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entitled 'Nonprescription Drugs: Considerations Regarding a Behind-the-
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Report to Congressional Requesters: 

United States Government Accountability Office: 
GAO: 

February 2009: 

Nonprescription Drugs: 

Considerations Regarding a Behind-the-Counter Drug Class: 

GAO-09-245: 

GAO Highlights: 

Highlights of GAO-09-245, a report to congressional requesters. 

Why GAO Did This Study: 

In the United States, most nonprescription drugs are available over-the-
counter (OTC) in pharmacies and other stores. Experts have suggested 
that drug availability could be increased by establishing an additional 
class of nonprescription drugs that would be held behind the counter 
(BTC) but would require the intervention of a pharmacist before being 
dispensed; a similar class of drugs exists in many other countries. 
Although the Food and Drug Administration (FDA) has not developed a 
detailed proposal for a BTC drug class, it held a public meeting in 
2007 to explore the public health implications of BTC drug 
availability. 

GAO was asked to update its 1995 report, Nonprescription Drugs: Value 
of a Pharmacist-Controlled Class Has Yet to Be Demonstrated (GAO/PEMD-
95-12). Specifically, GAO is reporting on (1) arguments supporting and 
opposing a U.S. BTC drug class, (2) changes in drug availability in 
five countries since 1995 and the impact of restricted nonprescription 
classes on availability, and (3) issues important to the establishment 
of a BTC drug class. 

GAO reviewed documents and consulted with pharmaceutical experts. To 
examine drug availability across countries, GAO studied five countries 
it had reported on in 1995 (Australia, Italy, the Netherlands, the 
United Kingdom, and the United States) and determined how 86 drugs 
available in all five countries were classified in each country. 

What GAO Found: 

Arguments supporting and opposing a BTC drug class in the United States 
have been based on public health and health care cost considerations, 
and reflect general disagreement on the likely consequences of 
establishing such a class. Proponents of a BTC drug class suggest it 
would lead to improved public health through increased availability of 
nonprescription drugs and greater use of pharmacists’ expertise. 
Opponents are concerned that a BTC drug class might become the default 
for drugs switching from prescription to nonprescription status, thus 
reducing consumers’ access to drugs that would otherwise have become 
available OTC, and argue that pharmacists might not be able to provide 
high quality BTC services. Proponents of a BTC drug class point to 
potentially reduced costs through a decrease in the number of physician 
visits and a decline in drug prices that might result from switches of 
drugs from prescription to nonprescription status. However, opponents 
argue that out-of-pocket costs for many consumers could rise if third-
party payers elect not to cover BTC drugs. 

All five countries GAO studied have increased nonprescription drug 
availability since 1995 by altering nonprescription classes or 
reclassifying some drugs into less restrictive classes. Italy and the 
Netherlands, which previously allowed nonprescription drugs to be sold 
only at specialized drug outlets, made some or all of these drugs 
available for OTC sale. Australia, the United Kingdom, and the United 
States switched certain drugs from more restrictive to less restrictive 
drug classes, increasing these drugs’ availability. However, the impact 
of restricted nonprescription drug classes on availability is unclear. 
When we examined the classification of 86 selected drugs in the five 
countries, we found that the United States required a prescription for 
more of those drugs than did Australia or the United Kingdom—the study 
countries using a BTC drug class. However, the United States classified 
more of the 86 drugs as OTC—the option that provides greatest access to 
these drugs for consumers—than all four of the other study countries. 

Pharmacist-, infrastructure-, and cost-related issues would have to be 
addressed before a BTC drug class could be established in the United 
States. For example, ensuring that pharmacists provide BTC counseling 
and that pharmacies have the infrastructure to protect consumer privacy 
would be important. Issues related to the cost of BTC drugs would also 
require consideration. For example, the availability of third-party 
coverage for BTC drugs would affect consumers’ out-of-pocket 
expenditures and pharmacists’ compensation for providing BTC services 
would need to be examined. 

In commenting on a draft of this report, the Department of Health and 
Human Services (HHS) agreed that cost-related issues would have to be 
addressed before implementing a BTC drug class and also provided 
technical comments. The Department of Veterans Affairs (VA) also 
reviewed the report and provided technical comments. We have 
incorporated HHS and VA technical comments as appropriate. 

To view the full product, including the scope and methodology, click on 
[hyperlink, http://www.gao.gov/products/GAO-09-245]. For more 
information, contact Marcia Crosse at (202) 512-7114 or 
crossem@gao.gov. 

[End of section] 

Contents: 

Letter: 

Results in Brief: 

Background: 

Arguments Made Supporting and Opposing a BTC Drug Class Reflect 
Disagreement on Its Impact on Health Care and Health Care Costs: 

All Study Countries Have Increased Nonprescription Drug Availability, 
but the Impact of Restricted Nonprescription Drug Classes on 
Availability Is Unclear: 

Pharmacist-, Infrastructure-, and Cost-Related Issues Would Be 
Important Considerations if a BTC Drug Class Were Established: 

Agency Comments and Our Evaluation: 

Appendix I: Objectives, Scope, and Methodology: 

Appendix II: Description of Drug Classification Systems in the Five 
Study Countries and the European Union: 

Appendix III: Classification of 86 Drugs in Australia, Italy, the 
Netherlands, the United Kingdom, and the United States: 

Appendix IV: Comments from the Department of Health and Human Services: 

Appendix V: GAO Contact and Staff Acknowledgments: 

Tables: 

Table 1: Drug Classes Used in the Study Countries, 2008: 

Table 2: Number of 86 Selected Drugs Assigned to Each Drug Class in the 
Study Countries: 

Table 3: Drugs with OTC Status in the United States but a More 
Restrictive Status in All Other Study Countries: 

Table 4: Drugs with Prescription Status in the United States but 
Nonprescription Status in All Other Study Countries: 

Table 5: Drugs with Prescription Status in Countries without a BTC Drug 
Class but Nonprescription Status in Countries with a BTC Drug Class: 

Figures: 

Figure 1: Definitions and Relative Levels of Restriction for Drug 
Classes Used in This Report: 

Figure 2: Definitions and Relative Levels of Restriction for Drug 
Classes Used in This Report: 

Abbreviations: 

AIDS: acquired immunodeficiency syndrome: 

BTC: behind-the-counter: 

CMS: Centers for Medicare & Medicaid Services: 

EU: European Union: 

FDA: Food and Drug Administration: 

HHS: Department of Health and Human Services: 

IHS: Indian Health Service: 

MHRA: Medicines and Healthcare products Regulatory Agency (United 
Kingdom): 

MMA: Medicare Prescription Drug, Improvement, and Modernization Act of 
2003: 

MTM: medication therapy management: 

OBRA '90: Omnibus Budget Reconciliation Act of 1990: 

OTC: over-the-counter: 

VA: Department of Veterans Affairs: 

[End of section] 

United States Government Accountability Office:
Washington, DC 20548: 

February 20, 2009: 

The Honorable Henry A. Waxman: 
Chairman: 
The Honorable John D. Dingell: 
Chairman Emeritus: 
Committee on Energy and Commerce: 
House of Representatives: 

The Honorable Bart Stupak: 
Chairman: 
Subcommittee on Oversight and Investigations: 
Committee on Energy and Commerce: 
House of Representatives: 

The United States has a two-tier system for the classification of 
drugs: prescription and nonprescription. Prescription drugs can be 
dispensed only with written or oral orders (i.e., a prescription) from 
a licensed prescriber--such as a doctor, nurse practitioner, or 
physician's assistant--to a pharmacist or other licensed dispenser. 
Most nonprescription drugs are available for sale over the counter 
(OTC) by self-service in pharmacies and in nonpharmacy outlets such as 
grocery stores, mass merchandisers, and gas stations. The two-tier 
system in the United States is distinct from other countries that have 
more or different categories of nonprescription drugs. In other 
countries, levels of restriction on where and by whom a nonprescription 
drug can be sold vary. For example, certain nonprescription drugs may 
be sold only under the supervision of a pharmacist. 

Pharmacists, academics, and other experts have suggested that an 
additional class of nonprescription drugs could increase drug 
availability, because more drugs could be made available without the 
need to obtain a prescription. In the United States, the Food and Drug 
Administration (FDA), an agency within the Department of Health and 
Human Services (HHS), has authority to approve drugs prior to their 
marketing, to ensure that they are safe and effective, and to determine 
their prescription or nonprescription status. Although FDA has not 
developed a specific proposal, in November 2007, it held a public 
meeting to explore the public health implications of behind-the-counter 
(BTC) availability of certain drugs.[Footnote 1] BTC drugs would be 
held behind a pharmacy counter and available without a prescription, 
but dispensed only after intervention by a pharmacist. The primary 
purpose of a BTC class would be to increase access to drugs to promote 
public health by making drugs available without a prescription when 
intervention by a pharmacist or other means can help ensure the safe 
and effective use of such drugs. Similar proposals have been considered 
in the past and, in 1995, GAO issued a report titled Nonprescription 
Drugs: Value of a Pharmacist-Controlled Class Has Yet to Be 
Demonstrated [hyperlink, 
http://www.gao.gov/cgi-bin/getrpt?GAO/PEMD-95-12].[Footnote 2] In that 
report, we stated that there was little evidence to support the 
establishment of a BTC or similar class of drugs in the United States. 
The evidence at the time tended to show that countries with a BTC or 
similar drug class were not obtaining major benefits from that class. 

In light of the FDA hearing on BTC drugs and the fundamental change 
that a BTC drug class would represent in the U.S. drug classification 
system, you asked us to update our 1995 report. Specifically, we are 
reporting on (1) the arguments that have been made supporting and 
opposing the creation of a BTC drug class in the United States; (2) 
changes in drug availability in our five study countries[Footnote 3] 
since 1995 and the impact of restricted nonprescription drug classes on 
drug availability; and (3) issues that would be important to the 
establishment of a BTC drug class. 

To describe the arguments that have been made supporting and opposing a 
BTC drug class in the United States, we reviewed published literature, 
reports, and meeting minutes of FDA hearings on prescription-to-OTC 
switches,[Footnote 4] and the transcript of and docket submissions for 
the November 2007 FDA meeting on BTC drugs.[Footnote 5] We interviewed 
officials at FDA, pharmacy associations, drug manufacturers, consumer 
groups, and industry associations in the United States. We also 
interviewed academics and other officials knowledgeable about 
pharmaceutical practice. 

To determine the impact of restricted nonprescription drug classes on 
drug availability, we interviewed experts to ask them to help us 
identify countries that had evaluated drug classification since our 
1995 report. Based on this information, we selected 5 of the 11 
countries covered in our previous report.[Footnote 6] We also examined 
drug classification in the European Union (EU), because it affects drug 
availability in three of our study countries. We reviewed published 
literature, reports, and agency documents on drug classification and 
prescription-to-nonprescription switches in our study countries. We 
also interviewed agency officials, industry representatives, and others 
knowledgeable about pharmaceutical practices in the United States and 
the other study countries. We examined changes since 1995 in the drug 
classification systems in two study countries (Italy and the 
Netherlands) that changed the number or type of nonprescription drug 
classes in use. We also determined the number of drugs switched from 
one drug class to another (e.g., prescription to BTC) between 1995 and 
2008 for the three study countries (Australia, the United Kingdom, and 
the United States) that maintained the same number and type of 
nonprescription drug classes during that time. Additionally, we 
determined the classification of selected drugs in our study countries. 
We chose a sample of drugs using World Self-Medication Industry data on 
the classification of more than 200 drugs in 36 countries and 
identified 86 of these drugs as available in all five study countries. 
[Footnote 7] We examined the survey format used to collect information 
on drug classification and response rates from the most recent survey, 
and determined that the data were sufficiently reliable for our 
purposes. We then used drug classification documents published by the 
regulatory agencies in each of the study countries and information from 
agency officials to determine how each of the 86 drugs was classified 
in each country. The data in these reference documents are standard 
data sources published by each country's regulatory authority and were 
sufficiently reliable for our purposes. 

To identify issues that would be important to the establishment of a 
BTC drug class in the United States, we reviewed published literature 
and reports. We interviewed officials at FDA, the Centers for Medicare 
& Medicaid Services (CMS), the Department of Veterans Affairs (VA), the 
Indian Health Service (IHS), pharmacy associations, drug manufacturers, 
consumer groups, industry associations, and drug regulatory agencies in 
other countries. We also interviewed academics and other experts-- 
including individuals who have testified before FDA on the possible 
creation of a BTC drug class in the United States--knowledgeable about 
pharmacists' prescribing authority. Appendix I provides a more detailed 
explanation of the scope and methodology for this report. We conducted 
our work from March 2008 through February 2009 in accordance with all 
sections of GAO's quality assurance framework that are relevant to our 
objectives. The framework requires that we plan and perform the 
engagement to obtain sufficient and appropriate evidence to meet our 
stated objectives and to discuss any limitations in our work. We 
believe that the information and data obtained, and the analysis 
conducted, provide a reasonable basis for any findings and conclusions. 

