A Battle In Maine Over Importing Drugs From Canada

For several years, people who work for the state of Maine, the city of Portland and one large employer claim they saved some $10 million by purchasing prescription medicines through a Canadian mail-order pharmacy. But the savings ended last summer after the former state attorney general banned such businesses from doing licensed business in Maine. The move put an end to buying less expensive meds from brokers over the Canadian border.

Now, though, an effort is under way to reverse that decision. A state senator introduced a bill that would specifically license mail-order pharmacies in Canada, the United Kingdom, New Zealand and Australia so they can dispense drugs to Maine residents, MaineBiz reports. Existing law says the state must license a pharmacy that ships prescriptions inside Maine, but another section indicates Maine does not have authority to license pharmacies located outside the US.

The bill, which is called an 'Act To Ensure Consumer Choice in the Purchase of Prescription Drugs,' skirts the ban by including this key sentence: "The dispensing of drugs for personal use to an individual resident of the state from a mail order prescription pharmacy located and licensed in a nation referenced in (federal law) does not constitute the practice of pharmacy" (here is the bill).

If passed, the legislation may rekindle concerns over importing drugs from Canada, which was a contentious topic a few years ago and factored heavily in the push to eliminate counterfeit medicines, an issue that reappeared on radar screens in a big way last year when fake Avastin was discovered to have been ordered from facilities in Canada and elsewhere (read here).

Not surprisingly, the pharmaceutical industry objects to the bill. In a statement to state legislature, MaineBiz notes that the Pharmaceutical Research & Manufacturers of America trade group argues that passage would jeopardize patient safety for a variety of reasons, including the possibility of counterfeit meds entering the supply chain, and that savings would actually be minor.

PhRMA urged legislators "to consider the safety and liability concerns associated with importing and facilitating the importation of pharmaceuticals from abroad," and warned that "pharmacies that claim to be Canadian, Irish or British over the Internet might have no ties at all to (those countries). And many pharmacies based in these countries obtain their drugs from Third World sources such as India, Thailand and the Philippines" (here is the statement).

Last fall, the FDA and law enforcement authorities took various actions against more than 4,100 Internet pharmacies, including filing civil and criminal charges, seizing products and closing down web sites (see this). CanaRx, the Canadian broker that was shipping drugs to Maine employees until last summer, was previously on the FDA radar screen. The agency issued a 2003 warning letter for illegal practices that may harm consumers (here is the letter).

However, Chris Collins, a senior program advisor at CanaRx, argues that "these programs are not Internet pharmacies. They are a network of bricks-and-mortar pharmacies in four countries," he tells MaineBiz. "We're dealing directly with real pharmacies and pharmacists in countries that have laws and regulations that are at least as strong as those in the US, and maybe even stronger." And he claimed that savings ranged from 30 percent to 80 percent.

26 Comments

Mar 21, 2013 - 1:22pm
Let the people buy their meds where they want.

PhRMA is against this?! Imagine that. They would have more credibility if they dropped the "safety & liability" bs and just said we're losing money on every Rx filled outside the U.S.

Mar 21, 2013 - 2:15pm
Yes perhaps next we should do away with this whole "prescription" nonsense & then this messy "FDA approval" stuff & turn this into a truly free marketplace where everyone can buy whatever medicine they want, wherever & whenever they want. Caveat emptor.
Mar 21, 2013 - 2:40pm
Doc, I suspect your attitude would be different if medical care could be delivered by mail. Physician services are a lot cheaper in Canada too.
Mar 21, 2013 - 3:58pm
Salient Point: Ditto. I am in favor of keeping health care costs in check, but only if it is safe, and when it is legal and without the need to seemingly bend existing regulations and responsibilities.

1. If the definition of the "practice of pharmacy" is changed by the State Pharmacy Board for the benefit of CanaRx, then who is next? Would anything (such as federal regulations) stop CVS Caremark from moving their Maine pharmacies to one of these countries and forcing policyholders, potentially including Maine federal oversight and enforcement employees, into using the CVS Caremark foreign mail order pharmacy?

2. Supporters of the the new law claim that there have been no safety issues, but how do they know this and how have they verified it?

Also, if CanaRx gets the definition of the practice of pharmacy changed, wouldn't they still need to have a state pharmacy board license as a drug distributor? Does the federal govt have state drug wholesaler and licensure as part of the Prescription Drug Marketing Act or, as part of receipt of federal funds- Medicaid for example?

Mar 21, 2013 - 10:29pm
John2, In Canada you can't go to a private MD, in England you can. Haven't you seen the articles on "group appointments" with doctors? With the ACA, access will decline and you very well may be doing your office visit by Skype.

A good friend of mine is a neuro-radiologist and although busy and occasionally needed at the hospital for complicated cases, many MRIs, CAT scans and x-rays are sent to India, etc for reading on the cheap.

I find it hard to believe that there are not many competent, ethical and quality pharmacies in Canada that offer U.S. citizens a significant cost savings.

