Over-the-counter drug makers start campaign to educate potential meth 'smurfers' about consequences of their actions

By Al Cross
Kentucky Health News

The lobby for makers of over-the-counter drugs, which has fought laws to tighten controls on sale of cold medicine that is used to make methamphetamine, is starting a public-education campaign to discourage evasion of the system that tracks purchases of pseudoephedrine. The targeted states are Kentucky and Alabama, which could be key to preventing passage of laws like the one in Mississippi, which requires a prescription for pseudoephedrine. UPDATE, 4/19/13: Missouri has been added.

The Consumer Products Healthcare Association rolled out the campaign in Alabama last month. It joined with the Kentucky Pharmacists Association and the Kentucky Retail Federation yesterday to announce the program in Kentucky, and won the blessing of its primary adversary in the state's legislative battle, Senate Republican Leader Robert Stivers of Manchester. Also on hand at Wheeler's Pharmacy in Lexington was Democratic Gov. Steve Beshear, who had stayed out of the fight until he signed the bill.

Stivers, who is in line to become Senate president, was asked if the drug makers' move signaled a truce in the battle. He indicated that he would wait to see the impact of this year's law, which reduced the amount of pseudoephedrine that can be bought during one a month, before trying to tighten it. "Let's look at the history and see what happens," he said. Earlier, he said: "I appreciate the fact that they're coming here in a very conciliatory way, a very open way, to say we all know there is a problem."

Beshear noted that fewer meth labs have been found in Kentucky this year, but said the success of the law depends on educating the public: "As laws are passed, criminals adapt and find new ways of getting around them."

Preventing that is the goal of CHPA's "Anti-Smurfing Campaign," named for the practice of meth makers using others, "smurfs," to buy pseudoephedrine for them. Beshear noted that the new law makes smurfing a felony, and said the posters are "designed to make smurfers think twice" and "think of the moral and criminal consequences of their actions." He told cn|2 Politics, "I think will be a good deterrent in this situation."

CHPA's director of state government affairs, Carlos Gutiérrez, said the posters were tested in 2011 with focus groups of Kentuckians and strike a balance of educating potential smurfers without alarming law-abiding buyers of pseudoephedrine.

In its efforts to kill Stivers' prescription bill during the 2012 legislative session, CHPA spent more than any other lobbying group has ever reported spending on a legislative session, and that did not include hundreds of thousands of dollars it spent on radio commercials urging listeners to lobby legislators about the bill. Lobbies in Kentucky do not have to report what they spend on such indirect lobbying. Guiterrez was asked if CHPA would do that, and he said he would look into it.

UK study definitively shows that meth labs proliferate in state's counties where pseudoephedrine sales are high

A University of Kentucky research study published in the Journal of the American Medical Association this week shows a direct correlation between pseudoephedrine sales and methamphetamine production in Kentucky counties. Pdeudoephedrine, the main ingredient in Sudafed and similar decongestants, is the key feedstock for meth labs. The General Assembly further limited its sale this year.

“We find that counties where more pseudoephedrine is sold, more methamphetamine lab seizures are reported. Even though Kentucky requires pseudoephedrine sales to be tracked electronically, in real-time, the per-capita sales in some counties appear to be aberrant. Our results indicate a 565-fold variation in pseudoephedrine sales between counties. It is highly improbable that demand for pseudoephedrine in these counties is solely due to cough/cold/allergy,” explained Jeffrey Talbert, director of the College of  Pharmacy's Institute for Pharmaceutical Outcomes and Policy.

The other authors of the study are College of Pharmacy faculty members Karen Blumenschein and Trish Freeman, staff member Amy Burke, and Arnold Stromberg of UK’s Department of Statistics. For a copy of their report, click here.

Book on Appalachian health gets good review from doctor

A new book discusses the health disparities that affect rural and urban Appalachians and has won the praise of a Kentucky physician, who calls its impact "profound."

Appalachian Health and Well-Being was reviewed by Dr. Kevin Kavanagh, a retired physician from Somerset, for The Courier-Journal.

Each chapter stands alone so readers can choose topics according to their interests. One chapter focuses on obesity and discusses issues like "food deserts" and lifestyle choices. The authors "suggest policy changes for childhood obesity of health school lunches, elimination of junk food and drinks from school vending machines, and an increase in physical activity," Kavanagh writes.