Results in Brief: 

Arguments supporting and opposing a BTC drug class in the United States 
have been based on public health and health care cost considerations, 
and these arguments reflect general disagreement on the likely 
consequences of the establishment of such a class. Some who support a 
BTC drug class suggest that such a class would lead to improved public 
health through increased availability of nonprescription drugs. For 
example, a BTC class might allow more drugs to be switched out of the 
prescription class, providing increased access to these drugs for 
consumers. Additionally, proponents argue that pharmacists have 
extensive knowledge of drug use and drug interactions and could help 
consumers to assess their medical needs and determine whether a 
physician's visit would be appropriate. However, opponents are 
concerned about the potential for a BTC class to become a default class 
for all drugs switching from prescription to nonprescription status 
even when the additional restrictions of BTC classification are not 
necessary for safe use of all such drugs; BTC classification would 
reduce consumers' access to drugs if those drugs would otherwise have 
switched to OTC status. Opponents also note that pharmacists are not 
trained in clinical diagnosis, generally do not have access to relevant 
patient information (such as laboratory results), and lack the time to 
provide counseling to patients. Health care cost arguments in favor of 
a BTC drug class center on possible reduced costs through a decrease in 
the number of physician visits and a decline in drug prices that might 
result from nonprescription status. However, opponents argue that out- 
of-pocket costs for many consumers could rise if prescription drugs 
currently covered by insurance are switched to BTC status and third- 
party payers elect not to cover BTC drugs. Additional costs to 
consumers could result if pharmacists require a fee in order to provide 
counseling. 

All five study countries have increased nonprescription drug 
availability since 1995; however, the impact of restricted 
nonprescription drug classes on drug availability is unclear. The five 
study countries--selected because they evaluated drug classification in 
their countries since 1995--have increased drug availability in two 
ways: by changing nonprescription drug classes or by switching some 
drugs into less restrictive classes. Italy--in 2006--and the 
Netherlands--in 2007--changed their nonprescription drug classes by 
making some or all of their nonprescription drugs available for OTC 
sale at nonpharmacy outlets, such as grocery stores. Previously, the 
Netherlands restricted drug sales to drugstores (operated by a licensed 
druggist and allowed to sell certain nonprescription drugs) or 
pharmacies (operated by a pharmacist and allowed to sell all 
prescription and nonprescription drugs); Italy also previously limited 
the sale of all drugs to pharmacies. Since 1995, Australia, the United 
Kingdom, and the United States have switched a number of drugs from 
more restrictive to less restrictive drug classes, again resulting in 
an overall increase in drug availability. When we examined the 
classification of 86 selected drugs in the five study countries, we 
found that the impact of restricted nonprescription drug classes on 
availability is unclear. The United States required a prescription for 
more of those drugs than did Australia or the United Kingdom--the study 
countries using a BTC drug class. However, the United States also 
classified more of the drugs from our sample as OTC--the option that 
provides greatest access to these drugs for consumers--than all four of 
the other study countries. Additionally, we did not find an association 
between the restrictions placed on the availability of particular drugs 
in our sample by the study countries and the presence of a BTC drug 
class. The United States gave more restrictive classification to some 
drugs and less restrictive classification to other drugs when compared 
to the other four study countries. 

Pharmacist-, infrastructure-, and cost-related issues would have to be 
addressed before a BTC drug class could be established in the United 
States. The roles and responsibilities of pharmacists in a BTC drug 
class that would need to be considered include defining pharmacist 
responsibilities for dispensing BTC drugs, ensuring that pharmacists 
provide the necessary BTC counseling, and determining whether 
additional training would be needed for pharmacists and pharmacy staff. 
In addition, whether or not there is a sufficient pharmacist workforce 
to make such a class viable would need to be determined, and 
pharmacists' new role would need to be communicated to the public. 
Ensuring that pharmacies have the data infrastructure necessary to 
provide pharmacists with patient information and the physical 
infrastructure to protect consumer privacy would also be important. 
Additionally, several cost issues would be important to the 
implementation of a BTC drug class. For example, the availability of 
third-party coverage for BTC drugs would affect consumers' out-of- 
pocket expenditures. If BTC drugs were more expensive than prescription 
or OTC alternatives, it could discourage consumer use of BTC drugs. 
Also, pharmacists' compensation for providing BTC services would need 
to be considered. The level of pharmacist compensation might influence 
pharmacists' willingness to engage in activities required for 
dispensing BTC drugs, such as providing counseling, and therefore could 
affect their participation in a BTC drug class. Other cost issues might 
also affect the viability of a BTC drug class. Pharmacists' liability 
risk could increase as a result of their expanded role in a BTC drug 
class and thus deter pharmacists from participating in a BTC drug 
class. 

In commenting on a draft of this report, HHS agreed that cost-related 
issues would have to be addressed before implementing a BTC drug class 
and also provided technical comments. VA also reviewed the report and 
provided technical comments. We have incorporated HHS and VA technical 
comments as appropriate. 

Background: 

In the United States, although drugs are classified as prescription or 
nonprescription at the federal level by FDA, the practice of pharmacy 
is typically regulated by states. For example, states license 
pharmacists and enforce pharmacists' continuing education requirements. 

The 1951 Durham-Humphrey Amendments to the Federal Food, Drug, and 
Cosmetic Act provided the statutory basis for the two-tier drug 
classification system that currently exists in the United 
States.[Footnote 8] Since that time, there have been a number of 
proposals to introduce a third category of drugs in the United States. 
This category has been called by a number of names, including 
pharmacist-legend, pharmacist-only, third class of drugs, and BTC. 
Although there is some variation between proposals, the basic idea is 
the same: a class of drugs would be established that would be available 
without a prescription, but only in pharmacies. The BTC idea that FDA 
sought comment on would require that these drugs be sold only in 
pharmacies, and that a pharmacist's intervention with a consumer occur 
before the drug could be dispensed.[Footnote 9] 

Use of a BTC Drug Class: 

There are two general views on how a BTC class of drugs would be used 
in the United States. The first is that BTC would be a permanent class. 
It would be similar to the current prescription and OTC classes, in 
that drugs would be placed in the BTC class with no expectation that 
they would eventually switch to the prescription or OTC class. Drugs in 
the BTC class would be those determined by FDA to be nonprescription 
but would require the intervention of a pharmacist. Drugs in the BTC 
class could come from the current prescription and OTC classes or new 
drugs could be classified as BTC, although proposals for a BTC drug 
class generally seek to increase access to medications by switching 
drugs out of the prescription class. 

The second view is that the BTC drug class could function as a 
transition class for some drugs and a permanent class for others. A 
drug being switched from prescription to nonprescription would spend 
time in the transition class, during which the suitability of the drug 
for OTC status could be assessed. In addition to studies specifically 
designed for such an assessment, consumer use of the drug as a 
prescription drug and as a BTC drug could be examined.[Footnote 10] The 
argument is that this would provide a better picture of how the drug 
would be used by the public if it were available as an OTC product. 
Information that could be gathered while the drug was in the transition 
class includes types and levels of misuse among the general public, 
incidents of adverse drug reactions, and interactions with other 
medications. At some point after the product has been BTC, a decision 
might be made based on the available data to switch the drug to OTC, 
return the drug to prescription status, keep the drug in the BTC class 
for future study, or keep the drug in the BTC class with no expectation 
that it would eventually be switched to the prescription or OTC class. 

FDA has not indicated which drugs might be classified as BTC in the 
United States. However, among the drugs suggested by some proponents 
are certain drugs that treat chronic conditions such as high 
cholesterol, asthma, high blood pressure, diabetes, urinary 
incontinence, and osteoporosis. Vaccines; the epinephrine auto- 
injector used in emergency situations following insect bites, stings, 
or exposure to other allergens; and oseltamivir--which is used to treat 
influenza and might be effective in the event of an influenza pandemic-
-have also been suggested as possible BTC products. More generally, 
drugs that are subject to abuse and drugs that are to be sold only to 
consumers of a minimum age have been mentioned as possible candidates 
for a BTC class. 

Nonprescription Drug Classes in Other Countries: 

Figure 1 defines the terms we use to describe the drug classes in the 
United States and other countries and how the levels of restriction 
vary among classes based on the conditions under which drugs are sold. 
As discussed in our previous report, varying levels of restriction on 
nonprescription drugs already exist in other countries.[Footnote 11] 
Among the criteria foreign countries have used for switching a drug 
from prescription to a less restrictive nonprescription drug class are: 
(1) the symptoms or circumstances for use of the drug are suitable for 
self-medication, including self-diagnosis, with the intervention of a 
pharmacist; and (2) the drug has a low potential for side effects or 
overdose, and intervention by a pharmacist could minimize these risks. 
In contrast, nonprescription drugs in the United States generally have 
these characteristics: (1) their benefits outweigh their risks; (2) 
consumers can use them for self-diagnosed conditions; (3) they can be 
adequately labeled for self-medication; and (4) a prescription by a 
licensed prescriber is not needed for the consumer to safely and 
effectively use the drug and the conditions or symptoms are generally 
self-limiting. Appendix II provides details on the drug classification 
systems in each study country and the European Union (EU). 

Figure 1: Definitions and Relative Levels of Restriction for Drug 
Classes Used in This Report: 

[Refer to PDF for image: illustration] 

Term used in the report: Prescription drugs: Prescription; 
Definition: Available only from a pharmacist or other licensed 
dispenser upon submission of a prescription; 
Level of restriction: Most restrictive. 

Term used in the report: Nonprescription drugs: BTC; 
Definition: Available only in pharmacies; contact with pharmacist 
required; 
Level of restriction: Less than previous category. 

Term used in the report: Nonprescription drugs: Pharmacy; 
Definition: Available only in pharmacies; contact with pharmacist not 
required; 
Level of restriction: Less than previous category. 

Term used in the report: Nonprescription drugs: Drugstore; 
Definition: Available only in pharmacies or drugstores; contact with 
pharmacist not required[A]; 
Level of restriction: Less than previous category. 

Term used in the report: Nonprescription drugs: OTC/pharmacist; 
Definition: Available for self-selection in pharmacies and other retail 
outlets, but a pharmacist must be present; 
Level of restriction: Less than previous category. 

Term used in the report: Nonprescription drugs: OTC 
Definition: Available for self-selection in pharmacies and other retail 
outlets, including those without pharmacists or druggists; 
Level of restriction: Least restrictive. 

Source: GAO analysis of agency documents from the study countries. 

[A] In the Netherlands, a distinction is made between pharmacies (run 
by pharmacists and able to sell all prescription and nonprescription 
drugs) and drugstores (run by druggists with less training than 
pharmacists and able to sell only some nonprescription drugs). 

[End of figure] 

While Figure 1 indicates how the levels of restriction for prescription 
and nonprescription drug classes affect drug availability, there are 
other factors that can also affect availability including cost, patient 
participation in health decisions, and purchase site convenience. For 
example, the number of pharmacies in a country affects the availability 
of BTC drugs. The more pharmacies there are, the greater the 
availability of BTC drugs and the smaller the difference in 
availability between BTC and OTC drugs. Also, the distribution of 
pharmacies can affect availability. Areas without a local pharmacy but 
with outlets that sell OTC drugs, would be more affected by not having 
drugs available OTC than would areas with nearby pharmacies. 

Arguments Made Supporting and Opposing a BTC Drug Class Reflect 
Disagreement on Its Impact on Health Care and Health Care Costs: 

Arguments that have been made supporting and opposing a BTC drug class 
are generally based on public health or cost considerations and reflect 
disagreement on the likely consequences of the establishment of such a 
class. Many of the arguments are concerned with how a BTC drug class 
might affect consumers' access to medications, pharmacist involvement 
in selecting drugs, the costs of drugs, and payment policies. 

