Council committed to protecting public
THE BAHAMAS Pharmacy Council's chairman last night told Tribune Business that the case which saw a Bahamas pharmacist paid $4,000 a month for the use of his company's name and licence to export illegal prescription drugs into the US is "unlikely to occur" under current laws. Barbara Henderson, responding to this newspaper's report yesterday, said the Pharmacy Act 2009 was developed "in part as a response to this case" and she added that the Council was seeking to further strengthen laws on the import/export of pharmaceutical products in the Bahamas.
Tribune Business revealed how Canadian Andrew Strempler's guilty plea to US federal charges disclosed that the Freeport-based Personal Touch Pharmacy was used for an 18-month scheme to ship prescription drugs into the US that were not approved by the Federal Drug Administration (FDA).
That made their export from the Bahamas illegal, and Strempler is now facing a potential five-year prison sentence, forfeiting $300,000 and a further fine and restitution. Pointing out that the case occurred before the Bahamas Pharmacy Council was established, Ms Henderson said: "The Pharmacy Act 2009, and the provisions contained therein, were written in part as a response to this case.
"This council has since put in place regulations, inspections and mandatory education for pharmacists. "Under the current laws, the circumstances of this case would have been unlikely to occur. The Council is currently looking to further strengthen the laws, particularly in the area of import and export of pharmaceuticals. The council would prefer not to respond to any of the specifics of the Strempler case, as it was still before the Bahamian courts, Ms Henderson added: "Be assured that it [the Council] takes seriously its duty to govern and regulate the standard of practice for professionals involved in the practice of pharmacy, and our goal is to guarantee the highest levels of pharmaceutical care to all residents of the Bahamas.
"The Council encourages all pharmacists, health care professionals and the general public to become familiar with, and adhere to, the guidelines that have been set for the practice of pharmacy. Deliberate or negligent failure to comply with these laws could result in prosecution."
Documents filed as an 'agreed statement of fact' between the US federal authorities and Strempler did not identify the Bahamas-based pharmacist who allowed his business to be used. A Dwight McCoy was named as having managed Personal Touch Pharmacy, but it is not clear if this is the same person, as he was described as running the business for RxNorth, Strempler's company. There is no suggestion of wrongdoing on Mr McCoy's part.
The documents agreed between Strempler and the US said: "From in or around January 2005, to on or about June 9, 2006, Strempler and others utilised a facility in Freeport, in the Bahamas, to dispense prescription drugs purchased from RxNorth. "Personal Touch Pharmacy was the trade name used by a pharmacist who was licensed by the Grand Bahama Port Authority to operate a pharmacy in the Bahamas, and to import and export prescription drugs.
"Strempler paid $4,000 a month for the use of the Personal Touch name and the pharmacist's license to ship medicine into the Bahamas, and then ship the medicine back out. Strempler hired a manager and staff for the Personal Touch facility." The agreed statement said documents obtained from Personal Touch's manager showed prescription drugs were obtained from nations such as Australia and Turkey, which were not approved by the FDA.
"Prescription drugs from foreign countries were shipped to the facility in the Bahamas according to detailed 'Procedures for Orders Shipped to the Bahamas'," the US court document said. "Foreign suppliers were instructed to not refer to RxNorth or Mediplan on the shipping invoice, and specified that drugs must be shipped to the Bahamas.so that there were no stopovers in Canada or the US.
"Workers at Personal Touch were instructed not to use arriving inventory to fulfill prescriptions until Strempler reviewed and approved the labels and packaging on drugs that Personal Touch received from the foreign suppliers."
Staff at the Bahamian pharmacy filled orders using a computer system linked to RxNorth in Canada. Orders were shipped in bulk from the Bahamas to drop shippers in the UK and Netherlands Antilles, who delivered the orders to individual customers. The scheme, though, came to an end when the US authorities seized two shipments from Personal Touch at Miami International Airport on June 6-7, 2006. Collectively, the two shipments were worth $158,000.