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Consumer Group Testifies in Favor of Third Class of Drugs

Behind-the-counter Meds Would Increase Access, But Raise Concerns about Cost, Quality of Counseling

November 14, 2007
Contact: 202-835-3323, media@nclnet.org

Washington, DC, November 14, 2007 -– At a public hearing of the Food and Drug Administration today, where the agency heard testimony on the possibility of creating a third class of drugs, behind-the-counter (BTC), the National Consumers League offered general support for the new class but raised concerns of safety, privacy, and quality of counseling. NCL has favored a third class of drugs, with certain products placed behind the pharmacy counter and available to consumers only upon consultation with a pharmacist. NCL’s Vice President for Public Policy, Rebecca Burkholder, testified on behalf of the nation’s oldest consumer organization. Highlights of her testimony include:

“NCL believes that behind-the-counter (BTC) Drugs could improve access for patients, but we have concerns about how such a system will work safely and effectively. Consumers today are taking a more active role in their health care, self-diagnosing and self-medicating. For the 47 million consumers without health insurance, a BTC class would increase options for self-treatment without the added expense of a doctor’s visit. That carries with it some concerns moreover, the underserved and rural communities do not always have easy access to a pharmacy, and thus could have limited access to BTC drugs.” 

“To ensure that costs are not shifted to the consumer, and that consumers continue to take needed medications, we would suggest that when a drug moves from prescription to BTC, the insurance coverage stays the same.”

Burkholder also raised issues related to practical application of the new class using examples from other countries:

“Concerns about privacy regarding medications may also impact access because most pharmacies do not have private places to talk to the pharmacist.  Establishment of a truly private pharmacy counseling area should be required for a BTC class to ensure that access would increase, and not decrease.

“A 2004 study of Australian pharmacy counseling found that the majority of time the advice given was “poor” and questions were not asked to ensure that the medication discussed was appropriate. In a 2002 study of New Zealand pharmacies, consumers often found it difficult to distinguish between the pharmacist and other assistant staff. Consumers were able to confirm that a pharmacist was definitely involved in counseling in only 46% of visits. And no counseling was given at all for 10% of the consumers obtaining an anti-fungal medication (which required pharmacy  intervention).

On how drugs would move into a BTC class:

“Regarding how the FDA determines which drugs are moved into a BTC class, we suggest that rather than respond to random petitions to move a drug to a BTC status, that FDA convene an advisory committee once a year to consider several drugs the FDA staff believes are good candidates for BTC.”

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About the National Consumers League
The National Consumers League, founded in 1899, is America's pioneer consumer organization. Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad. For more information, visit www.nclnet.org.

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