohio)
Michael B. Enzi (Wyo.)
Judd Gregg (N.H.)
Lamar Alexander (Tenn.)
Richard Burr (N.C.)
Johnny Isakson (Ga.)
Lisa Murkowski (Ark.)
Orrin G. Hatch (Utah)
Pat Roberts (Kan.)
Wayne Allard (Colo.)
Tom Coburn, M.D. (Okla.)
Compounders have won numerous decisions in
the courts (even the U.S. Supreme Court) and
many smaller battles. When Wyeth petitioned
the FDA to interfere with compounders'
preparation of bioidentical hormones over
55,000 comments were filed with the FDA - in
support of compounding pharmacists.
The AMA passed a resolution a few months
ago, siding with the drug makers. They again
wanted the FDA to "do something" about
compounders. And, people from all across the
land voiced their opinion.
This latest assault is being spearheaded by
Senator Edward Kennedy. I guess the courts
and public opinion weren't good enough for
our adversaries. Those who want us out of
the way have taken their ideas and their
dollars to he highest levels of politics. If
they can't destroy us through the courts and
the government agencies, perhaps they will
be more successful using politics and
legislation. This is a dangerous path to
take.
Compounding is a time-tested process and
vast numbers of commercial drug products had
their humble beginnings at the hand of a
skilled compounding pharmacist. The safety
numbers for compounding are staggering.
Those behind this recent attack are
convinced that Federal regulations are the
best protection available for the American
public. These are the same kind of
regulations that allowed the wide
distribution of Vioxx (it was removed from
the market and then allowed back after
several months). States have always been
responsible for regulating the activities of
pharmacies within their borders. This recent
effort, then, is an effort to impede States
Rights and replace them with more central
power.
This isn't about safety or good medicine.
It's about money, politics, and States
Rights. If the money handlers and drug
makers are successful with this effort where
do you suppose it will end?
Some people fear large centralized
governments. I do. Our founding fathers knew
the dangers and created a government that
was supposed to avoid the pitfalls common to
large central governing bodies. Over the
years those original thoughts have been
eroded. The attack on our freedoms will not
stop with the destruction of the way
pharmacy is practiced. Who knows who will be
the next target.
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