[Med-privacy] tracking OTC med buys

Sat, 30 Apr 2005 12:10:32 -0700

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The Herald - Everett, Wash. - www.HeraldNet.com

Published: Thursday, April 28, 2005

Bill to fight meth stirs privacy worries
Stores will keep records of those who buy certain cold medicines

By Diana Hefley and Scott North
Herald Writers

If you've got the sniffles and buy over-the-counter cold and allergy=20
medicines, Washington's lawmakers have decided the police may have=20
reason to watch you.

  State legislators have approved a bill that places restrictions on the=20=

sale of Sudafed, Claritin-D and other nonprescription drugs.

  The idea is to make it tougher for people to obtain large quantities=20=

of common remedies that also contain chemicals used in production of=20
the illegal stimulant methamphetamine.

  The bill, which Gov. Christine Gregoire is expected to sign into law=20=

in early May, requires stores to demand photo identification for the=20
purchase of some over-the-counter medicines. It also requires stores to=20=

keep a log of who buys the drugs - records that will be open to police.

  Snohomish County Sheriff Rick Bart said he supports the measure.

  "Big Brother will be watching when I have a sinus headache, but that's=20=

what we've come to," he said.

  Lawmakers say creating a log of cold-medicine sales is a strategy that=20=

has led to a dramatic decrease in meth labs in other states, including=20=

Oklahoma.

  Bart said he expects a drop in labs here, too, but not an overall=20
decrease in the availability of meth.

  The bill's sponsor, Rep. Tom Campbell, R-Roy, said the measure is a=20
mild approach to curbing meth manufacturing. The best fix would be=20
federal rules requiring a doctor's prescription for cold remedies, he=20
said.

  "We can't wait. This is destroying communities," Campbell said.

  "I really think it will prevent a lot of drugs from getting out=20
there," said state Rep. John Lovick, D-Mill Creek.

  Others are worried about the privacy of law-abiding cold sufferers and=20=

the effect on grocery stores and other businesses, which will find=20
themselves gathering information for police.

  "We're consistently saying work on the underlying issue of addiction=20=

instead of changing our approach to meth manufacturing," said Jennifer=20=

Shaw, legislative director for the American Civil Liberties Union,=20
which opposed the logbooks.

  Trade groups that represent grocery, convenience and chain drugstores,=20=

plus other retail outlets, testified against the record-keeping aspects=20=

of the bill.

  Pharmacists are health care providers who support efforts to fight=20
meth but are concerned about being given work that takes them away from=20=

helping patients and "puts them in the role of being 'police=20
officers,'" said Diane Darvey, director of pharmacy regulatory affairs=20=

for the Virginia-based National Association of Chain Drug Stores.

  Requiring identification won't keep pills away from meth cooks because=20=

many of them will use fake or stolen identification, said Clif Finch,=20
vice president of the Washington Food Industry, a professional group=20
that represents most of the state's grocery stores.

  The logbooks will only be a means for "keeping track of local citizens=20=

who have to come in for cold medicines," Finch said.

  "We are very concerned that all of the good and faithful customers are=20=

going to have to sign a log and show ID, and they are not going to=20
appreciate that," said Jan Teague, president of the Washington Retail=20
Association. "They are going to feel like criminals."

  Store owners also worry there may be liability connected with their=20
employees creating records for police.

  "How long are we supposed to keep them? Where are we to keep them so=20=

law enforcement can see them? Will law enforcement even ask for them?"=20=

Teague asked.

  Lawmakers directed the state Board of Pharmacy to develop a pilot=20
project for the logbooks. The board will determine how it will enforce=20=

the law for the state's 1,200 pharmacies and 4,800 retailers licensed=20
to sell over-the-counter drugs, said the board's executive director,=20
Steven Saxe.

  The board also will have to sort out how to keep the logs without=20
violating federal privacy laws, he said.

  The board has until January to come up with rules and plans to convene=20=

public hearings. It also has been told to study how effective the logs=20=

would be in curtailing meth production.

  The bill requires stores to lock up over-the-counter medications and=20=

products that contain ephedrine, pseudoephedrine and=20
phenylpropanolamine. Customers would be required to show identification=20=

to prove they are 18 or older when purchasing those items. The law also=20=

reduces the number of packages a person is allowed to buy in 24 hours=20
from three to two.

