At least two local senators will support a bill before the West Virginia Legislature requiring prescriptions for most popular cold medicines.
Acting Senate President Jeff Kessler, D-Marshall, and Sen. Larry Edgell, D-Wetzel, said they are leaning toward a "yes" vote on the measure. Sens. Orphy Klempa, D-Ohio, and Jack Yost, D-Brooke, could not be reached for comment Monday.
House Bill 2946 was debated in the Senate Judiciary Committee on Monday. It requires a lawful prescription for dispensing drug products containing as an active ingredient ephedrine, pseudoephedrine, phenylpropanolamine and other chemical precursors of methamphetamine - ingredients found in many popular cold and allergy medications.
The bill is intended to curb the use of ephedrine products in the production of the illegal drug crystal meth.
"I am extremely impressed by the success it has had in Oregon and in other states with meth problems," Kessler said.
He cited that before similar legislation was passed in Oregon, that state had 473 meth lab busts in 2003. That number has now decreased to a low of 13 in 2010, according to Kessler.
He also noted 44 meth labs were raided by police in the Charleston area last month.
"Over the course of the year, that amounts to a crisis of epidemic proportion," Kessler said.
Kessler also pointed out that not all cold and allergy medications would be subject to the law, and that consumers still could choose from about 150 other medications that would remain on the shelves.
The legislation also would permit physicians' assistants and nurses to call in prescriptions for newly regulated medications, eliminating the need for and cost of a doctor's visit.
"It's not too much to ask," Kessler said of taking the medications off the shelf. "An array of 150 drugs would be available. And if you would need something stronger, you can call the doctor's office to call it in for you. This bill won't deny access to the drugs but would deny excess to those walking out of stores with large quantities."
Edgell said he also plans to support the bill after speaking with two doctors who are members of the Senate - Dan Foster, D-Kanawha, and Ron Stollings, D-Boone.
Both doctors are urging their colleagues to vote in favor of the bill. They contend that not only are controls needed to curb meth labs in West Virginia, but that the prescriptions subject to regulation aren't the healthiest for patients with high blood pressure and other medical problems.
"I am convinced that we need to tighten up our regulations," Edgell said. "The bigger problem is that we have people bringing (methamphetamines) in from out of state to meth labs. I don't know what we can do about that."
The bill passed the House last week by a vote of 77 to 23 - but with seven of eight Northern Panhandle lawmakers voting against it. Delegate Ryan Ferns, D-Ohio, was the only local member to vote in favor.
Ferns, a physical therapist, said he listened to both medical and law enforcement officials before determining whether regulating cold medicines was necessary.
He said he learned that meth addiction isn't yet a major issue in the northern parts of West Virginia, but that the problem is increasing statewide.
"This extremely addictive drug has grown significantly in popularity over the past several years, and I believe that if we do not take action now it may very well be an issue that we are forced to deal with in the near future," Ferns said.
"I looked at in this way: Sudafed is being used to make the very addictive drug crystal meth. Sudafed's intended purpose is as a decongestant, typically to treat cold-like symptoms. There are a number of alternative drugs that can be taken to treat those same symptoms. If for some reason those alternatives are not acceptable, then a person has the option to contact their primary care physician to request a prescription."
He acknowledged that while this may be an inconvenience for some, "it is a small price to pay for the potential lives saved and the danger to law enforcement averted."
"Furthermore, as of last week, the federal government made the decision that they will no longer be providing monetary assistance for the cleanup of meth labs," Ferns said. "The cleanup of a meth lab can cost in excess of $100,000, which will now be paid for entirely by our state."