The book also sets the facts straight on myths such as the high incidence of consanguinity and the use of home remedies and faith-based healing in rural Appalachian communities. The authors find Appalachian communities are no different than other rural regions in these regards.

The book, edited by University of Cincinnati scholars Robert L. Ludke and Phillip J. Obermiller, also discusses the methamphetamine epidemic. It notes that in Eastern Kentucky 377 meth labs were found in 2005, while in 2011, nearly 200 labs were found just in Laurel County alone. "For those who wish to understand the health and well-being in Eastern Kentucky, this is an insightful book which will give us all an appreciation of the herculean task that has been placed upon the Kentucky Cabinet for Health and Family Services," Kavanagh concludes. (Read more)

To fight meds-for-meth bill, Consumer Healthcare Products Association spent almost $500,000 in last session, a record

The biggest spender to lobby the Kentucky legislature in the 2012 session was the Consumer Healthcare Products Association, which represents the over-the-counter drug industry. Of the $8.8 million spent in 2012 overall, the group spent nearly $500,000, breaking the record it set in 2010 by spending $311,000.

The group was fighting a bill that would have made cold medicines that contain pseudoephedrine, the key ingredient to make methamphetamine, available only by prescription. Its report did not include several hundred thousand dollars spent on advertising to the general public, asking citizens to contact legislators. That does not fall under the state's legal definition of lobbying, which does include other methods CHPA used, such as phone banks, social media and other Internet activities.

The Senate and House ultimately passed a compromise bill that lowers the amount of pseudoephedrine a person can buy in a month from 9 grams to 7.2 grams. The maximum a person can buy in a year without a prescription is 24 grams. For a story from the Lexington Herald-Leader, click here. Gor one from The Courier-Journal, go here.

Meds-for-meth bill drew record lobbying expenses, not even including radio and newspaper ad campaigns

Makers of over-the-counter drugs spent more than any lobbying interest ever had during a single Kentucky legislative session in their effort to defeat a bill requiring prescriptions for the key ingredient in methamphetamine, Bill Estep reports for the Lexington Herald-Leader.

"The Consumer Healthcare Products Association spent $457,053 on lobbying activities in the first three months of this year's legislative session, according to reports filed with the state Legislative Ethics Commission," Estep writes. "The group's lobbying effort was so dominant that it spent more than the next five groups combined in that period, January through March, according to spending reports."

And the figure doesn't even included hundreds of thousands of dollars that the trade group spent on radio and newspaper campaigns, because the lobby-reporting requirements do not apply to messages aimed only at the general public. The group did report spending on "a phone-bank operation to put people in contact with legislators to voice concerns about legislation to require a prescription for medicine containing pseudoephedrine, which is now available over the counter," Estep writes.

Read more here: http://www.kentucky.com/2012/04/30/2170495/makers-of-cold-medicines-set-new.html#storylink=cpy

The efforts, dating back to 2010, were partly successful. The legislature passed a bill "that will require a doctor's prescription for pseudoephedrine, but only after someone has bought 24 grams of the medicine a year," Estep notes. "A 48-count box of the generic medicine with 30-milligram pills contains 1.44 grams of pseudoephedrine. The bill excludes limits on gel caps and liquid pseudoephedrine." (Read more)

The lobbying effort wasn't only about Kentucky. The makers of Sudafed and other pseudoephedrine preparations are trying to stave off similar efforts in other states, and viewed Kentucky as a sort of firewall after seeing prescription-only laws pass in Oregon and Mississippi.

Read more here: http://www.kentucky.com/2012/04/30/2170495/makers-of-cold-medicines-set-new.html#storylink=cpy

Read more here: http://www.kentucky.com/2012/04/30/2170495/makers-of-cold-medicines-set-new.html#storylink=cpy

'Meds for meth' bill is about to become law despite heavy lobbying campaign by pharmaceutical companies

The bill to limit purchases of a popular cold medicine used to make methamphetamine passed the General Assembly today and Gov. Steve Beshear said he would sign it.