  Some Snohomish County stores already keep their cold medicines off the=20=

shelves as part of the national Meth Watch Program.

  Providing police with information on who buys cold medicine is an=20
invasion of privacy, said Mark Mestel, an Everett defense attorney.

  Mestel specializes in defending people accused of drug trafficking.=20
He's skeptical that requiring ID and limiting purchases will pose much=20=

of an impediment to people intent on trying to render cold remedies=20
into meth. All they'll need to do to avoid detection is gather a group=20=

of people to buy pills at a number of different locations.

  Using a list of names generated by a private business as a means to=20
identify suspects is an approach the U.S. Supreme Court has frowned on,=20=

Mestel said. That included a case where the list of names came from a=20
suspected child pornographer.

  "You just can't make these kind of blanket per se rules and throw out=20=

huge nets to catch a couple of small fish," Mestel said.

  Lawmakers debated issues of privacy and customer inconvenience, Lovick=20=

said.

  "In the long run, if we have to give up a little privacy or be=20
inconvenienced and it saves a few lives, I think it's worth it," he=20
said.

  The Snohomish Regional Drug Task Force found half as many meth labs=20
and dump sites in 2004 compared with 2003. More meth is coming from the=20=

Southwest, where "superlabs," typically run by Mexican drug=20
organizations, crank out "ice" - a purer form of the drug. There's been=20=

a drop in local production, task force Sgt. John Flood said.

  Flood expects the cooks will get cold tablets from Canada or another=20=

state. He also doesn't believe the bill awaiting the governor's=20
signature will eliminate "smurfers" - serial shoppers who hop from=20
store to store to buy cold tablets.

  "It might make them a little more nervous, and we'll take any help we=20=

can get," he said.

  Police won't go after someone who buys a couple of packs of cold=20
medicine a week, Bart said. Investigators also likely won't be able to=20=

build a case against someone just because they're on the logbook.

  "I don't think it'll be enough that someone is smurfing a store. I=20
don't think a judge would sign off on that. We'd need more," he said.

  Reporter Diana Hefley: 425-339-3463 or hefley@ heraldnet.com.

=A0

Copyright =A91996-2005.
  The Daily Herald Co.

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<italic><fontfamily><param>Helvetica</param><smaller>The Herald -
Everett, Wash. - www.HeraldNet.com</smaller></fontfamily></italic>=20

=
<italic><fontfamily><param>Helvetica</param><smaller><x-tad-smaller>Publis=
hed:
Thursday, April 28, 2005

=
</x-tad-smaller></smaller></fontfamily></italic><fontfamily><param>Helveti=
ca</param><bigger><bigger><bigger><bigger><bigger><bigger><bigger><bigger>=
Bill
to fight meth stirs privacy worries

=
</bigger></bigger></bigger></bigger></bigger></bigger></bigger><bold>Store=
s
will keep records of those who buy certain cold medicines

</bold></bigger><italic><smaller>By Diana Hefley and Scott North

Herald Writers</smaller></italic><smaller>=20

If you've got the sniffles and buy over-the-counter cold and allergy
medicines, Washington's lawmakers have decided the police may have
reason to watch you.

 State legislators have approved a bill that places restrictions on
the sale of Sudafed, Claritin-D and other nonprescription drugs.

 The idea is to make it tougher for people to obtain large quantities
of common remedies that also contain chemicals used in production of
the illegal stimulant methamphetamine.

 The bill, which Gov. Christine Gregoire is expected to sign into law
in early May, requires stores to demand photo identification for the
purchase of some over-the-counter medicines. It also requires stores
to keep a log of who buys the drugs - records that will be open to
police.

 Snohomish County Sheriff Rick Bart said he supports the measure.

 "Big Brother will be watching when I have a sinus headache, but
that's what we've come to," he said.

 Lawmakers say creating a log of cold-medicine sales is a strategy
that has led to a dramatic decrease in meth labs in other states,
including Oklahoma.

 Bart said he expects a drop in labs here, too, but not an overall
decrease in the availability of meth.

 The bill's sponsor, Rep. Tom Campbell, R-Roy, said the measure is a
mild approach to curbing meth manufacturing. The best fix would be
federal rules requiring a doctor's prescription for cold remedies, he
said.

 "We can't wait. This is destroying communities," Campbell said.

 "I really think it will prevent a lot of drugs from getting out
there," said state Rep. John Lovick, D-Mill Creek.