Some Proponents of a BTC Drug Class Argue It Will Improve Public 
Health: 

Some of those who support a BTC drug class, including representatives 
of pharmacist associations and some academics, suggest that such a 
class would lead to improved public health through increased 
availability of nonprescription drugs.[Footnote 12] Proponents of a BTC 
drug class argue that such a class would increase access because drugs 
that might not otherwise be suitable for general OTC use could be 
available without a prescription. The switching of a drug from 
prescription to OTC represents a large change in the distribution of 
the drug, from requiring a prescription to requiring no medical 
intervention at all. Proponents argue that pharmacists could help 
bridge this gap if there were a BTC drug class. By providing a new 
avenue for switches from prescription to nonprescription, a BTC drug 
class would give consumers access to more drugs that could benefit 
their health. Pharmacists could counsel consumers on BTC medications 
and, consequently, some drugs that were unsuitable for OTC availability 
could be made available as BTC drugs. Proponents argue that this would 
be particularly important for underserved populations, such as the 
uninsured, underinsured, or those with limited access to a primary care 
provider and, thus, to prescription drugs. Moreover, an FDA official 
told us that many of the drugs that could be switched to OTC under the 
current two-tier drug classification system have already been 
reclassified and that a BTC drug class might allow additional drugs to 
be switched out of prescription status. The convenience of acquiring 
BTC drugs at a pharmacy could improve consumer adherence to drug 
regimens by eliminating the need for a visit to a physician to obtain 
refill prescriptions. Additionally, FDA has noted that people are now 
taking a larger role in managing their health. Experts have stated that 
increased access to drugs through a BTC class could give them even more 
tools to do so, thus potentially improving their health. 

Other arguments in favor of a BTC drug class focus on the expanded role 
of pharmacists under such a class, suggesting that greater use of 
pharmacist expertise would improve health outcomes. Proponents of a BTC 
drug class note that pharmacists are successfully engaging in 
activities beyond their traditional role of dispensing drugs, such as 
prescribing drugs under certain circumstances[Footnote 13] or reviewing 
individuals' drug regimens if they participate as providers of 
medication therapy management (MTM) in programs where they are 
authorized to perform such reviews.[Footnote 14] Proponents also point 
out that pharmacists are well trained in medication therapy, and a BTC 
drug class would make better use of pharmacists' knowledge of drug use, 
drug interactions, and other factors. Additionally, pharmacy schools 
are becoming more patient focused, integrating training on counseling, 
physical assessments of patients, and interpretation of lab results 
into their curricula. Because pharmacists might be more accessible than 
physicians, better health outcomes could result from the greater 
consumer interaction with pharmacists brought on by a BTC drug class. 
During such interactions, pharmacists might also refer individuals with 
potentially serious medical conditions to a physician; these 
individuals might not have otherwise entered the health care system. 
Moreover, proponents of a BTC class note that numerous studies have 
demonstrated that expanded pharmacist roles in individuals' care can 
result in health improvements. They note that the pharmacy practice 
literature generally supports the ability of community pharmacists 
[Footnote 15] to reduce adverse reactions and improve clinical outcomes 
for conditions such as asthma, diabetes, hypertension, and high 
cholesterol.[Footnote 16] 

Proponents also argue that a BTC drug class would improve public health 
by permitting additional data to be obtained that would better indicate 
when a drug would be appropriate for OTC availability. For example, BTC 
availability might allow consumer-pharmacist interactions to be studied 
to determine if consumers really need the pharmacist's input. 
Additionally, information might be collected from pharmacists about 
whether consumers could understand product information and 
appropriately assess their suitability for a medication without 
pharmacist prompting. This could affect the labeling if the drug were 
switched to OTC availability. Depending on a drug's safety and usage 
profile in a BTC class, a drug could either remain permanently in the 
BTC class or subsequently transition to OTC. 

Some Opponents of a BTC Drug Class Raise Concerns about Potential Harm 
to Public Health: 

Opponents of a BTC drug class, including some academics and 
representatives of drug manufacturers, raise concerns that such a class 
could harm public health by decreasing the availability of 
nonprescription drugs. Overall, opponents believe that the current two- 
tier drug classification system works well and provides consumers with 
an appropriate level of drug availability.[Footnote 17] Opponents of a 
BTC drug class argue that such a class could become the default option 
for drugs being switched from prescription status due to the cautious 
approach of regulators. Prescription drugs that could have switched to 
OTC might instead be placed into a BTC drug class, resulting in 
decreased consumer access compared to OTC availability. Drugs might 
also remain in a BTC drug class even if suitable for OTC use. Concerns 
have also been raised that current OTC products could be moved into a 
BTC class, thereby reducing availability. Additionally, depending on 
how well information is communicated to consumers about a BTC drug 
class, both in public campaigns and within pharmacies, consumers could 
be unaware of available BTC drugs. Underserved and rural communities 
with few or no pharmacies might also experience barriers to accessing 
BTC drugs, which would only be available through pharmacies. 

Opponents also raise concerns about the potential harm that might be 
done to consumers if pharmacists are not able to provide high-quality, 
reliable BTC services. Physician association representatives and others 
have stated that pharmacists lack adequate clinical training to 
properly diagnose and treat illnesses, skills which might be required 
when dispensing BTC drugs.[Footnote 18] Opponents also raise the 
concern that pharmacists are very busy and might not have enough time 
to provide individualized counseling to consumers regarding BTC drugs. 
Additionally, pharmacists might not have access to relevant information 
(e.g., a complete medical record, laboratory results, and a complete 
list of medications taken by the individual) necessary to make an 
optimal and safe BTC drug recommendation. Opponents also argue that, 
currently, pharmacists counsel infrequently and sometimes incorrectly. 
Beyond concerns over inadequate service, opponents suggest that a lack 
of private confidential areas in pharmacies for consumer-pharmacist 
interactions could discourage individuals from seeking care for 
sensitive matters. 

Some opponents of a BTC drug class assert that adverse health outcomes 
could result from improper use of BTC drugs. Individuals who use BTC 
drugs without consulting a physician might treat symptoms but not the 
underlying cause of the illness, thus delaying appropriate therapy. 
Readily available BTC drugs could also encourage individuals with 
chronic conditions to seek pharmaceutical remedies instead of lifestyle 
changes that could alleviate the conditions. Additionally, an 
individual's personal physician might not be aware when a person begins 
a pharmacist-recommended BTC drug regimen and thus might not be able to 
monitor the individual appropriately. Experts told us this 
uncoordinated care could further fragment the provision of health care. 

Some Proponents of a BTC Drug Class Argue that It Would Reduce Costs: 

Proponents of a BTC class have argued that establishment of such a 
class would likely reduce costs. In the past, the price of a drug has 
decreased when it was switched from prescription to OTC. Consequently, 
if a BTC drug class permits increased switching of drugs and pricing 
follows this pattern, it could reduce costs to consumers and to the 
overall health care system. Cost savings could also result from a 
decrease in the number of physicians' visits. The availability of BTC 
drugs that previously had prescription status could result in fewer 
physician office visits for patients seeking prescriptions and, 
accordingly, fewer co-payments and third-party reimbursements to 
physicians. This would reduce costs for both consumers and insurers, as 
well as overall health care system expenditures. The pharmacy practice 
literature also supports the ability of community pharmacists to 
provide cost-effective interventions and reduce the cost of drug 
therapy.[Footnote 19] 

Additionally, because third-party payers do not typically reimburse 
consumers for nonprescription drugs and thus might not provide coverage 
for BTC drugs, drug expenditures for third-party payers could decrease 
if prescription drugs were switched to a BTC class. Cost reductions for 
insurers could also be realized in the area of compensation for 
professional services. Although pharmacist associations maintain that 
pharmacists would need to be compensated for health care services 
provided under a BTC paradigm, health services provided by pharmacists 
are less expensive than those provided by physicians--pharmacists are 
reimbursed at approximately 80 percent of physician rates for similar 
time-based services.[Footnote 20] 

Some Opponents of a BTC Drug Class Cite the Potential for Increased 
Costs: 

Many arguments against a BTC drug class are based on the potential 
increased costs to individuals, third-party payers, and the overall 
health care system that such a class might cause. For instance, because 
insurers do not typically reimburse consumers for OTC drugs and thus 
might not provide coverage for BTC drugs, out-of-pocket expenses for 
consumers could increase if prescription drugs were switched to a BTC 
drug class and if the cost of the BTC product were greater than the 
previous copay.[Footnote 21] Opponents of a BTC drug class have argued 
also that costs could increase as the result of the pharmacy services 
required for establishing such a class. Compensation for pharmacists 
providing BTC services could result in greater costs for consumers and 
third-party payers than if the drugs had been made OTC in the current 
two-tier system. Furthermore, restricted competition could also 
increase costs. It has been noted that there would be fewer outlets for 
BTC drugs than for OTC products because BTC products could not be sold 
at retail outlets other than pharmacies. This reduced availability 
could adversely affect retail competition and, as a result, drive up 
prices. 

Additionally, improper use of BTC drugs and the absence of physician 
consultations in the BTC process could result in expensive adverse 
health outcomes. For example, without a physician's diagnosis, a 
pharmacist might recommend a BTC drug to treat stomach pain. However, 
potentially serious gastrointestinal problems might underlie this 
symptom, and delays in obtaining appropriate treatment could have 
serious and expensive consequences to the consumer and the health care 
system as a whole. 

All Study Countries Have Increased Nonprescription Drug Availability, 
but the Impact of Restricted Nonprescription Drug Classes on 
Availability Is Unclear: 

All five study countries have increased nonprescription drug 
availability since 1995; however, the impact of restricted 
nonprescription drug classes on availability is unclear. The five study 
countries increased drug availability in two ways: by changing 
nonprescription drug classes or by switching some drugs into less 
restrictive classes. Italy and the Netherlands established new OTC 
classes by making some or all nonprescription drugs available for sale 
at nonpharmacy outlets, while Australia, the United Kingdom, and the 
United States switched a number of drugs from more restrictive to less 
restrictive drug classes. When we compared the classification of 86 
selected drugs in the five study countries, we found that the impact of 
restricted nonprescription drug classes on availability is unclear. The 
United States required a prescription for more of the selected drugs 
than did the two study countries (Australia and the United Kingdom) 
with a BTC drug class but also had more of these drugs classified as 
OTC--the option that provides greatest availability--than the other 
four study countries. 

All the Study Countries Have Increased Nonprescription Drug 
Availability Since 1995 by Changing Drug Classes or Switching Drugs: 

Consumers in all five study countries have experienced an increase in 
nonprescription drug availability compared to 1995 due to changes in 
drug classes or reclassification of drugs into less restrictive 
classes. Two countries changed their drug classes. The Netherlands 
added an OTC class in 2007; previously, all nonprescription drugs in 
the Netherlands were restricted to pharmacy or drugstore sales. 
[Footnote 22] As a result, the Netherlands now has three 
nonprescription drug classes: pharmacy, drugstore, and OTC. Italy also 
relaxed nonprescription drug sale restrictions in 2006 by making all 
nonprescription drugs available in nonpharmacy outlets; previously, 
nonprescription drugs could be sold only in pharmacies. Italy requires 
that a pharmacist be on the premises in any outlet that sells 
nonprescription drugs. As a result, Italy's single nonprescription drug 
class has changed from a pharmacy class to an OTC/pharmacist class. The 
presence of a pharmacist is not a requirement for the OTC class in any 
of the other countries we examined. Due to the changes made by Italy 
and the Netherlands, all five of the study countries now have some form 
of OTC availability of drugs. The other three study countries made no 
changes to their drug distribution categories since 1995. Australia has 
three nonprescription drug classes: BTC, pharmacy, and OTC.[Footnote 
23] The United Kingdom has two nonprescription classes: BTC and OTC. 
[Footnote 24] The United States has one nonprescription class: OTC. 
(Table 1 summarizes the drug classes in use in the study countries in 
2008. Appendix II provides more details on the drug classification 
systems in each of the study countries.) 

Table 1: Drug Classes Used in the Study Countries, 2008: 

Drug class: Prescription drugs; 
Australia: [Check]; 
Italy: [Check]; 
Netherlands: [Check]; 
United Kingdom: [Check]; 
United States: [Check]. 

Drug class: Nonprescription drugs: Subclasses: BTC; 
Australia: [Check]; 
Italy: [Empty]; 
Netherlands: [Empty]; 
United Kingdom: [Check]; 
United States: [Empty]. 

Drug class: Nonprescription drugs: Subclasses: Pharmacy; 
Australia: [Check]; 
Italy: [Empty]; 
Netherlands: [Check]; 
United Kingdom: [Empty]; 
United States: [Empty]. 

Drug class: Nonprescription drugs: Subclasses: Drugstore; 
Australia: [Empty]; 
Italy: [Empty]; 
Netherlands: [Check]; 
United Kingdom: [Empty]; 
United States: [Empty]. 

Drug class: Nonprescription drugs: Subclasses: OTC/pharmacist; 
Australia: [Empty]; 
Italy: [Check]; 
Netherlands: [Empty]; 
United Kingdom: [Empty]; 
United States: [Empty]. 

Drug class: Nonprescription drugs: Subclasses: OTC; 
Australia: [Check]; 
Italy: [Empty]; 
Netherlands: [Check]; 
United Kingdom: [Check]; 
United States: [Check]. 

Source: GAO analysis of agency data from the study countries. 

