PHARMACY ACCUSED OF VIOLATING LAW

An Enid pharmacy could lose its ability to dispense some drugs for
allegedly failing to adhere to state law dealing with the sale of an
over-the-counter decongestant.

The local Walgreens store is the first one in Oklahoma to be accused of
violating the state's newly enacted limits on the sale of pseudoephedrine,
a key ingredient in illegal methamphetamine labs.

Oklahoma Bureau of Narcotics and Dangerous Drugs served a show cause order
Thursday to officials at the 615 S. Van Buren store, accusing Walgreens of
multiple violations of state law governing the sale of pseudoephedrine
tablets, spokesman Mark Woodward said.

House Bill 2176, which was signed into law last April, is aimed at cutting
off the supply of pseudoephedrine being diverted to clandestine drug labs.
Such lab seizures have dropped 70 percent since the law was enacted,
according to OBN.

The agency could suspend or revoke Walgreens' registration to dispense
controlled dangerous drugs if an outside arbiter determines the Enid
location violated the new pseudoephedrine at a hearing next month, Woodward
said.

The OBN action came in conjunction with Enid Police Department's warrant
sweep for suspects who purchased large quantities of pseudoephedrine
tablets meant for drug labs.

Approximately 97 percent of the people who bought more than the allowed
amount of pseudoephedrine in Enid made their purchases at Walgreens,
Woodward said.

Officials with the Deerfield, Ill.-based drug store chain maintain it has
not violated the law.

"Based on the information we have, we've acted in compliance with state
law," spokeswoman Tiffani Bruce said.

Bruce said Walgreens shares the state's goal of limiting pseudoephedrine
sales, pointing to the chain's decision to enact purchase limits
voluntarily before the new law was enacted. She also said the Oklahoma
stores are keeping a written log of transactions, as required by state law.

Bruce was not able to comment Thursday on allegations in the OBN order that
enraged Gov. Brad Henry.

The show cause order delivered to Walgreens personnel in Enid Thursday
includes four pages from a Microsoft PowerPoint presentation that indicates
the governor overturned an OBN rule regarding the pseudoephedrine rule.

One slide states "it is no longer the responsibility of the pharmacist or
pharmacy technician to attempt to ensure that persons have purchased 9 mg
or less within any 30-day period," crediting Henry for overruling OBN.

Paul Sund, Henry's spokesman, said the governor never struck down a rule
requiring pharmacy personnel to exercise "reasonable care" to ensure no
improper pseudoephedrine purchases occur.

"We're very disturbed and very angry that someone would be spreading false
information like this," Sund said.

He said the comments credited to Henry in the presentation are "totally
false," promising the state would pursue its allegations against Walgreens
to the fullest extent of the law.

OBN alleges more than 100 people purchased more than the 9 gram monthly
limit of pseudoephedrine at the Enid Walgreens, citing information from the
Enid police investigation. Several of those people did so on multiple
occasions, according to the order.

It also indicates the Drug Enforcement Agency is investigating 14 violators
of federal statutes involving the manufacturing of methamphetamine and
diversion of pseudoephedrine for clandestine drug labs.

Walgreens officials are slated to appear Feb. 23 at OBN headquarters in
Oklahoma City to explain their practices in selling pseudoephedrine and
tracking transactions.

Woodward said OBN has been inspecting pharmacies, convenience stores,
grocery stores, wholesalers and distributors of pseudoephedrine since the
pseudoephedrine law took effect in April to ensure they are complying with
its requirements.

"We found that most other pharmacies complied immediately and have
continued to follow the law," he said. "However, we discovered that the
majority of Walgreens pharmacies, including the Enid store, failed to
comply with the 9 gram limit and failed to report these violations to law
enforcement."

Woodward said OBN agents are reviewing logs of pseudoephedrine transactions
from all 65 Walgreens pharmacies in Oklahoma, which could lead to
additional show cause orders.

"We have had a lot of problems with Walgreens," he said, "not just in Enid."