 Others are worried about the privacy of law-abiding cold sufferers
and the effect on grocery stores and other businesses, which will find
themselves gathering information for police.

 "We're consistently saying work on the underlying issue of addiction
instead of changing our approach to meth manufacturing," said Jennifer
Shaw, legislative director for the American Civil Liberties Union,
which opposed the logbooks.

 Trade groups that represent grocery, convenience and chain
drugstores, plus other retail outlets, testified against the
record-keeping aspects of the bill.

 Pharmacists are health care providers who support efforts to fight
meth but are concerned about being given work that takes them away
from helping patients and "puts them in the role of being 'police
officers,'" said Diane Darvey, director of pharmacy regulatory affairs
for the Virginia-based National Association of Chain Drug Stores.

 Requiring identification won't keep pills away from meth cooks
because many of them will use fake or stolen identification, said Clif
Finch, vice president of the Washington Food Industry, a professional
group that represents most of the state's grocery stores.

 The logbooks will only be a means for "keeping track of local
citizens who have to come in for cold medicines," Finch said.

 "We are very concerned that all of the good and faithful customers
are going to have to sign a log and show ID, and they are not going to
appreciate that," said Jan Teague, president of the Washington Retail
Association. "They are going to feel like criminals."

 Store owners also worry there may be liability connected with their
employees creating records for police.

 "How long are we supposed to keep them? Where are we to keep them so
law enforcement can see them? Will law enforcement even ask for them?"
Teague asked.

 Lawmakers directed the state Board of Pharmacy to develop a pilot
project for the logbooks. The board will determine how it will enforce
the law for the state's 1,200 pharmacies and 4,800 retailers licensed
to sell over-the-counter drugs, said the board's executive director,
Steven Saxe.

 The board also will have to sort out how to keep the logs without
violating federal privacy laws, he said.

 The board has until January to come up with rules and plans to
convene public hearings. It also has been told to study how effective
the logs would be in curtailing meth production.

 The bill requires stores to lock up over-the-counter medications and
products that contain ephedrine, pseudoephedrine and
phenylpropanolamine. Customers would be required to show
identification to prove they are 18 or older when purchasing those
items. The law also reduces the number of packages a person is allowed
to buy in 24 hours from three to two.

 Some Snohomish County stores already keep their cold medicines off
the shelves as part of the national Meth Watch Program.

 Providing police with information on who buys cold medicine is an
invasion of privacy, said Mark Mestel, an Everett defense attorney.

 Mestel specializes in defending people accused of drug trafficking.
He's skeptical that requiring ID and limiting purchases will pose much
of an impediment to people intent on trying to render cold remedies
into meth. All they'll need to do to avoid detection is gather a group
of people to buy pills at a number of different locations.

 Using a list of names generated by a private business as a means to
identify suspects is an approach the U.S. Supreme Court has frowned
on, Mestel said. That included a case where the list of names came
from a suspected child pornographer.

 "You just can't make these kind of blanket per se rules and throw out
huge nets to catch a couple of small fish," Mestel said.

 Lawmakers debated issues of privacy and customer inconvenience,
Lovick said.

 "In the long run, if we have to give up a little privacy or be
inconvenienced and it saves a few lives, I think it's worth it," he
said.

 The Snohomish Regional Drug Task Force found half as many meth labs
and dump sites in 2004 compared with 2003. More meth is coming from
the Southwest, where "superlabs," typically run by Mexican drug
organizations, crank out "ice" - a purer form of the drug. There's
been a drop in local production, task force Sgt. John Flood said.

 Flood expects the cooks will get cold tablets from Canada or another
state. He also doesn't believe the bill awaiting the governor's
signature will eliminate "smurfers" - serial shoppers who hop from
store to store to buy cold tablets.

 "It might make them a little more nervous, and we'll take any help we
can get," he said.

 Police won't go after someone who buys a couple of packs of cold
medicine a week, Bart said. Investigators also likely won't be able to
build a case against someone just because they're on the logbook.

 "I don't think it'll be enough that someone is smurfing a store. I
don't think a judge would sign off on that. We'd need more," he said.

 Reporter Diana Hefley: 425-339-3463 or hefley@ heraldnet.com.=20

=A0

<bold>Copyright =A91996-2005.

</bold> The Daily Herald Co.

</smaller></fontfamily>=

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