[End of table] 

Australia, the United Kingdom, and the United States have increased 
drug availability since 1995 by switching certain drugs from more 
restrictive to less restrictive drug classes.[Footnote 25] For example, 
the United States switched 31 drugs--including nonsedating 
antihistamines, orlistat (a weight-loss aid), and levonorgestrel (an 
emergency contraceptive switched for consumers aged 18 and above)--from 
prescription to nonprescription status during this period; there were 
no switches from nonprescription to prescription status. Australia 
approved more than six times as many drug switches as the United 
States--193--to less restrictive classes in the same period. Australia 
does not require drugs to switch in a stepwise manner; for example, 28 
percent of switches approved from 1995 to 2008--54 out of 193 switches-
-bypassed an intermediate class in favor of a less restrictive class 
(e.g., bypassing BTC when switching from prescription to pharmacy 
status). During this same period, an additional 67 drug switches 
resulted in more restrictive classification (e.g., from pharmacy to 
prescription). 

The United Kingdom also switched drugs from more restrictive to less 
restrictive classes, approving more than 50 switches from prescription 
to BTC or BTC to OTC between 1995 and 2008. Among the switches approved 
were two that were the first of their kind for any country: the 2004 
switch of a cholesterol-lowering statin--simvastatin--from prescription 
to BTC status and the 2008 switch of an antibiotic-- azithromycin for 
treatment of chlamydia--to BTC status.[Footnote 26] In 2002, the United 
Kingdom began exploring ways to increase the number of drugs available 
without a prescription. As part of this process, the United Kingdom has 
changed its approach to nonprescription switches from a focus on 
switching drugs for short-term conditions to include drugs for chronic 
conditions. The United Kingdom uses a stepwise process in which drugs 
leaving prescription status are given BTC status for several years 
before they are considered for OTC sale. Thus the BTC drug class in the 
United Kingdom can serve as a transition class. 

The Impact of Restricted Nonprescription Drug Classes on Drug 
Availability Is Unclear: 

It is unclear whether the presence of restricted nonprescription drug 
classes increases drug availability. The United States required a 
prescription for more of the drugs we examined than did the two study 
countries--Australia and the United Kingdom--using a BTC drug class in 
addition to other nonprescription drug classes. When we compared the 
classification status of 86 selected drugs in the five study countries, 
the United States required a prescription for 42 drugs while Australia 
and the United Kingdom each required a prescription for 23 of the drugs 
(see table 2). The United States had slightly more of the selected 
drugs available without a prescription than the two study countries-- 
Italy and the Netherlands--that did not use a BTC drug class. (See app. 
III for further details on classification of these 86 drugs in the 
study countries.) 

Table 2: Number of 86 Selected Drugs Assigned to Each Drug Class in the 
Study Countries: 

Drug class: Prescription drugs; 
Number of drugs assigned to each drug class: Australia: 23; 
Number of drugs assigned to each drug class: Italy: 43; 
Number of drugs assigned to each drug class: Netherlands: 45; 
Number of drugs assigned to each drug class: United Kingdom: 23; 
Number of drugs assigned to each drug class: United States: 42. 

Drug class: Nonprescription drugs; 
Number of drugs assigned to each drug class: Australia: 63; 
Number of drugs assigned to each drug class: Italy: 43; 
Number of drugs assigned to each drug class: Netherlands: 41; 
Number of drugs assigned to each drug class: United Kingdom: 63; 
Number of drugs assigned to each drug class: United States: 44. 

Drug class: Nonprescription drugs: Subcategory: BTC; 
Number of drugs assigned to each drug class: Australia: 11; 
Number of drugs assigned to each drug class: Italy: NA[A]; 
Number of drugs assigned to each drug class: Netherlands: NA[A]; 
Number of drugs assigned to each drug class: United Kingdom: 34; 
Number of drugs assigned to each drug class: United States: NA[A]. 

Drug class: Nonprescription drugs: Subcategory: Pharmacy; 
Number of drugs assigned to each drug class: Australia: 29; 
Number of drugs assigned to each drug class: Italy: NA[A]; 
Number of drugs assigned to each drug class: Netherlands: 2; 
Number of drugs assigned to each drug class: United Kingdom: NA[A]; 
Number of drugs assigned to each drug class: United States: 1[B]. 

Drug class: Nonprescription drugs: Subcategory: Drugstore; 
Number of drugs assigned to each drug class: Australia: NA[A]; 
Number of drugs assigned to each drug class: Italy: NA[A]; 
Number of drugs assigned to each drug class: Netherlands: 26; 
Number of drugs assigned to each drug class: United Kingdom: NA[A]; 
Number of drugs assigned to each drug class: United States: NA[A]. 

Drug class: Nonprescription drugs: Subcategory: OTC/pharmacist; 
Number of drugs assigned to each drug class: Australia: NA[A]; 
Number of drugs assigned to each drug class: Italy: 43; 
Number of drugs assigned to each drug class: Netherlands: NA[A]; 
Number of drugs assigned to each drug class: United Kingdom: NA[A]; 
Number of drugs assigned to each drug class: United States: NA[A]. 

Drug class: Nonprescription drugs: Subcategory: OTC; 
Number of drugs assigned to each drug class: Australia: 23; 
Number of drugs assigned to each drug class: Italy: NA[A]; 
Number of drugs assigned to each drug class: Netherlands: 13; 
Number of drugs assigned to each drug class: United Kingdom: 29; 
Number of drugs assigned to each drug class: United States: 43. 

Drug class: Total (prescription + nonprescription); 
Number of drugs assigned to each drug class: Australia: 86; 
Number of drugs assigned to each drug class: Italy: 86; 
Number of drugs assigned to each drug class: Netherlands: 86; 
Number of drugs assigned to each drug class: United Kingdom: 86; 
Number of drugs assigned to each drug class: United States: 86. 

Source: GAO analysis of agency data from the study countries. 

[A] Class does not exist in this country. 

[B] In the United States, levonorgestrel (an emergency contraceptive) 
may only be sold in pharmacies--as a nonprescription drug for those 18 
and over, and by prescription for those under 18. 

[End of table] 

However, the United States had more of the 86 selected drugs classified 
as OTC--the option that provides greatest availability of these drugs 
for consumers--than all other study countries. With the exception of 
levonorgestrel (an emergency contraceptive), all nonprescription drugs 
(43 drugs, or 98 percent) were OTC in the United States without any 
restrictions. In contrast, 54 to 100 percent of nonprescription drugs 
in the other four study countries had conditions placed on their sale 
that restricted their availability. These restrictions included 
limiting sale to pharmacies and requiring pharmacist involvement in the 
sale (Australia and the United Kingdom), limiting sales to pharmacies 
and drugstores (the Netherlands), or requiring a pharmacist to be on 
the premises at any retail outlet selling nonprescription drugs 
(Italy). 

Therefore, an assessment of the restrictiveness of the drug 
distribution system in the United States compared to the other 
countries studied depends on the definition of availability. If 
availability is defined by the number of drugs available for OTC sale, 
the United States appears to have the least restrictive system, because 
more of the 86 drugs are available for OTC sale than in any of the 
other countries. However, if availability is defined by the number of 
drugs for nonprescription sale regardless of any other restriction on 
their sale, the United States is more restrictive than Australia and 
the United Kingdom but slightly less restrictive than Italy and the 
Netherlands. 

The classification of drugs in other countries and the existence of 
other classes provide little insight into the likely effect of a BTC 
drug class on nonprescription drug availability in the United States. 
It is unclear whether establishing a BTC drug class in the United 
States would allow more drugs to be switched out of the prescription 
class. We did not find a consistent association between the 
classification of particular drugs in our sample by a given country and 
the drug classification system in that country. For example, the United 
States gave less restrictive classification to some drugs and more 
restrictive classification to other drugs when compared to the other 
four study countries. Twelve drugs (14 percent) in the sample had OTC 
status in the United States but a more restrictive status in all of the 
other study countries, including two drugs with OTC status in the 
United States but prescription status in all of the other study 
countries (see table 3). 

Table 3: Drugs with OTC Status in the United States but a More 
Restrictive Status in All Other Study Countries: 

Drug: Bacitracin (topical); 
Australia: Rx; 
Italy: OTC/P;
Netherlands: Rx; 
United Kingdom: Rx; 
United States: OTC. 

Drug: Dextromethorphan; 
Australia: P; 
Italy: OTC/P; 
Netherlands: P; 
United Kingdom: BTC; 
United States: OTC. 

Drug: Insulin; 
Australia: Rx; 
Italy: Rx; 
Netherlands: Rx; 
United Kingdom: Rx; 
United States: OTC. 

Drug: Ketoprofen; 
Australia: BTC; 
Italy: OTC/P; 
Netherlands: D; 
United Kingdom: BTC; 
United States: OTC. 

Drug: Ketotifen; 
Australia: BTC; 
Italy: Rx; 
Netherlands: Rx; 
United Kingdom: Rx; 
United States: OTC. 

Drug: Miconazole (vaginal); 
Australia: BTC; 
Italy: OTC/P; 
Netherlands: Rx; 
United Kingdom: BTC; 
United States: OTC. 

Drug: Naproxen; 
Australia: P; 
Italy: OTC/P; 
Netherlands: D; 
United Kingdom: BTC; 
United States: OTC. 

Drug: Nizatidine; 
Australia: P; 
Italy: Rx; 
Netherlands: Rx; 
United Kingdom: BTC; 
United States: OTC. 

Drug: Omeprazole; 
Australia: Rx; 
Italy: Rx; 
Netherlands: D; 
United Kingdom: BTC; 
United States: OTC. 

Drug: Orlistat; 
Australia: BTC; 
Italy: Rx[A]; 
Netherlands: P; 
United Kingdom: Rx[B]; 
United States: OTC. 

Drug: Polymyxin B (topical); 
Australia: Rx; 
Italy: OTC/P; 
Netherlands: Rx; 
United Kingdom: Rx; 
United States: OTC. 

Drug: Tetracycline; 
Australia: Rx; 
Italy: Rx; 
Netherlands: Rx; 
United Kingdom: Rx; 
United States: OTC[B]. 

Legend: 
Rx = prescription; 
BTC = behind-the-counter; 
P = pharmacy; 
D = drugstore; 
OTC/P = over-the-counter (pharmacist required); 
OTC = over-the-counter. 

Source: GAO analysis of agency data from the study countries. 

Note: This table indicates the least restrictive class to which each 
drug was assigned regardless of pack size, dosage, or combination 
ingredients. Other formulations of a drug may only be available under a 
more restrictive class. For example, in the United States some types of 
insulin are available as prescription drugs and other insulin products 
are available OTC. 

[A] On January 21, 2009, the European Commission approved orlistat (60 
mg) for nonprescription use in the EU. At the time of this report, 
nonprescription orlistat was not yet available to consumers. 

[B] In the United States, the topical dosage form of tetracycline is 
OTC. 

[End of table] 

Conversely, we found that seven drugs (8 percent) in the sample had 
prescription status in the United States and nonprescription status in 
all other study countries (see table 4). 

Table 4: Drugs with Prescription Status in the United States but 
Nonprescription Status in All Other Study Countries: 

Drug: Aciclovir (topical); 
Australia: OTC; 
Italy: OTC/P; 
Netherlands: OTC; 
United Kingdom: OTC; 
United States: Rx. 

Drug: Diclofenac; 
Australia: P; 
Italy: OTC/P; 
Netherlands: D; 
United Kingdom: OTC; 
United States: Rx. 

Drug: Econazole; 
Australia: OTC; 
Italy: OTC/P; 
Netherlands: D; 
United Kingdom: BTC; 
United States: Rx. 

Drug: Hyoscine (Scopolamine); 
Australia: P; 
Italy: OTC/P; 
Netherlands: D; 
United Kingdom: BTC; 
United States: Rx. 

Drug: Lactulose; 
Australia: OTC; 
Italy: OTC/P; 
Netherlands: D; 
United Kingdom: BTC; 
United States: Rx. 

Drug: Nicotine (oral inhaler); 
Australia: P; 
Italy: OTC/P; 
Netherlands: D; 
United Kingdom: OTC; 
United States: Rx. 

Drug: Penciclovir; 
Australia: P; 
Italy: OTC/P; 
Netherlands: OTC; 
United Kingdom: BTC; 
United States: Rx. 

Legend: Rx = prescription; 
BTC = behind-the-counter; 
P = pharmacy; D = drugstore; 
OTC/P = over-the-counter (pharmacist required); 
OTC = over-the-counter. 

Source: GAO analysis of agency data from the study countries. 

Note: This table indicates the least restrictive class to which each 
drug was assigned regardless of pack size, dosage, or combination 
ingredients. Other formulations of a drug may only be available under a 
more restrictive class. 

