PRESCRIPTION DRUGS

American scientific ingenuity has led to the development of hundreds of lifesaving and life enhancing prescription drugs. Some of the newer prescription drugs are modern day medical miracles which help millions of Americans lead healthy lives well into their golden years.

Reimportation of Prescription Drugs

While prescription drugs hold the promise of healthier lives for the American people, the high cost of those drugs puts them out of the reach of too many. In the worst cases, our citizens go without these drugs; or they try to make their prescription last longer by only taking one pill when they should take two; or they skip a day. For many seniors, prescription medications are becoming increasingly difficult to obtain in the United States at affordable prices. Far too often, seniors must choose between paying their utility bill or paying for their prescription.

Senator Levin has traveled throughout Michigan and listened to the stories of citizens who are trying to pay for expensive prescriptions. They wonder why our neighbors in Canada are able to buy the exact same drug, manufactured in the United States , for half the price. Senator Levin's office conducted a survey in July 2003 of ten of the most commonly prescribed prescription drugs. In every case, the prescription cost significantly less in Canada than the same drug in the United States . A survey done by the Associated Press in November 2003 found that prices for ten of the most popular drugs are 33% to 80% less expensive in Canada than in the United States.

Senator Levin has long been a supporter of drug re-importation legislation, allowing Americans to buy U.S.-made drugs at Canadian prices. In 2005, he cosponsored a bipartisan bill, the Pharmaceutical Market Access and Drug Safety Act (S.334), that would allow U.S. licensed pharmacists and drug wholesalers to import FDA-approved medications from Canada.

Senator Levin supported an amendment offered by Senators Bill Nelson (D-FL) and David Vitter (R-LA) to the Fiscal Year 2007 (FY07) Department of Homeland Security Appropriations Act (P.L.109-295) that would have blocked the seizure of personal supplies of prescription drugs by U.S. Customs and Border Protection (CBP) whether sent through the mail or carried in person. This amendment was adopted by the Senate by a 68-32 vote.

In response to the passage of this amendment and pressure from members of Congress, CBP agreed to modify its prescription drug importation practices. The language in the Vitter-Nelson amendment was adapted to match these new changes. P.L.109-295 was signed into law on October 4, 2006, and allows individuals to personally bring into the United States a 90-day supply of their own prescription medication. Additionally, the FDA now has the discretion to allow mail orders of prescription drugs.

Senator Levin believes the recent changes are a step in the right direction, but more is needed. Under current law, the reimportation of prescription drugs remains illegal, although the focus of customs enforcement has now appropriately shifted from penalizing seniors in need of affordable medication to preventing controlled or illegal drugs from entering the United States. Congress must address the continuing need for safe and affordable prescription drugs, and Senator Levin introduced and cosponsored legislation that would address the high costs associated with the Part D plan and permit drug reimportation. Senator Levin will continue to work to provide all seniors with safe and affordable prescription drugs.