Lastly John, wait and see what happens to care for the masses as we slowly convert to a single payer system. You'll wish you could get it by mail.

Mar 21, 2013 - 11:24pm
Hmm, controlling pharmaceutical prices will save the consumer money, but controlling the $2000 per year that every man, woman, and child in the US contributes annually to keeping physicians in BMWs and 5000 square foot homes will destroy the quality of healthcare for all?

Interesting perspective.

Mar 22, 2013 - 5:40am
$2000 per year? Keep dreaming. Just yesterday insurers stated that many health policy premiums will double, especially for individuals, which more will be as companies drop coverage and pay the fine.

You ain't seen nothing yet.

You might want to do some homework on average compensation for family practice & pediatricians. Many drug reps have greater annual compensation than these physicians- and that is insane.

Mar 22, 2013 - 7:47am
Doc is exactly right. We are headed toward a two-tier health system as employers begin to dump coverage for their employees. Professionals and in-demand employees will get good employer-sponsored coverage and the rabble will be picking through the exchanges.
Mar 22, 2013 - 8:09am
Sales people do well in every business Doc. In business school I knew 28 year old sales reps for software companies making $200K. Its not just pharma.

According to the Center for Medicare and Medicaid Services, spending for physician services in 2011 was $541B, or $1700 per person. (I underestimate the size of the US population in my previous calculation). That's not all salary, in part because the IRS requires that cash flows above a certain amount be taken out of the business as dividends. It also reflects the inefficiency of individual practices which exist mainly so that each MD can rule as king or queen of her own domain.

The healthcare system you are waging a rearguard action to defend costs twice as much per capita as that of the US and Canada, and delivers a lower median life expectancy, poorer prenatal care and higher childhood mortality that either of the above countries.

And yes, I've heard the argument from physicians a million times before that anything we do to restrict their current earnings or ability to do any damn thing they please will destroy the healthcare system. But you guys have been reined in elsewhere, and the results are far better than we get here.

Mar 22, 2013 - 8:11am
Hi John, I believe that in Maine, all individual and small business plicyholders pay a premium surcharge. The surcharge is for the creation and oversight of a fund- a reinsurance fund designed to cover reinsurance for policyholder claims and goes into effect in step amounts.

Despite this, in some cases premiums have continued to increase- up to 34% as of April 1- for some Maine individual policyholders.

In addition, under Maine state health care reform which was passed recently, there is no insurance bureau review of premium rate increase proposals by the state bureau of insurance unless the AVERAGE rate increase is over 9 or 10%.

So, last year, some older Maine individual policyholders above the age of 55 who are more likely to be on drugs such as Plavix or Lipitor saw an average premium increase of over 20%.

According to the recent Express Scripts (and now, Medco) drug trends report, traditional meds prices declined slightly. Specialty is increasing and expected to continue increasing.

The CanaRx FDA Warning Letter and drug list indicate that they do not distribute injectable or infused drugs, so the ability to achieve cost savings is further limited. It also needs to be weighed against the increased logistics costs, and potentially, increased CanaRx associated legal, oversight and enforcement costs.

While I am not an actuary, it seems like it would be difficult to verify current and future CanaRx cost savings.

Mar 22, 2013 - 9:32am
It's remarkable how many people bray about the cost of drugs in the US, but when a news item says that drug expenditures actually declined last year, as happened a few weeks ago, it's met with a collective shrug. Even the NY Times headline on it immediately steered into the idea that prices for specialty drugs are expected to keep rising, as if communicating that something good might be happening was causing the headline writer too much psychic pain.

Most people nowadays choose the narrative first, then exaggerate whatever supports it & ignore whatever goes against it.

Mar 22, 2013 - 9:55am
The large majority of people in the US don't care about drug prices because they are not directly responsible for the cost. With health coverage, Medicare Part D, and Medicaid all they see are copayments and they aren't smart enough to realize that "someone" has to pick up the tab for the rest. It's the US healthcare shell game.
Mar 22, 2013 - 9:57am
And this differs from other aspects of the US healthcare system in what way....?
Mar 22, 2013 - 11:08am
Although the base pair nucleotides in my DNA spell out the word GR EE DI SG RE AT, I have to say that as one of the poorest states in the nation. Maine should be cut some slack. besides, I want the lobstermen healthy enough to get the fresh catch of the to my table at Oceana the same evening.
Mar 22, 2013 - 11:27am
John2, I hope you keep your big pharma job and corporate group healthcare for a long time, because if you have to get your own, it will be an eye opener.

I have no argument with salespeople making big bucks. SALESPEOPLE. Pharma reps are not salespeople. After 35 years working with them in every facet of their mission from hiring, training, marketing and medical they are nothing but a marketing parrot with minimal medical knowledge with rare exception. An average high school graduate could do the job with no problem. So they are overpaid relative to many physicians. And by the way, they really bear no true liability for what they say and DON'T KNOW, except possibly getting fired to move to another gig.

Physicians have a high level of responsibility and accountability. To try and equate the two jobs is a pathetic joke.