[End of table] 

Additionally, we found that seven drugs (8 percent) in the sample had 
prescription status in the United States, Italy, and the Netherlands 
but had nonprescription status in Australia and the United Kingdom, the 
two countries with a BTC drug class (see table 5). Study countries 
without a BTC drug class, therefore, had reduced availability of a 
small percentage of drugs when compared with the study countries using 
a BTC drug class. 

Table 5: Drugs with Prescription Status in Countries without a BTC Drug 
Class but Nonprescription Status in Countries with a BTC Drug Class: 

Drug: Beclometasone (nasal); 
Australia: P; 
Italy: Rx; 
Netherlands: Rx; 
United Kingdom: OTC; 
United States: Rx. 

Drug: Budesonide (nasal); 
Australia: P; 
Italy: Rx; 
Netherlands: Rx; 
United Kingdom: BTC; 
United States: Rx. 

Drug: Cyproheptadine; 
Australia: BTC; 
Italy: Rx; 
Netherlands: Rx; 
United Kingdom: BTC; 
United States: Rx. 

Drug: Fluticasone; 
Australia: P; 
Italy: Rx; 
Netherlands: Rx; 
United Kingdom: BTC; 
United States: Rx. 

Drug: Nitroglycerin; 
Australia: P; 
Italy: Rx; 
Netherlands: Rx; 
United Kingdom: BTC; 
United States: Rx. 

Drug: Nystatin; 
Australia: P; 
Italy: Rx; 
Netherlands: Rx; 
United Kingdom: BTC; 
United States: Rx. 

Drug: Theophylline; 
Australia: BTC; 
Italy: Rx; 
Netherlands: Rx; 
United Kingdom: BTC; 
United States: Rx. 

Legend: 
Rx = prescription; 
BTC = behind-the-counter; 
P = pharmacy; D = drugstore; 
OTC/P = over-the-counter (pharmacist required); 
OTC = over-the-counter. 

Source: GAO analysis of agency data from the study countries. 

Note: This table indicates the least restrictive class to which each 
drug was assigned regardless of pack size, dosage, or combination 
ingredients. Other formulations of a drug may only be available under a 
more restrictive class. 

[End of table] 

Pharmacist-, Infrastructure-, and Cost-Related Issues Would Be 
Important Considerations if a BTC Drug Class Were Established: 

Pharmacist-, infrastructure-, and cost-related issues would have to be 
addressed before a BTC drug class could be established in the United 
States. Several issues involved with implementing a BTC drug class 
pertain to the roles and responsibilities of pharmacists, such as 
defining their BTC dispensing responsibilities and training needs. 
Infrastructure issues, such as establishing systems for the transfer of 
patient information and private consultation areas, would also be 
important if a BTC drug class were established. In addition, cost- 
related issues, such as the availability of third-party coverage for 
BTC drugs and counseling, would also be important considerations. 
[Footnote 27] 

Issues Related to Pharmacists' Roles and Responsibilities Would Be 
Important to Consider if a BTC Drug Class Were Established: 

If the United States were to establish a BTC drug class, it would be 
important to establish pharmacists' responsibilities for dispensing BTC 
drugs. According to FDA, pharmacists' responsibilities for dispensing 
BTC drugs could include but are not limited to reviewing or conducting 
an initial screening for clinical laboratory results, 
contraindications, or drug interactions; advising consumers on safe 
drug use; and monitoring for continued safe or effective use. 
Additionally, a pharmacist could be required to document interventions 
with consumers when dispensing BTC drugs. Experts told us that 
dispensing procedures could vary depending on the product and disease. 
Determining whether a standard set of BTC dispensing requirements would 
apply to all pharmacies and pharmacists across the country would also 
be important. Determining whether BTC drugs could be sold through mail- 
order and Internet pharmacies--where physical observation of the 
consumer would not be possible--would be important, as well as 
determining whether pharmacists in these settings would need to fulfill 
additional dispensing requirements, such as using screening questions 
designed for remote counseling to ensure appropriate drug use. 

Ensuring that pharmacists meet their responsibilities for dispensing 
BTC drugs, including providing necessary counseling, would be an 
important issue to resolve. One potential purpose of classifying drugs 
as BTC is for pharmacists to ensure that consumers meet specified 
criteria for using these drugs and then to provide education on the 
proper use of these drugs. Failure to ensure that such counseling 
occurs would diminish the value of a BTC drug class. In Australia, one 
of our study countries with a BTC drug class, a 2000 government- 
sponsored review of the drug classification system found that 
pharmacist counseling did not occur to the intended extent and called 
for an enhancement of professional standards for pharmacists. 
Australian agency officials told us that since the time of this report, 
pharmacists' provision of counseling for BTC drugs has improved with 
the development of counseling standards and clarification of 
legislative controls which regulate these professional standards. 
Professional associations have also played a role in monitoring the 
quality of pharmacist counseling in Australia. A study examining the 
Quality Care Pharmacy Support Centre's "mystery shopper" visits--used 
to monitor and provide feedback on Australian pharmacies' performance 
since 2002--found that repeated mystery shopper visits led to notable 
improvement in pharmacists' handling of nonprescription drugs.[Footnote 
28] 

FDA officials told us that, if a BTC drug class were created in the 
United States, FDA would need to work with the states to determine the 
mechanisms through which oversight would be provided. An official from 
the National Association of Boards of Pharmacy told us that, if a BTC 
drug class were created, the state boards of pharmacy would need to 
establish national standards for a number of issues, including the 
types of data systems, consumer interactions, documentation, and 
expertise required for a BTC practice. This official noted that it 
could be challenging for the state boards of pharmacy to provide 
oversight for a BTC drug class because of resource constraints. 
Pharmacy practice experts and others have also raised concerns that BTC 
verbal counseling requirements would need to be more stringent than the 
counseling requirements associated with the Omnibus Budget 
Reconciliation Act of 1990 (OBRA '90).[Footnote 29] Under OBRA '90, 
consumers are allowed to waive their right to speak with a pharmacist, 
and according to pharmacy practice experts and others, many consumers 
do so. These experts told us that verbal counseling for a BTC drug 
class should be mandatory. 

Another consideration in the establishment of a BTC drug class would be 
determining if additional training would be needed for pharmacists and 
pharmacy staff and assessing whether all pharmacists and pharmacy staff 
would need to undergo this training. In pharmacist education today, 
more emphasis is being placed on patient care and assessment than was 
the case in earlier years. To fulfill degree requirements, pharmacy 
students must now earn a Doctor of Pharmacy degree, for which they are 
required to complete a minimum of 4 academic years, with at least 30 
percent of the program spent in clinical training in settings such as 
community pharmacy, hospital pharmacy, ambulatory care, and acute care 
general medicine to develop advanced professional practice skills. 
[Footnote 30] However, one study found significant variation in courses 
used to teach patient assessment skills--which have been mentioned as 
potentially important for pharmacists providing BTC counseling. 
[Footnote 31] Further, pharmacists who received their education prior 
to the current shift toward patient care and assessment might not have 
the same skills and abilities as recent graduates. Consequently, 
several experts told us that additional training would be necessary for 
at least some pharmacists in order for them to appropriately dispense 
BTC drugs. At VA and IHS, where some pharmacists have expanded 
dispensing responsibilities and have been authorized to prescribe 
drugs, credentialing programs are used to assess pharmacists' 
competencies before they are granted expanded privileges. Pharmacy 
associations have indicated that they could design and administer 
training for a BTC drug class. It would also be necessary to determine 
whether all pharmacists and pharmacy staff would be required to be 
trained in BTC-related skills. For example, one retail chain we spoke 
with suggested that each pharmacy should have the discretion to 
designate certain pharmacies or pharmacists who would be responsible 
for dispensing BTC drugs. However, if BTC drugs were only dispensed at 
certain pharmacies or by BTC-accredited pharmacists, confusion about 
how to access BTC drugs could result. 

To implement a BTC drug class, it would be important to evaluate 
whether a sufficient pharmacist workforce would be available to make 
such a program viable. Pharmacy practice experts told us that there is 
currently a pharmacist shortage that will continue for some time. 
[Footnote 32] The Health Resources and Services Administration found 
that pharmacists have experienced increasing demand for their time in 
part because of an increase in prescription volume and in part because 
of the increased amount of time needed to address insurance coverage 
problems for prescriptions. In addition, experts we interviewed raised 
the possibility that some pharmacists might not want to take on the 
additional duties associated with dispensing BTC drugs, which could 
further reduce the number of pharmacists available to participate. In 
other countries, pharmacists have been unwilling at times to dispense 
BTC products. For example, a survey of 1,156 community pharmacists 
regarding their views and early experiences with BTC simvastatin (a 
cholesterol-lowering drug) in Great Britain revealed that pharmacists 
had a number of concerns and infrequently sold simvastatin.[Footnote 
33] Despite feeling well prepared to counsel on BTC simvastatin, 
pharmacists were still reluctant to dispense the drug without 
cholesterol or blood pressure testing--which was not required by the 
drug's protocol--and therefore infrequently sold it. 

Another example of this can be seen in Florida, which in 1985 
authorized pharmacists to independently prescribe certain drugs. 
[Footnote 34] Experts have stated that despite having this authority, 
pharmacists in Florida have rarely done so. Florida pharmacists' rare 
use of their prescribing authority is primarily attributable to drugs 
being available without a prescription that are just as effective as 
those they are allowed to prescribe. Pharmacists were also concerned 
that they would increase their liability risk if they prescribed and 
they considered the recordkeeping requirements associated with 
prescribing a drug to be excessively time consuming. Having an 
inadequate number of pharmacists willing to carry out BTC functions 
could reduce the value of such a class. 

Communicating pharmacists' new role to the public could influence 
demand for products and services and would be an important issue for 
the implementation and viability of a BTC drug class. Experts have 
stated that consumers would need to understand protocols for obtaining 
BTC drugs, such as the necessity of consulting with a pharmacist before 
obtaining a BTC drug. Consumers would also need to be aware that, after 
a consultation, the pharmacist could decide that a BTC drug is not 
appropriate for the consumer or that a physician visit is necessary. If 
a BTC drug class were established in the United States, consumers might 
need time to adjust to pharmacists' new role under such a class. For 
example, in the United Kingdom, which has had a BTC drug class since 
1968, pharmacists have expressed concerns that consumers have a poor 
understanding of the pharmacist's role. Researchers have suggested that 
marketing pharmacists' professional services could help to create a 
demand for these services. Officials with the United Kingdom Department 
of Health consider increasing the public's awareness of pharmacist 
services to be a goal. According to these officials, while some 
consumers are comfortable obtaining health advice through a pharmacy, 
very few use a pharmacy's full range of services.[Footnote 35] 

In implementing a BTC drug class, it would be important to determine 
whether restrictions on the size of a BTC drug class are necessary. 
Experts raised concerns that if a BTC drug class were too large or if 
whole categories of drugs switched to BTC at once, it could overwhelm 
pharmacies because of the time burden involved in dispensing these 
drugs and the need to train pharmacists and pharmacy staff on new 
procedures associated with BTC drugs. As a consequence, this situation 
could create unintended gaps in care by disrupting pharmacies' regular 
prescription dispensing duties or interfering with their ability to 
provide BTC drugs. For instance, pharmacists in the United Kingdom 
found following different dispensing procedures for multiple drugs to 
be burdensome. Their ability to make appropriate recommendations was 
hampered by the time involved in following these procedures. However, 
some pharmacy officials we spoke with told us that restricting the size 
of a BTC drug class would not be necessary because pharmacists are 
accustomed to managing a large number of drugs for various individuals. 