The Senate voted 29-8 to approve changes the House made in Senate Bill 3, sponsored by Senate Majority Floor Leader Robert Stivers, R-Manchester, left. The bill would require a prescription to buy more than 7.2 grams of pseudoephedrine in a month and 24 grams in a year. "A generic box of pseudoephedrine with 48 pills, each with a 30-milligram dosage, contains 1.44 grams of the medicine," Jack Brammer of the Lexington Herald-Leader reports. ""Gel caps and liquid pseudoephedrine would be excluded from the limits in SB 3 because making meth from those forms is considered more difficult."

The bill’s sponsors had wanted lower limits, and initially a prescription for any amount, "but they compromised with opponents who worried about inconveniencing cold and allergy sufferers," Brammer notes. "The pharmaceutical industry has lobbied aggressively against the state requiring prescriptions for pseudoephedrine at any level," ranking first in reported lobbying expenses without even counting its extensive advertising campaign. The industry apparently viewed Kentucky as a sort of firewall, the absence of which could make passage of similar "meds for meth" bills in other states. Only Oregon and Mississippi now have such legislation.

Makers of Sudafed, similar cold medicines again lead in legislative lobbying expenses, and that doesn't count their radio ad campaign

The Consumer Healthcare Products Association, which is fighting legislation that would limit the amount of pseudoephedrine that could be bought without a prescription, remained the leading spender among lobbying interests at the General Assembly in February, the state Legislative Ethics Commission said in its monthly newsletter.

CHPA, which represents manufacturers and distributors of over-the-counter medicines, spent $192,985 on lobbying in February, and a total of $388,000 for the first two months of the session. Those amounts do not include an extensive radio advertising campaign, which from all indications has cost more than the spending that had to be reported.

Other health-care interests were among the top spenders in February. Ranking second through 11th were the Kentucky Hospital Association ($38,422, for a two-month total of $74,543); the Kentucky Chamber of Commerce ($30,056, two-month total $63,404); Altria (Philip Morris) Client Services ($28,129, two-month $50,434); the Kentucky Farm Bureau Federation ($24,805, total $38,655); AT&T ($24,199, total $47,432); the Kentucky Medical Association ($21,958, total $42,731); the Kentucky Education Association ($21,629, total $45,249); the Kentucky Retail Federation ($21,191, total $45,452), which also opposes the meds-for-meth bill; Kentuckians for the Commonwealth ($18,317, total $34,188) and the Kentucky Optometric Association ($18,227, total unavailable).

Meds-for-meth, pain-pill bills each clear a second chamber; both probably headed to conference committee(s)

"State lawmakers gave new life Wednesday to two bills designed to tackle Kentucky's problems with methamphetamine labs and prescription drug abuse," John Cheves and Jack Brammer report for the Lexington Herald-Leader.

"On a 60-36 vote, the House approved Senate Bill 3, which would further limit the amount of cold medicines containing pseudoephedrine that consumers could buy without a prescription. Pseudoephedrine is a key ingredient used in making meth. Meanwhile, the Senate approved House Bill 4, which transfers from the state Cabinet for Health and Family Services to the attorney general's office an electronic monitoring system that keeps track of prescriptions for pain pills. The vote was 26-9. Both bills are likely to go to conference committees made up of representatives from both chambers, who will try to negotiate a compromise on differences in the House and Senate versions of the bills." (Read more)

House panel OKs "meds for meth" bill; chair predicts passage

The bill to limit purchases of the cold medicine used to make methamphetamine cleared another legislative hurdle Monday, and the chairman of the committee that approved it predicted that it will become law despite a heavy lobbying effort by over-the-counter drug makers.

By a 10-4 vote, the House Judiciary Committee approved a version of Senate Bill 3 that differs slightly from the version passed by the Senate. Rep. John Tilley, a Hopkinsville Democrat and the committee’s chairman, predicted the revised SB 3 will pass on the House floor. "Tilley said Senate leaders have signed off on the changes the House committee made," Jack Brammer reports for the Lexington Herald-Leader. The House version clarifies "language regarding prescriptions" and would ban "criminals convicted of meth-related offenses from purchasing pseudoephedrine for a five-year period," Mike Wynn of The Courier-Journal reports.

