Drug import bill could speed RFID adoption

New legislation mandates chain-of-custody requirements for pharmaceutical products that may be imported.

At Purdue Pharma, p-s label web tracks toward application station showing the printed label on one side, the RFID tag on the oth
At Purdue Pharma, p-s label web tracks toward application station showing the printed label on one side, the RFID tag on the oth

Packaging for drugs—using radio-frequency identification tags—will be pushed into the headlines when the Senate finally takes up—and likely passes—legislation making it legal for wholesalers to import brand-name pharmaceuticals.

Such a bill passed the House by a vote of 243-186 in July 2003, and might have passed the Senate last year if Majority Leader Bill Frist (R-TN) hadn’t reneged on a promise to bring the bill up for a vote. The bills are designed to give United States consumers access to pharmaceuticals that sell for considerably less overseas than they do in the U.S.

In 2005, however, Sen. Frist will have a difficult time blocking the Pharmaceutical Market Access & Drug Safety Act (H.R. 700/S. 334) for a couple of reasons. The bill clears the way for importing into the United States drugs made here and then exported or drugs made in developed countries in Europe, Canada, or elsewhere—so long as the importer can verify the drug package’s chain of custody. Almost everyone agrees that scannable radio-frequency identification (RFID) tags will satisfy that requirement.

Four factors will lead to Senate passage this year, three of them coming into play for the first time. This year, as last, a majority of senators are likely to support S. 334. But that majority appears to be assured because new estimates of the cost of the Medicare outpatient drug benefit, which starts January 1, have gone through the roof. Members of the Senate and House are under new pressure to find a way to cut drug costs for seniors. By almost all counts, drug reimportation will help do that.

Also, supporters of S. 334 say they won’t be bamboozled this year by Sen. Frist as they were in 2004. “We’re not relying on a similar promise this year,” notes Barry Piatt, spokesman for Sen. Byron Dorgan (D-N.D.), one of the co-sponsors of the bill along with Sen. Olympia Snowe (R-Maine). “The bill will come up for a vote, and there is easily a majority for it.” The Dorgan-Snowe bill already has nearly 30 co-sponsors.

Moreover, the Bush administration has opposed reimportation mostly out of concern for the safety of the drugs in the distribution chain. But Richard Carmona, the U.S. Surgeon General, says that concern will evaporate once new anti-counterfeiting technologies are widely adopted.

RFID testing

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