Infrastructure Issues Would Be Important Considerations in the 
Establishment of a BTC Drug Class: 

An assessment of infrastructure needs would be important to the 
establishment of a BTC drug class in the United States. Implementing a 
BTC drug class could entail infrastructure changes for pharmacies so 
that pharmacists could have better patient information on which to base 
dispensing decisions. For example, data infrastructure enhancements 
would be necessary for some pharmacies to meet the possible record- 
keeping requirements of a BTC drug class and to facilitate 
communication between pharmacists and physicians. Other countries 
consider information-sharing systems important for supporting physician-
pharmacist communication. For example, in the Netherlands, physicians 
and pharmacists communicate regularly through electronic prescribing 
systems, and health officials are developing a system that physicians 
and pharmacists can use to share patient-specific drug data. Electronic 
patient health information, such as laboratory results and diagnoses, 
could also help U.S. pharmacists make better decisions when dispensing 
BTC drugs. Although commentators note that most state regulations 
require that a patient drug profile be maintained at the pharmacy and 
reviewed prior to dispensing a drug, pharmacies currently have limited 
access to electronic patient health information.[Footnote 36] For 
example, a study of Nebraska pharmacists found that 6 percent of 
surveyed pharmacists had access to electronic patient health 
information from other providers. Additionally, a 2003 survey of 
community pharmacies from across the United States found that 54 
percent of the respondent pharmacies were using a paper documentation 
system.[Footnote 37] Researchers have found several challenges 
associated with a paper system, all of which could impact 
implementation of a BTC drug class; these challenges include 
documentation time, retrieval of patient data, tracking consumer 
outcomes, and storage. Improving pharmacists' access to patient 
information has been shown to improve decision-making. One study found 
that pharmacists performing drug utilization reviews made better 
decisions when they had access to more complete patient information on 
which to base decisions.[Footnote 38] 

The need for private pharmacy consultation areas is another important 
infrastructure issue that would require consideration if a BTC drug 
class were implemented. Several groups have identified a need to 
establish private counseling areas in pharmacies to ensure consumer 
privacy. Consumers might be reluctant to receive counseling from 
pharmacists if they have concerns about privacy. A study of Dutch 
pharmacies indicated that if individuals are aware that a pharmacy has 
a separate consultation room, they might be more likely to seek a 
private consultation with a pharmacist.[Footnote 39] Similarly, 
researchers have found that enclosed counseling areas in Australian 
pharmacies increase the likelihood that screening activities and other 
enhanced pharmacy services occur.[Footnote 40] One pharmacy practice 
expert told us that the majority of Australian pharmacies are including 
private consultation areas when updating their infrastructure.[Footnote 
41] If private consultation rooms were required as part of a BTC drug 
class, U.S. pharmacies could incur costs to remodel their facilities. 
Although the National Association of Boards of Pharmacy currently 
recommends that U.S. pharmacies have a private area for confidential 
conversations, states have varied in requiring these areas.[Footnote 
42] 

Cost-Related Issues for Drugs, Pharmacists' Services, and Drug Switches 
Would Be Important Considerations in Establishing a BTC Drug Class: 

Several cost-related issues would be important for the establishment of 
a BTC drug class. One consideration would be the availability of third- 
party coverage of BTC drugs. Pharmacy association and consumer group 
officials we spoke with told us that the effect of a BTC drug class on 
consumers' out-of-pocket drug expenses would depend on the 
reimbursement decisions of third-party payers such as health insurers, 
who often pay all or most of the cost of prescription drugs but 
generally do not pay for OTC products. A 1999 review of insurance plan 
benefits reported that less than one-third of plans covered selected 
OTC products and that less than one-third of plans continued to cover 
products switched from prescription to OTC status.[Footnote 43] A 2003 
study found that although 39 of 43 state Medicaid programs reporting in 
2003 covered some OTC drugs when ordered by a prescriber, only 12 
provided coverage for OTC drugs that switched from prescription to OTC. 
[Footnote 44] HHS officials told us that legislative changes might be 
necessary to allow for Medicare Part D coverage of BTC drugs. A similar 
consideration concerns drugs now covered under the Medicaid program. If 
third-party payers do not reimburse consumers for drugs that were 
switched from prescription to BTC, consumers' out-of-pocket 
expenditures could increase. 

The cost of nonreimbursable BTC drugs could also affect the extent to 
which consumers use BTC drugs. Evidence from other countries suggests 
that drug costs can be prohibitive to consumers. In the view of 
pharmacists in Great Britain, the high cost of BTC drugs such as 
omeprazole, especially relative to prescription or OTC alternatives, 
might deter consumers from using the drug.[Footnote 45] Another 
expensive BTC drug in the United Kingdom is simvastatin, which is 
intended for use by individuals who do not qualify for National Health 
Service coverage of statin treatment. However, according to 
pharmacists, the high cost of the drug could discourage some consumers 
from using it. Officials with the Medicines Evaluation Board of the 
Netherlands told us that consumers often oppose switches of drugs from 
prescription to pharmacy status because they lose insurance coverage 
when a drug becomes nonprescription. Therefore, in the Netherlands, 
prescription drugs that are not already covered by insurance are more 
likely to be considered viable switch candidates for pharmacy class 
status. A survey of individuals with indigestion or hypertension found 
that about half of all Italian respondents--regardless of their ability 
to pay for drugs--had obtained prescriptions for drugs that were 
available OTC in order to obtain insurance coverage because they 
considered the OTC products too expensive.[Footnote 46] 

The availability of third-party coverage for BTC counseling could 
influence pharmacists' involvement in a BTC drug class and the quality 
of pharmacists' services, and third-party coverage for BTC counseling 
could also increase drug prices. Officials from the American 
Pharmacists Association have raised concerns about whether it would be 
financially feasible for pharmacies to carry BTC drugs unless 
pharmacists were able to bill and be fully paid for the clinical 
services that might be required for a BTC drug class. In addition to 
influencing pharmacists' willingness to participate in a BTC drug 
class, whether or not pharmacists are compensated might also affect 
their performance. One study of the factors that increase the 
prevalence of patient care services in community pharmacies found that 
paying pharmacists increased their detection of drug-related problems. 
[Footnote 47] Another study found that providing pharmacists with a 
financial incentive was associated with significantly higher 
documentation levels and higher advanced service levels.[Footnote 48] A 
counseling fee could lead to higher drug prices if pharmacist 
compensation were included in the price of BTC drugs. However, 
consumers might be willing to pay more for BTC drugs if they consider 
pharmacist services valuable. A survey of 2,500 adults in the United 
States found that the majority of respondents were willing to pay an 
out-of-pocket fee for pharmaceutical care services, even if they were 
not currently receiving such services.[Footnote 49] Third-party payers 
might also be willing to cover pharmacist services. In one diabetes 
management study, self-insured employers reimbursed pharmacists for 
consultation services, and based on the clinical improvements and 
financial savings associated with the diabetes management program, 
decided to retain the program as a permanent component of their health 
plan benefit.[Footnote 50] 

Compensation for BTC services might be necessary to offset increased 
liability. Additional liability could be incurred by pharmacists and 
pharmacies as a result of their participation in BTC counseling. 
Pharmacy officials raised the possibility that pharmacists 
participating in the implementation of a BTC drug class could have a 
greater exposure to liability because they would dispense drugs without 
a physician's order. Concerns about liability might deter pharmacists 
from dispensing BTC drugs. For instance, such concerns were cited by 
pharmacists in Florida who were hesitant to use their prescribing 
authority. 

Costs might also be affected by new incentives necessary to encourage 
drug manufacturers to invest funds in a two-stage switch process (from 
prescription to BTC and then from BTC to OTC). Clinical trials, 
including actual use studies, are often conducted to help determine 
whether a drug could be switched from prescription to OTC, and an FDA 
official indicated that these trials may also be needed to determine if 
a product could be switched from prescription to BTC and from BTC to 
OTC. Currently, drug manufacturers may receive 3 additional years of 
exclusive marketing rights for drugs switched from prescription to OTC 
status if the switch requires additional clinical trials.[Footnote 51] 
Some FDA officials and manufacturers we spoke with believe it might be 
necessary to provide manufacturers with exclusive marketing rights for 
drugs switching from prescription to BTC status and also for BTC-to-OTC 
switches. It is unclear what period of exclusivity would make drug 
manufacturers' investment in clinical studies for prescription-to-BTC 
and BTC-to-OTC switches worthwhile. However, FDA noted that granting 
this additional period of market exclusivity could reduce competition. 

Agency Comments and Our Evaluation: 

HHS provided comments on a draft of this report. The comments are 
reproduced in appendix IV. In its comments HHS agreed that cost-related 
issues would have to be addressed before implementing a BTC drug class. 

HHS recommended that GAO add a discussion regarding the statutory 
authority to provide reimbursement under Medicare Part D for drugs that 
would be included in a BTC drug class if it were to be created. Such 
discussion is beyond the scope of this report, but we noted in the 
report that the ramifications for Medicare, as well as Medicaid, would 
need to be considered before establishment of a BTC drug class. 

HHS also suggested that a footnote in the report could mislead the 
reader to believe that the Medicare Prescription Drug, Improvement, and 
Modernization Act of 2003 (MMA) requires pharmacists to review Medicare 
beneficiaries' prescription drug regimens as a component of MTM under 
Medicare Part D. While pharmacists are required to participate in the 
development of such programs, we added text to the main body of the 
report to clarify that MMA does not require that pharmacists furnish 
the services provided in MTM programs but also does not prohibit them 
from doing so. 

HHS stated that while MMA required Part D sponsors to implement MTM 
programs, the Part D program does not establish any payment schedules 
for either physicians or pharmacists performing MTM. HHS was concerned 
that a footnote in the report might be read to mean that MMA specified 
such a payment schedule. We have revised the text to clarify that MMA 
does not specify a payment schedule but that CMS often uses a rate that 
is 80 percent of the physician rate to determine their payments under 
Medicare. 

In addition, HHS and VA provided technical comments on the report 
draft, which we have incorporated as appropriate. 

As agreed with your offices, unless you publicly announce the contents 
of this report earlier, we plan no further distribution until 30 days 
from the report date. At that time, we will send copies to the 
Secretary of Health and Human Services, the Commissioner of the Food 
and Drug Administration, committees, and others. The report also will 
be available at no charge on the GAO's Web site at [hyperlink, 
http://www.gao.gov]. 

If you or your staff have questions about this report, please contact 
me at (202) 512-7114 or crossem@gao.gov. Contact points for our Offices 
of Congressional Relations and Public Affairs may be found on the last 
page of this report. GAO staff who made major contributions to this 
report are listed in appendix V. 

Signed by: 

Marcia Crosse: 
Director, Health Care: 

[End of section] 

Appendix I: Objectives, Scope, and Methodology: 

Objectives: 

In light of the November 2007 Food and Drug Administration (FDA) public 
meeting to explore the public health implications of behind-the-counter 
(BTC) availability of certain drugs in the United States and the 
fundamental change that BTC availability would represent in the U.S. 
drug classification system,[Footnote 52] we are updating information we 
first presented in our 1995 report.[Footnote 53] Specifically, we are 
reporting on (1) the arguments that have been made supporting and 
opposing the creation of a BTC drug class in the United States; (2) 
changes in drug availability in our five study countries[Footnote 54] 
since 1995 and the impact of restricted nonprescription drug classes on 
drug availability; and (3) issues that would be important to the 
establishment of a BTC drug class. 

Scope and Methodology: 

To describe the arguments that have been made supporting and opposing a 
BTC drug class in the United States, we reviewed published literature, 
reports, and meeting minutes of FDA hearings on prescription-to-over- 
the-counter (OTC) switches, and the transcript of and docket 
submissions for the November 2007 FDA meeting on BTC drug availability. 
[Footnote 55] We interviewed officials at FDA, pharmacy associations, 
drug manufacturers, consumer groups, and industry associations in the 
United States. We also interviewed academics and other officials 
knowledgeable about pharmaceutical practice. 

To determine the impact of restricted nonprescription drug classes on 
drug availability, we interviewed experts to ask them to help us 
identify countries that had evaluated drug classification in their 
countries since our 1995 report. Based on this information, we selected 
5 of the 11 countries covered in our previous report.[Footnote 56] We 
also examined drug classification in the European Union (EU) because 
these factors affect drug availability in three of our study countries. 
We reviewed published literature, reports, and agency documents on drug 
classification and prescription-to-nonprescription switches. We also 
interviewed agency officials, industry representatives, and others 
knowledgeable about pharmaceutical practices and the relevant laws and 
regulations in our study countries.[Footnote 57] Although some 
countries--including the United States--place additional restrictions 
on certain prescription drugs, a complete analysis of prescription drug 
classification was beyond the scope of this report.[Footnote 58] For 
our analysis, all prescription drugs were placed in the same class. We 
examined changes since 1995 in the drug classification systems in two 
study countries (Italy and the Netherlands) that changed the number or 
type of nonprescription drug classes in use. We also determined the 
number of drugs switched from one drug class to another (e.g., 
prescription to BTC) between 1995 and 2008 for the three study 
countries--Australia, the United Kingdom, and the United States--that 
maintained the same number and type of nonprescription drug classes 
during that time. We examined relevant documents and interviewed 
knowledgeable officials in those countries. We counted the first switch 
of a particular drug (e.g., ibuprofen) from one drug class to another 
that occurred after January 1, 1995, but did not count subsequent 
switches of additional products containing the same drug between the 
same two drug classes (except in the case of different nicotine dosage 
forms such as gum and patches) in order to achieve consistency with the 
World Self-Medication Industry (WSMI) data discussed below.[Footnote 
59] We also did not count switches that changed only the allowable 
dosage, pack size, or indications for a drug that had previously been 
switched. In some cases, a switch in one country may have involved a 
drug that was not approved for use in one of the other countries or was 
not subject to regulation as a drug in another country. 

