Spending bills would allow drug importation

Lawmakers continue to propose language loosening restrictions on importing prescription drugs to the U.S.

By Doug Trapp, AMNews staff. Aug. 27, 2007.

Washington -- Congress passed two spending bills just before its August recess that would expand Americans' access to imported prescription drugs. Both measures, however, still need the other chamber's approval.

A provision in the House version of the 2008 Agriculture appropriations bill effectively would allow individuals, pharmacists and wholesalers to import Food and Drug Administration-approved prescription drugs. The bill, which passed Aug. 2 by a 237-165 largely party-line vote, next heads to the Senate for consideration.

Meanwhile, the Senate passed (89-4) a Homeland Security appropriations bill July 26 with language that would prevent U.S. Customs and Border Protection or the Dept. of Homeland Security from stopping individuals from importing prescription drugs from Canada to the U.S., including via mail order. As of now, Americans are effectively able to carry only a 90-day supply of pharmaceuticals from Canada. The provision, however, would continue enforcement for biologic drugs and controlled substances.

At press time, the future of these two importation provisions was unclear. The Bush administration said the president would veto both bills based on concerns about excessive spending but that it also opposes the bills' drug importation provisions because it would be impossible for the FDA to track counterfeit drugs.

Similar legislative attempts in recent years have been nullified by amendments or removed during House-Senate negotiations. For example, in early May, the Senate considered the FDA Revitalization Act, which included language that would have allowed drug imports from several industrialized countries. But an amendment by Sen. Thad Cochran (R, Miss.) negated this provision by requiring the Health and Human Services Dept. to certify the safety of and savings resulting from drugs purchased outside the U.S. -- something HHS says is not feasible. The amendment was approved May 2 with a 49-40 vote, with 14 Democrats supporting it and 11 Republicans in opposition. The overall bill, including that amendment, was passed a week later by a 93-1 vote and now awaits House action.