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From the desk of
Dennis Iverson, Steve Snezek and Jim Smith
406-495-8383

May 10, 2007

Legislator

Dear Legislator,

On May 4, the Governor vetoed H.B. 536 sponsored by Rep. Becker, and Rep. Stoker, and sponsored in the Senate by Senator Lewis and Senator Cochiarella.  This bill is a bill to protect the consumer, and is the result of long discussions with the Montana Board of Pharmacy, the Montana Pharmacy Association, PhRMA and Pfizer.  We were all able to agree that the final bill was a good bill to ensure that the prescription drugs are what the labels says they are.  We respectfully urge you to override the veto on H.B. 536.

You have received other communications that describe why this bill is needed and how it protects consumers, and other handouts have addressed the problem of dangerous, counterfeit drugs.  Let us address some of the concerns expressed in the veto message.

  1. The veto message states that the Montana Board of Pharmacy currently has the ability to do this.  The Montana Board of Pharmacy testified in favor of this bill, and in testimony said that they needed this bill to give them the authority that they need to protect the consumer.  In addition, the National Association of Boards of Pharmacy believe that this bill is necessary.
  2. The veto message states that the Federal Government already has the enforcement power to regulate.  This is true to an extent.  Unfortunately, the Federal Government has not stepped up to the plate and exercised that authority.  This is why over 23 states have passed versions of this bill, including our surrounding states of Wyoming, Idaho, North Dakota and South Dakota in 2007.  Many other states are considering this bill this session.  In addition, the regulation and licensure of wholesale distributors is, and should continue to be a state responsibility.  While we will continue to urge the Federal Government to exercise their authority on this issue, we continue to believe that the state of Montana should regulate wholesale distributors, just as this bill provides.
  3. The veto message states that this bill may prevent our consumers from purchasing drugs at a discount rate.  We do not see how this will happen.  The only prescription drugs that this bill effects are counterfeit drugs.  So the only price increases will be on fake drugs – which we see as a good thing.
  4. The veto message states that there is ambiguity in this bill that might prevent Montana’s ability to re-import safe but less costly drugs.  As stated above, this bill will not affect the price of drugs.  And this bill will not prevent consumers from buying via the internet, or from Canada. But if we are concerned about the safety of drugs, whether imported or domestic, then we should pass this bill.  Montanans should feel safe when purchasing their prescription drugs.  Requiring a pedigree for drugs that leave the normal chain of distribution (which is contained in this bill) will ensure that consumers have a way of knowing that their drugs are legitimate.

 

Thank you for the great work that you do for Montana, and we respectfully urge you to protect consumers and override the veto on H.B. 536.

Please feel free to call at any time with questions.

Sincerely, The following proponents of H.B. 536.

Dennis Iverson
PhRMA
Steve Snezek
Pfizer 
Jim Smith
Montana Pharmacy Association