Additionally, we determined the classification of selected drugs in the 
United States and the other study countries. We selected a sample of 
drugs using the WSMI databases that describe the classification status-
-prescription or nonprescription--of more than 200 drugs in 36 
countries.[Footnote 60] We used the February 1, 2007, tables; these 
were the most recent tables available at the time we were conducting 
our study. We excluded from the list any drugs listed as "not 
registered" or with a blank entry for Australia, the Netherlands, the 
United Kingdom, or the United States; a sample of 110 drugs resulted. 
We examined the survey format used to collect information on drug 
classification and response rates from the most recent survey, and 
determined that the data were sufficiently reliable for our purposes. 
After drawing the initial sample from the WSMI tables, we added Italy 
to our scope. We then determined the classification status of the 
sample drugs in each of the study countries using agency information 
including information from knowledgeable agency officials and an 
examination of the Standard for the Uniform Scheduling of Drugs and 
Poisons No. 22 (Australia); the Prontuario Farmaceutico Nazionale and 
the Elenco indicativo dei farmaci SOP e OTC in commercio con prezzo in 
vigore al 31/12/2006 ai sensi del comma 802 dell'art. 1 Legge 27 
dicembre 2006, n. 296 (Italy); the Medicines Evaluation Board Database 
Human Medicines (Netherlands); List A: Consolidated list of substances 
which are present in prescription only medicines (POM), with exemptions 
for pharmacy sale or supply (P), List B: Consolidated list of 
substances which are present in authorised medicines for general sale, 
and List C: Consolidated list of substances which are present in 
authorised products which have been reclassified since 1 April 2002 
(United Kingdom); the list of Approved Drug Products with Therapeutic 
Equivalence Evaluations, 28th Edition (i.e., the Orange Book) (United 
States); and other agency documents. The data in these reference 
documents are standard data sources published by each country's 
regulatory authority and were sufficiently reliable for our purposes. 
We found that 24 of the 110 drugs in our initial sample were not 
approved in one or more of the five study countries and eliminated 
these drugs from our sample, resulting in a final sample of 86 drugs. 
We then compared the classification of these drugs across the five 
study countries in order to determine the least restrictive class to 
which each drug was assigned regardless of pack size, dosage, or 
combination ingredients. 

To identify issues that would be important to the establishment of a 
BTC drug class in the United States, we interviewed officials at FDA, 
the Centers for Medicare & Medicaid Services (CMS), the Department of 
Veterans Affairs (VA), the Indian Health Service (IHS), pharmacist 
associations, drug manufacturers, consumer groups, and industry 
associations. We interviewed academics and other experts knowledgeable 
about pharmacists' prescribing authority, including individuals who 
have testified to FDA on the possible creation of a BTC drug class in 
the United States. We also interviewed agency officials, industry 
representatives, pharmacist association representatives, and others 
knowledgeable about pharmacy practices in our other study countries. We 
reviewed reports and the transcript of and docket submissions for the 
November 2007 FDA meeting on BTC drugs. We also reviewed published, 
peer-reviewed pharmacy practice literature, focusing on articles 
published since our 1995 report and relating to the United States or 
our other study countries. For this literature review, we searched 67 
databases, including International Pharmaceutical Abstracts, EMBASE, 
Pharmaceutical News Index, Gale Group Health & Wellness Database, Pharm-
Line, Science Citation Index, and MEDLINE. Key search terms used were 
pharmacy practice, pharmacist counseling, pharmacist intervention, 
pharmacist prescribing authority, pharmaceutical care, collaborative 
practice, medication therapy management, drug classification, and drug 
reclassification. We also reviewed literature cited in these studies 
and studies recommended to us by those we interviewed. 

We conducted our work from March 2008 through February 2009 in 
accordance with all sections of GAO's quality assurance framework that 
are relevant to our objectives. The framework requires that we plan and 
perform the engagement to obtain sufficient and appropriate evidence to 
meet our stated objectives and to discuss any limitations in our work. 
We believe that the information and data obtained, and the analysis 
conducted, provide a reasonable basis for any findings and conclusions. 

[End of section] 

Appendix II: Description of Drug Classification Systems in the Five 
Study Countries and the European Union: 

In this appendix, we describe the drug classification systems in our 
five study countries--Australia, Italy, the Netherlands, the United 
Kingdom, and the United States. We also describe drug classification in 
the EU because it affects drug availability in three of our study 
countries. Although the terms used for different drug classes are 
included for each country, a standardized set of terminology is also 
used to facilitate comparisons (see figure 2). 

Figure 2: Definitions and Relative Levels of Restriction for Drug 
Classes Used in This Report: 

[Refer to PDF for image: illustration] 

Term used in the report: Prescription drugs: Prescription; 
Definition: Available only from a pharmacist or other licensed 
dispenser upon submission of a prescription; 
Level of restriction: Most restrictive. 

Term used in the report: Nonprescription drugs: BTC; 
Definition: Available only in pharmacies; contact with pharmacist 
required; 
Level of restriction: Less than previous category. 

Term used in the report: Nonprescription drugs: Pharmacy; 
Definition: Available only in pharmacies; contact with pharmacist not 
required; 
Level of restriction: Less than previous category. 

Term used in the report: Nonprescription drugs: Drugstore; 
Definition: Available only in pharmacies or drugstores; contact with 
pharmacist not required[A]; 
Level of restriction: Less than previous category. 

Term used in the report: Nonprescription drugs: OTC/pharmacist; 
Definition: Available for self-selection in pharmacies and other retail 
outlets, but a pharmacist must be present; 
Level of restriction: Less than previous category. 

Term used in the report: Nonprescription drugs: OTC 
Definition: Available for self-selection in pharmacies and other retail 
outlets, including those without pharmacists or druggists; 
Level of restriction: Least restrictive. 

Source: GAO analysis of agency documents from the study countries. 

[A] In the Netherlands, a distinction is made between pharmacies (run 
by pharmacists and able to sell all prescription and nonprescription 
drugs) and drugstores (run by druggists with less training than 
pharmacists and able to sell only some nonprescription drugs). 

[End of figure] 

Australia: 

The Therapeutic Goods Administration within the Department of Health 
and Ageing is responsible for the evaluation and approval of new drugs 
in Australia. The National Drugs and Poisons Schedule Committee makes 
recommendations on the appropriate classification of drugs and is also 
responsible for all decisions to switch a drug from one class to 
another.[Footnote 61] Generally, the committee requires that a drug be 
marketed for 2 years before it will consider allowing it to move to a 
less restrictive classification; applications that do not meet this 
requirement may be considered when sufficient evidence is presented. 
While each state or territory has the authority to determine drug 
classification independently, all states and territories agreed in 2005 
to adopt the national scheduling committee's decisions in full in order 
to reduce barriers to commerce in Australia.[Footnote 62] 

Australia has a complex, multilevel classification system for drugs 
that includes: 

* Schedule 2 (equivalent to pharmacy), 

* Schedule 3 (equivalent to BTC), 

* Schedule 4 (equivalent to prescription), 

* Schedules 5 and 6 (certain essential oils for human therapeutic use, 
as well as household and agricultural chemicals); available without a 
prescription at nonpharmacy outlets, and: 

* Schedule 8 (controlled substances for which restrictions on 
availability are necessary to reduce abuse, misuse, or dependence; 
e.g., opioids and amphetamines). 

Additionally, if a substance does not appear in a schedule, it is 
referred to as unscheduled; unscheduled drugs can be supplied to the 
public from any retail outlet (i.e., these are OTC drugs).[Footnote 63] 
Schedule 1 (formerly containing a number of toxic volatile oils) is not 
currently in use; Schedule 7 contains dangerous agricultural and 
industrial poisons; and Schedule 9 contains substances whose 
manufacture, possession, sale, or use is prohibited except under 
specific circumstances (e.g., heroin and cannabis).[Footnote 64] 

Italy: 

The Italian Pharmaceutical Agency (l'Agenzia Italiana del farmaco), an 
autonomous agency under the oversight of the Ministry of Health, 
authorizes the marketing of drugs in Italy. The agency is assisted by 
the Scientific and Technical Committee which evaluates and issues 
opinions on marketing applications. Italy currently has the following 
drug classes: 

* prescription, and: 

* nonprescription.[Footnote 65] 

All nonprescription drugs in Italy are available for sale in 
nonpharmacy outlets such as supermarkets as long as a pharmacist is on 
the premises. The requirement that a pharmacist be present wherever 
nonprescription drugs are sold means that nonprescription drugs in 
Italy are in an OTC/pharmacist class. However, Italian officials are 
evaluating the possibility of making small packs of some drugs 
available in nonpharmacy outlets without the presence of a pharmacist. 

The agency is also responsible for the decision to switch drugs from 
one classification to another. Switches from prescription to 
nonprescription status are generally initiated by the manufacturer; 
switches from nonprescription to prescription status are much less 
frequent. Drugs can also be switched from prescription to more 
restrictive classification on rare occasions for safety reasons. 

Netherlands: 

The Medicines Evaluation Board (College ter Beoordeling van 
Geneesmiddelen) is responsible for drug approval and classification in 
the Netherlands. The Medicines Evaluation Board is also responsible for 
approving requests to switch a drug; requests for OTC classification 
must be initiated by the company holding the marketing authorization. 

The drug classification system in the Netherlands includes four 
categories: 

* prescription, 

* pharmacy only (equivalent to pharmacy), 

* pharmacy and drugstore (equivalent to drugstore), and: 

* general sale (equivalent to OTC). 

The last three categories are all nonprescription and differ primarily 
in the locations at which the drugs are available for sale. OTC 
classification in the Netherlands is based, in part, on a determination 
of public benefit and the risk-benefit profile of the drug. The 
drugstore class is the default class for all nonprescription drugs that 
do not meet the criteria for pharmacy or OTC sale. In the Netherlands, 
the distinction between drugstore and OTC classification is often based 
on the dosage or pack size; large pack sizes or higher dosages of a 
drug might be restricted to pharmacies and drugstores even when smaller 
pack sizes or lower dosages are available for OTC sale. The pharmacy 
class in the Netherlands is reserved for drugs requiring interaction 
with pharmacy staff although not necessarily a pharmacist; agency 
officials told us that they do not expect to place many drugs into this 
class. At the time of our analysis, six drugs were assigned to the 
pharmacy class: domperidone (to suppress nausea), orlistat (weight loss 
aid), aliskiren (treatment of hypertension), clotrimazole (antifungal 
agent), hexamidine, and dextromethorphan (cough suppressant). 

United Kingdom: 

The Medicines and Healthcare products Regulatory Agency (MHRA) within 
the Department of Health is responsible for drug approval and 
classification in the United Kingdom. The United Kingdom continues to 
use the three-tier drug classification system that was in place in 
1995. This system includes: 

* prescription only (equivalent to prescription), 

* pharmacy (equivalent to BTC),[Footnote 66] and: 

* general sale list (equivalent to OTC). 

The presumption under law is that all drugs are restricted to the BTC 
drug class unless they meet the criteria for prescription or OTC 
status.[Footnote 67] 

MHRA encourages wider availability of drugs as soon as there is 
adequate evidence of safety in use. Manufacturers or other interested 
parties can initiate switches, which proceed in a stepwise manner 
(prescription to BTC, then BTC to OTC). Experience gained at one level 
is used to inform the decision to switch the drug to the next level. 
For example, MHRA guidelines indicate that substances suitable for OTC 
classification will have been in widespread use in BTC products for 
many years. Switching to more restrictive classes can also occur when 
warranted; this was done for large pack sizes of paracetamol in 1998 in 
an attempt to reduce adverse events associated with this drug. 

United States: 

In the United States, FDA has authority to approve drugs before they 
are marketed, to ensure that they are safe and effective, and to 
determine whether they will be available only by prescription. The 
United States uses a two-class drug system--prescription and 
nonprescription--established by the 1951 Durham-Humphrey Amendments to 
the Federal Food, Drug, and Cosmetic Act.[Footnote 68] Prescription 
drugs can be dispensed only with written or oral orders (i.e., a 
prescription) from a licensed prescriber--such as a doctor, nurse 
practitioner, or physician's assistant--to a pharmacist or other 
licensed dispenser, while nonprescription drugs do not require a 
prescription. Although most nonprescription drugs in the United States 
are publicly available without any restrictions, a few are stored 
behind the counter due to refrigeration requirements (e.g., insulin), 
to monitor quantity of purchase (e.g., pseudoephedrine), or are 
restricted to pharmacy sale in order to monitor consumer age (e.g., 
levonorgestrel). Nonprescription drugs are often referred to in the 
United States as OTC drugs. 

