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." - --- MAP posted-by: Jackl