The core of the bill would allow consumers without meth records to buy 7.2 grams of medicines with pseudoephedrine each month, approximately a two-week dose, and up to 24 grams per year, without a prescription. Another 7.5 grams a month or 90 grams a year could be available with a prescription. "Experts have testified that those amounts are adequate for most cold and allergy sufferers, and more than 90 percent of all purchasers use dosages that fall below the proposed thresholds," Wynn reports. "State law already limits purchases to 9 grams per month, with a yearly cap of 108 grams, and purchasers are required to present a photo ID and sign a log at the point of sale."

The bill would not apply to gelcaps, which are more difficult to use for meth, or liquids, which are used for children. (Read more)

Meds-for-meth bill stalls in state House committee

A measure aimed at curbing methamphetamine production failed to come to vote in the House Judiciary Committee Tuesday. Rep. John Tilley, a Hopkinsville Democrat who chairs the committee, said he hopes Senate Bill 3 will be voted on later this week.

The bill, which was passed by the Senate March 2, "would allow consumers to buy 7.2 grams per month of medications containing pseudoephedrine and up to 24 grams annually, an amount adequate for most cold or allergy sufferers, according to testimony," reports Deborah Yetter for The Courier-Journal. "A doctor's prescription would be required for an additional 7.5 grams per month or an additional 90 grams per year." The bill would exempt liquid or gel-cap formulations of the drug.

Right now, Kentuckians can buy 9 grams of the medicines per month and 120 grams per year.

Some committee members said they are concerned people could be breaking the law if they get or own too much of the drug. Rep. Joe Fischer, R-Fort Thomas, said his wife takes Claritin D, which contains pseudoephedrine, for allergies on a regular basis and asked if the bill would make it too hard for people like her to get the drugs without going to the doctor first. (Read more)

Campbellsville pharmacists have mixed views about meds-for-meth bill; a good example of localizing a statewide issue

Pharmacists have mixed opinions about a bill that would require a prescription to purchase pseudoephedrine after a monthly or yearly limit has been reached, reports Calen McKinney for the Central Kentucky News Journal in Campbellsville. (Photo by McKinney)

The drug is the key ingredient used to make methamphetamine. Last week the Senate approved a bill that would limit non-prescription individuals' purchases to 7.2 grams per month and 24 grams per year.

Tresa Phillips at Nation's Medicines in Campbellsville told McKinney she feels the system in place now — an instant computer tracking system called MethCheck — is working. "I'm not sure that a new law is going to make a big difference," she said, adding that a person who is buying the drug already has to show state-issued identification.

However, Jay Eastridge at Eastridge-Phelps Pharmacy applauded the move. "It sort of restricts pseudoephedrine getting into the wrong hands," he said. "I wholeheartedly support the bill." Eastridge said pharmacists have become "gatekeepers" in the face of the meth epidemic and "it's just painful to watch" people coming in "from one drug store to the next seeing what they can get."

Ed Baise of the Medicine Centre agreed that pharmacists have "become the police" when it comes to limiting pseudoephedrine. But he said the drug should be put in a class of its own and pharmacists should be responsible for controlling purchases. Baise pointed out allergy sufferers could be inconvenienced by the bill. "This may help some," he said, "but it's not gonna solve the problem." (Read more)

Anti-meth bill passes Senate; limits monthly pseudoephedrine purchases to 7.2 grams a month and 24 grams a year

In an effort to curb methamphetamine production, the Senate passed a bill Friday that will limit the amount of pseudoephedrine that can be bought monthly and annually.

Senate Bill 3, approved 25-11, will allow consumers to buy 7.2 grams of medicine containing pseudoephedrine per month and up to 24 grams per year. The bill now goes to the House for consideration. House Speaker Greg Stumbo, D-Prestonsburg, said House members generally support what the bill is trying to accomplish but want to study its details, report Jack Brammer and Beth Musgrave of the Lexington Herald-Leader.

Right now Kentuckians are allowed to buy 9 grams per month and 120 grams per year. Sen. Robert Stivers, R-Manchester, sponsored the bill, which originally only allowed the purchase of 3.6 grams per month and 15 grams per year. That changed after Sen. Jerry Rhoads, D-Madisonville, filed an amendment that increased the limit to the 7.2 and 24 grams. (Associated Press photo by the late Ed Reinke of Sen. Stivers)

The bill also prohibits anyone who has been convicted of a drug-related offense from buying the drug for five years. Pseudoephedrine, which is in several cold and allergy medicines, is the key ingredient to make meth. The bill does not pertain to pseudoephedrine that comes in gel or liquid format; meth is more difficult to make using these formulations.