If you or a family member ever unfortunately have some type of cancer, don't go to an oncologist, go to an Amgen, Bristol Myers or JnJ rep for treatment.

Mar 22, 2013 - 11:29am
Doc is right. Also in UK their is no incentive to work hard. The government tightly controls the number of senior physicians. You could literally be a Registrar, equivalent to a resident in the US for decades before they make you a consultant. Only then can you make "big bucks". However, you wind up making half the salary of a specialist and take twice as long to train for the position.

If I were over there I would skip the process altogether, go straight into pharma and buy that house in the English countryside.

Mar 22, 2013 - 12:53pm
"Physicians have a high level of responsibility and accountability. To try and equate the two jobs is a pathetic joke."

I would say the unrealistic and for the most part unearned adoration the public has for the body mechanics we call physicians is a joke, when they spend all of 5-10 min with a patient for a diagnosis. It took three or four physicians (depending on the interpretation of events) before one of them was able to diagnose my wife's 22 cm (that's right, the size of a soccer ball) tumor in her abdomen. It's about time they got their version of Hatch-Waxman

Mar 22, 2013 - 1:18pm
FOM your arms are too short to box with G-O-D.
Mar 22, 2013 - 1:58pm
Sales people have to memorize the package insert. Physicians have to memorize the differential diagnosis of chest pain and loading doses of IV fluids. Both are parrots.
Mar 22, 2013 - 2:19pm
Well, Doc, as it turns out I already buy my own health insurance, though I'm not sure exactly what that has to do with the issue of the current healthcare system. How morally worked up can you get about sales reps when you work in a system in which physicians recommend procedures and then get paid piecemeal for doing them?

Imagine what national expenditures for car repair would be if we let our mechanics decide what work needed to be done on our cars, paid them by the procedure, and had them send the bill to a third party for reimbursement. I imagine you'd be running into quite a few of them at your country club.

I'm not sure I follow you're cancer gibe. I'll certainly require the services of a surgeon if I develop a solid tumor. Just as you'll need the products of my industry if you develop HCV, a multi-drug resistant bacterial infection, MS, epilepsy, lymphoma, leukemia, HIV, etc. Physicians, researchers, and farmers all play important roles in society. Your role is not as unique as your comment is intended to convey.

Mar 22, 2013 - 2:50pm
John just make sure you make an appointment for that solid before noon on Friday or you will wait ay least 72 hours to see doc. When my dad biopsies a tumor he called the patient back as soon as he got the diagnosis no matter when it was. If necessary he would bug the pathologist after hours for that result so that the patient wouldn't be left hanging over a weekend. Today that same pathologist and referring physician would turn off their pagers from Friday to Monday while the patient fretted since they don't really give a crap anymore. In fact over the past five years the average doctor productivity had steadily declined as reported in yesterday's NYT or WSJ, can't remember which.

Imagine waiting to pick up your car on Friday evening and be told to wait until Monday because the mechanic had to leave early to take his daughter to soccer practice.

Mar 22, 2013 - 3:58pm
John2, Yes I may need the products pharma develops, it's R&D, not "sales reps".

I guess you have a computer hook up at home to diagnois problems with your car? Maybe you do listen to a good mechanic if your vehicle has problems.

Fat Old Man - let that "body mechanic" make a mistake and you will no doubt be first in line at the lawyers office. As a cardiologist friend told me one time, you're not paying for 30 minutes, but for 30 years of education, experience and learning.

Mar 22, 2013 - 4:03pm
Fair enough OII, but I should pay an extra $5K or so each year keeping MDs motivated so that I don't have to wait an extra 3 days to get my biopsy results in a theoretical scenario?

Thanks, but given a choice, I'd take my chances and the extra $50K that I'll spend on health insurance over the next 10 years.

Besides, you've already agreed to euthanize me if the need ever arises. In fact, you expressed some interest in doing it gratis in the absence of need. Isn't that the type of esprit de corps we need from our medical professionals?

Mar 22, 2013 - 4:03pm
OII, If MDs only parrot, why go to one? Get yourself the newest edition of Harrison's, diagnose yourself, go to across the border to Mexico, Canada or find one of those opioid writing criminals to get your Rx and treat thyself.

Maybe, just maybe, MDs use their training and experience to a small degree. However, pharma reps are legally ONLY allowed to parrot the PI, something even the worst doctor can do on their smart phone.

Mar 22, 2013 - 4:23pm
Doc, as the expression goes a doctor who treats himself has a fool for a patient. Personally I prefer Cecil and Loeb over Harrison's, but your point is well taken. Actually my favorite is Robbins's Textbook if Pathology, a true classic.
Mar 22, 2013 - 4:26pm
Doc, don't tell me about lawsuits, ever hear about 1-800-bad-drug? They troll for customers the day the FDA announces a drug approval. My wife was statiscally much better served by the chemotherapies she received than by the doctors who misdiagnosed her. Tell that 30 years of education line to the general public, maybe they will buy it.