TERRE HAUTE — A bill to make an over-the-counter cold medicine once again available by prescription-only has been introduced to the Indiana General Assembly by Sen. Tim Skinner, but it could be a tough battle just to get the bill heard in committee.
Senate Bill 474 is a measure that would make materials, compounds, mixtures and preparations that contain ephedrine or pseudoephedrine available by prescription only. Ephedrine and pseudoephedrine — or PSE — are known as precursor drugs used in the production of methamphetamine.
Skinner (D-Terre Haute) has been outspoken on the need for statewide action to limit the public’s access to the popular decongestant. And lately he has been trying to convince fellow legislators that prescription-only access to PSE is the best way to win the battle against meth production. So far, however, it has been a hard sell.
“I assumed that everyone in the Statehouse was farther along with their education on meth than they are,” Skinner said Friday afternoon.
He recently participated in informational sessions presented by the Terre Haute Area Chamber of Commerce, Terre Haute Police and Indiana State Police on how meth production has spread throughout the state in the past decade. Between 2002 and 2009, the number of meth labs across Indiana nearly doubled. Meth labs are considered a public safety menace — being explosive, toxic and harmful to the environment.
Skinner told the Chamber it is his hope that legislators will listen to the evidence that will be presented to them, and not fall for the myths that have been presented by those opposed to rescheduling PSE as a controlled substance.
Among those myths is the argument that the cost of healthcare for the poor will increase and that public access to an effective cold medicine will decline.
The fiscal impact statement for SB 474 states that the Indiana Professional Licensing Agency and Board of Pharmacy Expenditures have estimated a cost of $127,000 to put ephedrine and pseudoephedrine on the controlled substance list, due to data collection and reporting requirements. The state would also incur about $24,000 annually in Medicaid claims due to the change.
The Indiana State Police reported 1,343 meth labs located and dismantled in 2009. The average cost of cleanup was $2,128 per lab — or nearly $2.9 million. The state police estimates that only about 85 percent of the clandestine labs are located and properly dismantled.
The reasoning for returning pseudoephedrine and ephedrine to the state’s controlled substance list is supported by data from Oregon and Mississippi, which both experienced a significant decline in the number of meth labs statewide after enacting legislation requiring a prescription for products containing ephedrine or pseudoephedrine. Between 2004 and 2009, Oregon experienced an almost 98 percent drop in meth labs. SB 474 could allow Indiana to do the same.
Pseudoephedrine and ephedrine were both listed as controlled substances prior to 1976.
As of Friday, SB 474 had received its first reading in the Senate, and was assigned to the Committee on Corrections, Criminal and Civil Matters. The committee has until Feb. 17 to issue a report on the bill, and Skinner said he has asked the committee chairman for the opportunity to present evidence in a hearing.
Skinner also has been added as a co-author to Senate Bill 103, introduced by Sens. Thomas Wyss and Randy Head, which also calls for pseudoephedrine and ephedrine to be rescheduled as controlled substances. That bill has been assigned to the same committee, as have two bills concerning electronic tracking of the cold medicine.
Skinner said he was somewhat hopeful for his bill after he saw the positive reception for bills to prohibit the sale of synthetic marijuana — four in the Senate and three in the House. But he later learned that outlawing the fake pot drugs known by names such as K2 and Spice will be an easier sell in the Statehouse.
“Those little bitty shops out there selling those drugs don’t have a big lobby in Indianapolis. But the drug manufacturers do,” Skinner said, echoing the insight of Terre Haute Police Sgt. Chris Gallagher, who has been lobbying for the rescheduling of PSE products.
In the House, Rep. Wes Culver (R-Elkhart) has authored House Bill 1030 which also seeks to reschedule ephedrine and pseudoephedrine as a controlled substance. That bill has been assigned to the Committee on Public Health.
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