"I still don't think it's the best situation," Stivers said of the revised bill. "It's what we could get passed. Let's see what this does."

Opponents, namely the Consumer Healthcare Products Association, were "disappointed with the outcome of the vote," said Scott Melville CHPA president and chief executive. "CHPA is committed to working with legislators to win the battle against methamphetamine, but gaining the upper hand against meth producers and dealers does not require unnecessary restrictions imposed on many Kentucky families — particularly seasonal allergy sufferers — by burdening them with increased health-care costs, lost wages, and unnecessary trips to the doctor."

The CHPA represents makers of over-the-counter drugs and is continuing a vigorous and expensive campaign of lobbying and radio commercials to defeat the bill. (Read more)

Compromise meds-for-meth bill clears committee; third drug-related bill to pass this week

Update, March 2: Just hours after the committee approved the bill, Senate Majority Leader Robert Stivers, R-Manchester, "declared its future uncertain," reports Jack Brammer for the Lexington Herald-Leader. Stivers said there is "a very successful lobbying campaign" against Senate Bill 3 and said he did not "want to subject lawmakers to continued pressure by the makers of pseudoephedrine," Brammer reports. Though he wouldn't call the bill dead for this year, Stivers said he would decide soon on whether he would continue to pursue the bill's future. (Read more)

The compromise bill that will require a prescription to buy pseudoephedrine after a monthly or annual limit is reached passed 7-4 in the Senate Judiciary Committee this afternoon.

Senate Bill 3 will allow people to buy up to 3.6 grams of the drug a month and a maximum of 15 grams per year. After those limits have been reached, patients will have to see a doctor to obtain a prescription for more. The intent of the bill is to curb methamphetamine production — pseudoephedrine is the key ingredient to make the drug.

Now, people are limited to buying 9 grams per month and 120 grams per year.

Today, the committee approved an amendment to the bill, which will allow patients to buy 7.5 grams per month if a doctor says that amount if required, which amounts to 90 grams a year under these special circumstances.

The bill also prevents anyone who has been convicted of any drug-related crime — whether the crime was related to meth or not — from buying pseudoephedrine without a prescription for five years.

Sen. Robert Stivers, R-Manchester, made an impassioned argument for the bill, which he introduced earlier this week. He said the compromise works because "any box you look on will tell you that you should take this for no more than 14 consecutive days without seeing a doctor." The 3.6-gram monthly allotment will allow for 14 days' use.

As for the criticism that the reduction won't be enough to cover whole families who may be suffering from allergies or cold, Stivers argued "anyone who is subjecting a child to this continuous use on a repetitive basis is not really taking care of the child or the symptoms that cause their problems."

Carlos Gutiérrez of the Consumer Healthcare Products Association, which represents makers of over-the-counter medicine, said it is "adamantly against" the compromise bill, saying "we feel very strongly about the rights of consumers to buy a legal product." He pointed out if a chronic allergy sufferer takes 1 pill a day, that adds up to 7.2 grams per month.

Sen. Tom Jensen, R-London, questioned Guetiérrez and had him confirm that 84 percent of people who buy pseudoephedrine use less than 15 grams of the medicine per month, according to 2010 figures. He further established that the remaining 16 percent of people are buying 60 percent of all the pseudoephedrine sold in Kentucky.

Meds-for-meth compromise bill introduced

Lawmakers said they would compromise on the idea of making pseudoephedrine available only by prescription, and they have. Senate Bill 3 would only require a prescription for medicines containing the drug after a patient has bought 3.6 grams of it per month and a maximum of 15 grams per year. Gelcaps and liquid forms of the drug would still be excluded. (Associated Press photo by John Flavell of recovering addict Melanda Adams and Senate Majority Floor Leader Robert Stivers, who introduced the bill)

Now, people are limited to buying 9 grams per month and 120 grams per year of cold and allergy medicines containing pseudoephedrine, which is the key ingredient to make meth. The bill would also prevent anyone who has been convicted of a meth-related crime from buying the drug without a prescription for five years.

