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Legislature 2002 Wednesday, March 13, 2002

Prescription drug bill in limbo

Pharmaceutical companies, patient advocates face off

REBECCA COOK, THE ASSOCIATED PRESS

Originally published Wednesday, March 13, 2002

OLYMPIA -- A prescription drug bill is languishing in legislative limbo as the 2002 session reaches its final days.

The bill would try to control the state's prescription drug spending, and could eventually extend savings to people without prescription drug insurance.

It has sparked furious behind-the-scenes negotiating as sponsors try to save the bill and opponents try to kill it.

"This is as ugly a fight as I've seen," said Nick Federici, lobbyist for the AARP, which supports the bill -- along with doctors, pharmacists, patient advocates and labor. Pharmaceutical companies, venture capitalists, biotechnology firms and the Association of Washington Business oppose it.

The bill, Senate Bill 6368, passed the Senate last month. It's now tied up in the House, where Rep. Eileen Cody, D-Seattle, is trying to solidify support among the majority Democrats. As of Tuesday, she was a few votes short.

The bill -- at least the version Cody wants -- would allow the state to make a list of "preferred" drugs for many common illnesses. If a scientific panel said two medications work equally well, the state's preferred drug would be the cheaper one. Pharmacists could substitute the preferred drug for more expensive alternatives unless the patient's doctor specifically disallowed it.

Sharing the savings

Also, the bill would allow private groups, local governments, and individuals to participate and share in the savings after one year.

Gov. Gary Locke personally urged House members to support the bill.

His health policy adviser, Ree Sailors, haunted the House wings on Tuesday, "to do a little distortion control," in her words.

The bill would get the best medications to patients who need them without breaking the budget, Sailors said.

Lobbyists from both sides swarmed the hallways.

"The policy is flawed," said Cliff Webster, lobbyist for the Pharmaceutical Research and Manufacturers of America (commonly known as PhRMA). "We believe this is poor patient care."

The bill's fate took a twist with the introduction of a striking amendment from Rep. Laura Ruderman, D-Kirkland. Ruderman is one of four to six (the count varies, sometime by the minute) Democrats who are shaky or a definite "no" vote on the bill.

A few Republicans, including Rep. Tom Campbell, R-Roy, will vote for the bill -- but not enough so far to pass it.

Ruderman's amendment would essentially rewrite the bill, eliminating the preferred drug list and emphasizing consolidated purchasing among state agencies to maximize buying power.

Sen. Pat Thibaudeau, D-Seattle, who sponsored the bill in the Senate, said sternly neither she nor the Democratic caucus in the Senate would support Ruderman's alternative.

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