Pubdate: Fri, 28 Jan 2005
Source: Enid News & Eagle (OK)
Copyright: Enid News & Eagle 2005
Contact:  http://www.enidnews.com/
Details: http://www.mapinc.org/media/2012
Author: Jay F. Marks, Staff Writer
Bookmark: http://www.mapinc.org/meth.htm (Methamphetamine)

PHARMACY ACCUSED OF VIOLATING LAW

An Enid pharmacy could lose its ability to dispense some drugs for 
allegedly failing to adhere to state law dealing with the sale of an 
over-the-counter decongestant.

The local Walgreens store is the first one in Oklahoma to be accused of 
violating the state's newly enacted limits on the sale of pseudoephedrine, 
a key ingredient in illegal methamphetamine labs.

Oklahoma Bureau of Narcotics and Dangerous Drugs served a show cause order 
Thursday to officials at the 615 S. Van Buren store, accusing Walgreens of 
multiple violations of state law governing the sale of pseudoephedrine 
tablets, spokesman Mark Woodward said.

House Bill 2176, which was signed into law last April, is aimed at cutting 
off the supply of pseudoephedrine being diverted to clandestine drug labs. 
Such lab seizures have dropped 70 percent since the law was enacted, 
according to OBN.

The agency could suspend or revoke Walgreens' registration to dispense 
controlled dangerous drugs if an outside arbiter determines the Enid 
location violated the new pseudoephedrine at a hearing next month, Woodward 
said.

The OBN action came in conjunction with Enid Police Department's warrant 
sweep for suspects who purchased large quantities of pseudoephedrine 
tablets meant for drug labs.

Approximately 97 percent of the people who bought more than the allowed 
amount of pseudoephedrine in Enid made their purchases at Walgreens, 
Woodward said.

Officials with the Deerfield, Ill.-based drug store chain maintain it has 
not violated the law.

"Based on the information we have, we've acted in compliance with state 
law," spokeswoman Tiffani Bruce said.

Bruce said Walgreens shares the state's goal of limiting pseudoephedrine 
sales, pointing to the chain's decision to enact purchase limits 
voluntarily before the new law was enacted. She also said the Oklahoma 
stores are keeping a written log of transactions, as required by state law.

Bruce was not able to comment Thursday on allegations in the OBN order that 
enraged Gov. Brad Henry.

The show cause order delivered to Walgreens personnel in Enid Thursday 
includes four pages from a Microsoft PowerPoint presentation that indicates 
the governor overturned an OBN rule regarding the pseudoephedrine rule.

One slide states "it is no longer the responsibility of the pharmacist or 
pharmacy technician to attempt to ensure that persons have purchased 9 mg 
or less within any 30-day period," crediting Henry for overruling OBN.

Paul Sund, Henry's spokesman, said the governor never struck down a rule 
requiring pharmacy personnel to exercise "reasonable care" to ensure no 
improper pseudoephedrine purchases occur.

"We're very disturbed and very angry that someone would be spreading false 
information like this," Sund said.

He said the comments credited to Henry in the presentation are "totally 
false," promising the state would pursue its allegations against Walgreens 
to the fullest extent of the law.

OBN alleges more than 100 people purchased more than the 9 gram monthly 
limit of pseudoephedrine at the Enid Walgreens, citing information from the 
Enid police investigation. Several of those people did so on multiple 
occasions, according to the order.

It also indicates the Drug Enforcement Agency is investigating 14 violators 
of federal statutes involving the manufacturing of methamphetamine and 
diversion of pseudoephedrine for clandestine drug labs.

Walgreens officials are slated to appear Feb. 23 at OBN headquarters in 
Oklahoma City to explain their practices in selling pseudoephedrine and 
tracking transactions.

Woodward said OBN has been inspecting pharmacies, convenience stores, 
grocery stores, wholesalers and distributors of pseudoephedrine since the 
pseudoephedrine law took effect in April to ensure they are complying with 
its requirements.

"We found that most other pharmacies complied immediately and have 
continued to follow the law," he said. "However, we discovered that the 
majority of Walgreens pharmacies, including the Enid store, failed to 
comply with the 9 gram limit and failed to report these violations to law 
enforcement."

Woodward said OBN agents are reviewing logs of pseudoephedrine transactions 
from all 65 Walgreens pharmacies in Oklahoma, which could lead to 
additional show cause orders.

"We have had a lot of problems with Walgreens," he said, "not just in Enid."
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