Last week, Sen. Robert Stivers, R-Manchester, withdrew a bill that would have required a prescription for any purchases of the drug. Stivers introduced this new bill yesterday and told The Courier-Journal it gives people who use the medicines "adequate opportunity without incurring medical expenses or the cost of a prescription to access these on a monthly basis and an annual basis."

Opponents to the bill still feel it is too restrictive, with the Consumer Healthcare Products Association continuing "to oppose burdensome restrictions to over-the-counter cold and allergy medicines that thousands of law-abiding Kentuckians rely upon for relief," Elizabeth Funderburk, senior director of communications for the group that represents makers of over-the-counter medicine and dietary supplements, told the Louisville newspaper.

Opponent Pat Davis, mother of six and wife of 4th District U.S. Rep. Geoff Davis, railed against the new proposal. "I'm not sure why they're calling it a compromise bill because I'm not sure who they compromised with," she said. She pointed out if four members of her family were to get sick with a cold, and took Sudafed to treat it for seven days, that would amount to 13.44 grams of the medicine — nearly the annual limit. "Really what this bill is is the same bill," she said. "They're throwing out a few crumbs, which they're calling 15 grams."

Jackie Steele, commonwealth's attorney for Laurel and Knox counties, told the paper that the lower limits could lead to a reduction in meth labs, but not for long. "I hope this cures it," he said of the meth-lab problem. "I don't think it will."

In London, whose Walgreens has the highest sales of pseudoephedrine in the state, Police Chief Stewart Walker agreed with Steele. "The bad guy is always going to figure a way around this," he said. "(With the compromise) you probably leave the door partly open and there's so much more room for added work."

The Senate Judiciary Committee could consider the new bill Thursday, and the entire Senate could vote on it this week, Stivers told the Lexington Herald-Leader. (Read more) For The Courier-Journal's story, by Jessie Halladay and Tom Loftus, click here.

Meds-for-meth bill sent back to committee; compromise in the works, original sponsor says

The bill that would make pseudoephedrine — the key ingredient to make methamphetamine — available only by prescription was taken off the Senate floor Thursday afternoon. The bill's original sponsor, Sen. Tom Jensen, R-London, said "he expects a compromise is near," reports Jessie Halladay for The Courier-Journal.

"We've probably reached some consensus on where we want to go," said Jensen, right, but declined to go into details about the compromise. Of a possible concession, he would only say, "It's not necessarily what I want and it's not necessarily what the industry wants," but would be a step in the right direction.

Senate Bill 50, which was narrowly approved by the Judiciary Committee last week, has been opposed by the pharmaceutical industry, which says it imposes an unnecessary burden on users who need the medicine for the relief of colds and allergies. Many law enforcement agencies, including the Kentucky Narcotics Officers Association, support the bill, saying it would made a big dent in the number of meth labs found in the state. The bill excludes pseudoephedrine that is sold gel-cap format. (Read more)

Courier-Journal editorialists change position and join the Herald-Leader in supporting meds-for-meth legislation

The state's two biggest newspapers are in agreement: pseudoephedrine should be available by prescription only in order to curb methamphetamine production. The Courier-Journal offered its opinion in an editorial today: "Meth remains a scourge in Kentucky. It is not going to go away soon and without strong action its deadly, family-shattering impact will not diminish."

The position represents an about-face for the paper in Louisville, where the editorial board previously felt "such a restriction would create unnecessary burdens and expenses for legitimate users of pseudoephedrine."

However, with the meth problem not going away — there were a record 1,080 labs discovered in 2010 — the newspaper has changed its position, though acknowledged prescription-only will create some problems of its own: "'Pill mills' will likely dispense pseudoephedrine, just as they now illegally and unethically flood the market with pain medication, and police will have to crack down on such sales."

In December, the Lexington Herald-Leader offered its position, backing a prescription-only pills bill by Rep. Linda Belcher, D-Shepherdsville. "Methamphetamine would be a scourge if it hurt only those who ingested it. But the harm is far more widespread than that," it reads. "Highly mobile and as compact as a large soft-drink bottle, the meth-making process creates a risk of toxic exposure, respiratory injury and fire to all who come close."

