Posted At RGJ.com

BY : Anjeanette Damon

Senior citizens, labor unions and public employee groups are amassing to convince the Nevada Pharmacy Board to move forward with the state's Canadian drug program and disregard an attorney general's opinion that the new law is flawed.

In the face of increasing criticism, Attorney General George Chanos called for a special session of the Legislature to fix what he thinks is wrong with the law, offering to rewrite it himself.

But Assembly Majority Leader Barbara Buckley, D-Las Vegas, who authored the legislation and rescued it from several political maelstroms last year, said a special session isn't necessary and accused Chanos of "playing politics" with a program senior citizens are depending on.

If Canadian drugs are as safe and effective as their U.S. counterparts, Bill Kreider of Carson City said there's no reason they shouldn't be available.

"Many people would benefit with lower prices. Of course they should be available," said 78-year-old Kreider.

Rallies are being organized and petitions are being circulated in support of the program that would give Nevadans access to inexpensive drugs from Canadian pharmacies licensed by state inspectors.

"I'm petrified," said Mike Aupperle, vice president of Nevada Alliance for Retired Americans. "I'm scared to death this program is not going to be implemented. We need the program now."

The Nevada Pharmacy Board will decide Thursday whether to continue the program or scuttle it in light of Chanos' opinion.

At issue is a last-minute amendment to the legislation that required the drugs be approved by the U.S. Food and Drug Administration.

Chanos said that means the medication must go through the lengthy FDA approval process, which would make virtually no prescriptions from Canada eligible for importation because of labeling differences.

Buckley, and other lawmakers who supported the legislation, said the FDA-approved requirement was meant to ensure the medication was the same formula sold in the United States and that it had been manufactured by approved facilities.

On Thursday, she will present the board a legal opinion upholding the law from the Legislative Counsel Bureau and has recruited lawmakers to testify about their intent in voting for the law. Chanos based much of his opinion on what he believed lawmakers intended.

"This is legislation that was passed by the Legislature and signed by the governor," she said. "It was clear to all the senior groups, the legislators and the governor. The only one who doesn't understand what we were doing was Mr. Chanos. Maybe that's because he wasn't around."

Steve George, Guinn's press secretary, said the governor would consider calling a special session if legislative leaders asked for one.

The pharmacy board had inspected and was ready to license four Canadian pharmacies before asking for the attorney general's opinion.

Chanos said the FDA-approved requirement should be removed from the law. Instead, he would leave it up to the board to ensure the medication was safe.

"Personally, I am supportive of Canadian importation," he said. "It is a national disgrace that we even have to consider going to Canada."

He also warned Monday that pharmacy board members would open themselves up to personal liability if they went forward with the program under the current law.

"It is not legally defensible," he said.

Chanos' opinion has sparked an outcry from advocates for senior citizens, the uninsured and others who can't afford the high cost of prescriptions.

"The AG was wrong," said Bob Fulkerson, director of Progressive Leadership Alliance of Nevada that is organizing rallies in Carson City and Las Vegas in support of the program. "He has gravely erred in his decision. His job is to make it easier for seniors to get access to these drugs and not throw up these impediments."

The Nevada Alliance for Retired Americans also began on Internet petition, which had been signed by 512 people.

Tahis Castro, 62, who works for the Culinary Union, said she will face a $120 a month prescription bill when she turns 65.

"If we can get prescriptions a lot cheaper from Canada, I don't see why we cannot," she said.

Janice Ayres, executive director of Carson City-based Nevada Rural Counties Retired and Senior Volunteer Program, said state officials and lawmakers need to get together to resolve the issue.

"Every time someone tries to do something for seniors, it seems like it backfires," said Ayres. "But if drugs from Canada are safe and less expensive, then why shouldn't our seniors get a break?"

Ayres, 84, acknowledged the state legislation was passed last year with good intentions.

"Everybody means well. But the road to hell is paved with good intentions," Ayres said.