The Courier-Journal backs Senate Bill 50, sponsored by Sen. Tom Jensen, R-London, and Sen. Robert Stivers, R-Manchester, which is similar to Belcher's bill. It narrowly cleared the Senate Judiciary Committee last week, but opposition to it "has hardened" in the Senate, the editorial reads. (Read more)

Group fighting meds-for-meth bill says it spent nearly $200,000 in January on lobbying, and that apparently omits radio buys

The group fighting a bill that would make the key ingredient for making methamphetamine available only by prescription spent more than $194,000 last month alone to lobby lawmakers, far more than any other lobbying interest at the General Assembly.

The Consumer Healthcare Products Association "reported spending more on Frankfort lobbying for the month than the next eight largest groups combined," reports Tom Loftus of The Courier-Journal. "That's almost an obscene amount of money to be spending on one month on one issue," said Senate Majority Leader Robert Stivers, R-Manchester. Stivers is sponsoring the bill, which would require a prescription for cold and allergy medicine that contains pseudoephedrine.

The group with the second highest spending was the Kentucky Hospital Association, at $36,120.

CHPA "is a group of manufacturers and distributors of over-the-counter medicines whose members include Bayer Healthcare, GlaxoSmithKline and Johnson & Johnson," Loftus reports. In a statement Monday, the group said it is again "efforts by some legislators to deny law-abiding citizens nonprescription access to certain cold and allergy medicines they depend on."

The $194,957.76 spent on lobbying apparently does not include what the CHPA spent on broadcast advertising, which it does not have to report. As of Feb. 3, the group had spent more than $82,000 running ads on Louisville, Lexington and Somerset radio stations owned by Clear Channel Communications Inc., the nation's largest radio operator, according to public-inspection files at those stations, the only ones that have been checked by Kentucky Health News and its journalistic partner, Jonah Engle. In 2011, CHPA paid the Kentucky Association of Radio and Television more than $93,000 to run ads, according to public-inspection files from Cumulus Broadcasting, another major owner of stations in Kentucky.

As for lobbying expenses, more than $12,000 was spent on salaries for three lobbyists, plus nearly $4,000 for food, lodging, beverage and transportation expenses. More than $150,000 was spent "for professional and technical research and assistance," plus nearly $27,000 for "educational and promotional items."

"I'm not surprised they reported so much for lobbying because it's obvious they're doing a pretty good job of getting their message out ... which I believe is a misleading scare campaign," said Sen. Ray Jones, D-Pikeville, who is co-sponsoring the meds-for-meth bill. (Read more)

Senate committee narrowly passes meds-for-meth bill as advocates start their own radio advertising campaign

In the face of a strong lobbying effort by makers of over-the-counter cold medicines, a state Senate committee narrowly approved a bill today that would require a prescription for most products containing pseudoephedrine, a key ingredient used to make methamphetamine.

Senate Bill 50, approved 6-5 by the Judiciary Committee, is sponsored by Senate Majority Floor Leader Robert Stivers, R-Manchester, left, but he said he isn't sure of its chances in the full Senate, reports Jack Brammer of the Lexington Herald-Leader. A similar bill got out of committee last year but never came to a vote on the Senate floor because it lacked the votes to pass. This year's bill would not apply to gelcaps, which are more difficult to use in meth making.

The Kentucky State Police recorded about 1,200 meth labs last year, and former meth addict Melanda Adams, from Stivers' home Clay County, told the committee she believed the bill would "cut the burgeoning number of dangerous home-made meth labs in the state." The Consumer Healthcare Products Association, a non-profit that represents the over-the-counter medicine industry, argues that requiring a prescription would "create a hardship for legitimate consumers," reports Jessie Halladay of The Courier-Journal.

Only Oregon and Mississippi have passed such laws, so Kentucky has become a firewall for the drug makers' lobby, which has bought many radio commercials urging people to contact senators in opposition to the bill, contending it would "punish Kentucky families" and pushing an alternative measure that would bar people convicted of meth making from buying the medicines. Opponents of that bill say meth makers would continue to use surrogates to buy the medicines for them. Sen. Ray Jones, D-Pikeville, who voted for SB 50, called the radio ads "scare tactics." UPDATE: For more on the lawmakers' complaints about the ads, from cn|2 Politics, click here.

As of Feb. 3, the group had spent more than $82,000 running ads on Louisville, Lexington and Somerset radio stations owned by Clear Channel Communications Inc., the nation's largest radio operator, according to public-inspection files at those stations. In 2011, CHPA paid the Kentucky Association of Radio and Television more than $93,000 to run ads, according to public-inspection files from Cummulus Broadcasting, another major owner of stations in Kentucky.

UPDATE, Feb. 17: The drug makers have a 60-second ad from Pat Davis, who identifies herself as "a Kentucky resident for over 20 years" and the mother of six children who all "battle allergies." She is not identified as the wife of 4th District U.S. Rep. Geoff Davis, who is not seeking re-election. She testified against last year's bill. Here is the ad, via Page One Kentucky, a popular blog that has been critical of the legislation.

The drug makers' ads have been running uncontested for two months, but this week a group headed by Knox and Laurel County's Commonwealth's Attorney Jackie Steele, Real Facts About Meth, offered a counter-ad, describing the impact of meth on communities. The group does not appear to be well funded; its website solicits contributions.

Meds-for-meth bill could lead to overcrowding at doctors' office, Hopkinsville hospital official says

Making pseudoephedrine available only by prescription has led to fears of packed waiting rooms in doctors' offices, Dennis O'Neil writes for Hopkinsville's Kentucky New Era. (Photo of Sudafed pills by WebMD.com)

"It could lead to some overcrowding of primary care facilities that are already overcrowded," said James Goss, director of marking and community relations for Jennie Stuart Medical Center.

This session, three bills have been introduced to deal with pseudoephedrine, the key ingredient to make meth. House Bill 80 would prohibit anyone convicted with a meth-related charge from getting the drug without a prescription. The other two bills would prohibit anyone from getting the drug without a prescription, with the exception of pills in gel cap form.

Goss said he is worried a new law would inconvenience patients. "On its face, the bill seems well intended to protect the health and well being of the community," he said. "We are sympathetic to the pocketbook and convenience issues of our patients." (Read more)

Opponents of meds-for-meth bill hold teleconference

Since they were not given the opportunity to speak at last week's legislative hearing about a move to make pseudoephedrine available mainly by prescription, opponents held a teleconference yesterday to air their opinions. It was hosted by representatives of the Consumer Healthcare Products Association, which represents makers of over-the-counter drugs.

Pat Davis, mother of six and wife of 4th District U.S. Rep. Geoff Davis, said "Our children are going to miss school, parents are going to miss time at work," if a prescription bill passes. Davis said she was disappointed she'd not been given the opportunity to speak last week. "There wasn't a single dissenting voice to be heard," she said. Legislators said they ran out of time and opponents would be given a chance to be heard.

Dr. Donald Neel, an Owensboro pediatrician, said he "recommends pseudoephedrine daily because it is the only safe and effective drug that we can recommend over the counter." He added, "It makes absolutely no sense for patients who need pseudoephedrine to have to come to the office, to take time off work. And we don't have time to see them." Neel said he feels "97 percent of his patients use the medicine legitimately,"

The bill at issue would require a prescription for pills containing pseudoephedrine but would not apply to medications using gelatin capsules, which are more difficult to use in meth making.

State Rep. Brent Yonts, D-Greenville, sponsor of an alternaitve bill, said the prescription measure goes too far. "Who do we punish? The soccer moms? Or the criminals?" he asked. His bill would only require the 5,500 people who have been convicted of a meth-related crime to have a prescription. It would also lower the amount of pseudoephedrine people can buy from 9 grams per month to 7.5 grams. It would continue to track the drug using MethCheck, which instantly tracks purchases at the point of sale. He called his effort "a common-sense approach."

Law enforcement and some legislators have criticized Yonts' bill because it won't alleviate "smurfing,"  meth cooks' payment of others to buy pseudoephedrine for them. But Yonts said MethCheck requires people buying the drug to hand over their driver's license and be placed in the system, allowing law enforcement to track who buys it often. "When they see these repeated efforts, they're going to be tracked down," he said, adding 30,000 stores and pharmacies use the system nationwide. "it's the right solution for Kentucky, and we can block criminals from getting this," he said.