Between 1995 and 2007, FDA assigned 99.7 percent (1233 out of 1237) of 
newly approved drugs to the prescription class, with four new drugs--a 
topical herpes simplex treatment, a sunscreen product, a nicotine 
lozenge, and a product to block contact with poison ivy--classified as 
nonprescription. Drugs can be switched from prescription to OTC status 
in a number of ways, including through rulemaking or submission of a 
supplemental new drug application to FDA by the sponsor. In making 
switch decisions, FDA may seek advice from the Nonprescription Drugs 
Advisory Committee, often in conjunction with an appropriate specialty 
committee (e.g., the Pediatric Advisory Committee or the 
Gastrointestinal Drugs Advisory Committee). Although not bound by the 
advisory committee's advice, FDA follows the committee's recommendation 
most of the time. 

European Union: 

The Pharmaceuticals Unit of the European Commission Directorate General 
for Enterprise and Industry is responsible for approving new drugs 
submitted for marketing throughout the EU, and the European Medicines 
Agency makes a recommendation on whether the new drug should receive 
prescription or nonprescription status. The EU leaves to each member 
state the decision on whether to use subcategories within the 
prescription and nonprescription classes. Pharmacy experts told us that 
European countries have a long tradition of restricting drug sales to 
pharmacies and that about 60 percent of EU countries do not have an OTC 
drug class. 

There are four primary methods to receive marketing approval for a drug 
in the EU. These include national authorization procedures that allow a 
drug to be marketed in a specific country based on an individual 
application and for which the classification decision is made by the 
appropriate national authority, plus three methods that are handled at 
the EU level: 

* The centralized approval procedure allows applicants to market an 
approved product throughout the EU with a single application. 

* The mutual recognition procedure can be used to request that a drug 
approval from one EU country be recognized as valid in one or more 
other EU countries. 

* The decentralized procedure allows a company to apply for 
simultaneous approval in multiple EU countries for a drug that is not 
yet approved in any EU country. 

Centralized approval is required for certain categories of drugs, 
including all drugs developed through biotechnology; drugs for the 
treatment of certain diseases, including acquired immunodeficiency 
syndrome (AIDS), cancer, neurodegenerative diseases, diabetes, and 
autoimmune diseases; and orphan drugs.[Footnote 69] Although most drugs 
currently on the market in the EU were originally approved through 
national authorization procedures prior to the development of a 
centralized approval process, about 95 percent of new drugs brought to 
market are now approved through the centralized procedures. The first- 
ever application for the centralized switch of a drug (orlistat) from 
prescription to nonprescription status, which will make orlistat 
available without a prescription in all EU countries, was recently 
approved.[Footnote 70] Orlistat was granted centralized approval as a 
prescription drug in 1998. 

[End of section] 

Appendix III: Classification of 86 Drugs in Australia, Italy, the 
Netherlands, the United Kingdom, and the United States: 

Ingredient: Acetylcysteine; 
Australia: OTC; 
Italy: OTC/P; 
Netherlands: OTC; 
United Kingdom: Rx; 
United States: Rx. 

Ingredient: Acetylsalicylic acid; 
Australia: OTC; 
Italy: OTC/P; 
Netherlands: D; 
United Kingdom: OTC; 
United States: OTC. 

Ingredient: Aciclovir (topical); 
Australia: OTC; 
Italy: OTC/P; 
Netherlands: OTC; 
United Kingdom: OTC; 
United States: Rx. 

Ingredient: Adenosine; 
Australia: Rx; 
Italy: Rx; 
Netherlands: Rx; 
United Kingdom: BTC; 
United States: Rx. 

Ingredient: Azelastine; 
Australia: P; 
Italy: Rx; 
Netherlands: OTC; 
United Kingdom: BTC; 
United States: Rx. 

Ingredient: Bacitracin (topical); 
Australia: Rx; 
Italy: OTC/P; 
Netherlands: Rx; 
United Kingdom: Rx; 
United States: OTC. 

Ingredient: Beclometasone (nasal); 
Australia: P; 
Italy: Rx; 
Netherlands: Rx; 
United Kingdom: OTC; 
United States: Rx. 

Ingredient: Benzoyl peroxide; 
Australia: OTC; 
Italy: OTC/P; 
Netherlands: D; 
United Kingdom: OTC; 
United States: OTC. 

Ingredient: Bisacodyl; 
Australia: OTC; 
Italy: OTC/P; 
Netherlands: D; 
United Kingdom: OTC; 
United States: OTC. 

Ingredient: Budesonide (nasal); 
Australia: P; 
Italy: Rx; 
Netherlands: Rx; 
United Kingdom: BTC; 
United States: Rx. 

Ingredient: Calcium carbonate; 
Australia: OTC; 
Italy: OTC/P; 
Netherlands: D; 
United Kingdom: OTC; 
United States: OTC. 

Ingredient: Cetirizine; 
Australia: P; 
Italy: OTC/P; 
Netherlands: OTC; 
United Kingdom: OTC; 
United States: OTC. 

Ingredient: Chloramphenicol; 
Australia: Rx; 
Italy: Rx; 
Netherlands: Rx; 
United Kingdom: BTC; 
United States: Rx. 

Ingredient: Cimetidine; 
Australia: BTC; 
Italy: OTC/P; 
Netherlands: Rx; 
United Kingdom: BTC; 
United States: OTC. 

Ingredient: Clindamycin; 
Australia: Rx; 
Italy: Rx; 
Netherlands: Rx; 
United Kingdom: Rx; 
United States: Rx. 

Ingredient: Clotrimazole (topical); 
Australia: OTC; 
Italy: OTC/P; 
Netherlands: D; 
United Kingdom: OTC; 
United States: OTC. 

Ingredient: Clotrimazole (vaginal); 
Australia: BTC; 
Italy: OTC/P; 
Netherlands: Rx; 
United Kingdom: OTC; 
United States: OTC. 

Ingredient: Colestyramine; 
Australia: Rx; 
Italy: Rx; 
Netherlands: Rx; 
United Kingdom: Rx; 
United States: Rx. 

Ingredient: Cromoglicic acid; 
Australia: P; 
Italy: Rx; 
Netherlands: OTC; 
United Kingdom: BTC; 
United States: OTC. 

Ingredient: Cyproheptadine; 
Australia: BTC; 
Italy: Rx; 
Netherlands: Rx; 
United Kingdom: BTC; 
United States: Rx. 

Ingredient: Dextromethorphan; 
Australia: P; 
Italy: OTC/P; 
Netherlands: P; 
United Kingdom: BTC; 
United States: OTC. 

Ingredient: Diclofenac; 
Australia: P; 
Italy: OTC/P; 
Netherlands: D; 
United Kingdom: OTC; 
United States: Rx. 

Ingredient: Dimeticone; 
Australia: OTC; 
Italy: OTC/P; 
Netherlands: Rx; 
United Kingdom: OTC; 
United States: OTC. 

Ingredient: Econazole; 
Australia: OTC; 
Italy: OTC/P; 
Netherlands: D; 
United Kingdom: BTC; 
United States: Rx. 

Ingredient: Epinephrine (not for asthma) (adrenaline); 
Australia: OTC; 
Italy: Rx; 
Netherlands: Rx; 
United Kingdom: BTC; 
United States: OTC. 

Ingredient: Erythromycin (topical); 
Australia: Rx; 
Italy: Rx; 
Netherlands: Rx; 
United Kingdom: Rx; 
United States: Rx. 

Ingredient: Famotidine; 
Australia: P; 
Italy: Rx; 
Netherlands: D; 
United Kingdom: OTC; 
United States: OTC. 

Ingredient: Fexofenadine; 
Australia: P; 
Italy: Rx; 
Netherlands: Rx; 
United Kingdom: Rx; 
United States: Rx. 

Ingredient: Flunisolide (nasal); 
Australia: Rx; 
Italy: Rx; 
Netherlands: Rx; 
United Kingdom: BTC; 
United States: Rx. 

Ingredient: Fluoride (sodium); 
Australia: OTC; 
Italy: OTC/P; 
Netherlands: D; 
United Kingdom: OTC; 
United States: OTC. 

Ingredient: Flurbiprofen (lozenges); 
Australia: P; 
Italy: OTC/P; 
Netherlands: Rx; 
United Kingdom: BTC; 
United States: Rx. 

Ingredient: Fluticasone; 
Australia: P; 
Italy: Rx; 
Netherlands: Rx; 
United Kingdom: BTC; 
United States: Rx. 

Ingredient: Hydrocortisone (topical); 
Australia: P; 
Italy: OTC/P; 
Netherlands: Rx; 
United Kingdom: OTC; 
United States: OTC. 

Ingredient: Hydroxyzine; 
Australia: Rx; 
Italy: Rx; 
Netherlands: Rx; 
United Kingdom: BTC; 
United States: Rx. 

Ingredient: Hyoscine (scopolamine); 
Australia: P; 
Italy: OTC/P; 
Netherlands: D; 
United Kingdom: BTC; 
United States: Rx. 

Ingredient: Ibuprofen (oral); 
Australia: OTC; 
Italy: OTC/P; 
Netherlands: D; 
United Kingdom: OTC; 
United States: OTC. 

Ingredient: Insulin; 
Australia: Rx; 
Italy: Rx; 
Netherlands: Rx; 
United Kingdom: Rx; 
United States: OTC. 

Ingredient: Itraconazole; 
Australia: Rx; 
Italy: Rx; 
Netherlands: Rx; 
United Kingdom: Rx; 
United States: Rx. 

Ingredient: Ketoconazole (topical); 
Australia: OTC; 
Italy: OTC/P; 
Netherlands: Rx; 
United Kingdom: OTC; 
United States: OTC. 

Ingredient: Ketoprofen; 
Australia: BTC; 
Italy: OTC/P; 
Netherlands: D; 
United Kingdom: BTC; 
United States: OTC. 

Ingredient: Ketotifen; 
Australia: BTC; 
Italy: Rx; 
Netherlands: Rx; 
United Kingdom: Rx; 
United States: OTC. 

Ingredient: Lactulose; 
Australia: OTC; 
Italy: OTC/P; 
Netherlands: D; 
United Kingdom: BTC; 
United States: Rx. 

Ingredient: Levonorgestrel; 
Australia: BTC; 
Italy: Rx; 
Netherlands: D; 
United Kingdom: BTC; 
United States: P[A]. 

Ingredient: Lidocaine (topical/oral topical); 
Australia: OTC; 
Italy: OTC/P; 
Netherlands: OTC; 
United Kingdom: OTC; 
United States: OTC. 

Ingredient: Loperamide; 
Australia: P; 
Italy: OTC/P; 
Netherlands: OTC; 
United Kingdom: OTC; 
United States: OTC. 

Ingredient: Loratadine; 
Australia: P; 
Italy: OTC/P; 
Netherlands: OTC; 
United Kingdom: OTC; 
United States: OTC. 

Ingredient: Mebendazole; 
Australia: P; 
Italy: Rx; 
Netherlands: D; 
United Kingdom: BTC; 
United States: Rx. 

Ingredient: Metoclopramide; 
Australia: BTC; 
Italy: Rx; 
Netherlands: Rx; 
United Kingdom: Rx; 
United States: Rx. 

Ingredient: Miconazole (topical); 
Australia: OTC; 
Italy: OTC/P; 
Netherlands: D; 
United Kingdom: BTC; 
United States: OTC. 

Ingredient: Miconazole (vaginal); 
Australia: BTC; 
Italy: OTC/P; 
Netherlands: Rx; 
United Kingdom: BTC; 
United States: OTC. 

Ingredient: Minoxidil (topical); 
Australia: P; 
Italy: OTC/P; 
Netherlands: D; 
United Kingdom: OTC; 
United States: OTC. 

Ingredient: Mometasone (nasal); 
Australia: P; 
Italy: Rx; 
Netherlands: Rx; 
United Kingdom: Rx; 
United States: Rx. 

Ingredient: Mupirocin (topical); 
Australia: Rx; 
Italy: Rx; 
Netherlands: Rx; 
United Kingdom: Rx; 
United States: Rx. 

Ingredient: Naproxen; 
Australia: P; 
Italy: OTC/P; 
Netherlands: D; 
United Kingdom: BTC; 
United States: OTC. 

Ingredient: Nicotine (gum); 
Australia: OTC; 
Italy: OTC/P; 
Netherlands: OTC; 
United Kingdom: OTC; 
United States: OTC. 

Ingredient: Nicotine (oral inhaler); 
Australia: P; 
Italy: OTC/P; 
Netherlands: D; 
United Kingdom: OTC; 
United States: Rx. 

Ingredient: Nicotine (patch); 
Australia: OTC; 
Italy: OTC/P; 
Netherlands: D; 
United Kingdom: OTC; 
United States: OTC. 

Ingredient: Nitroglycerin; 
Australia: P; 
Italy: Rx; 
Netherlands: Rx; 
United Kingdom: BTC; 
United States: Rx. 

Ingredient: Nizatidine; 
Australia: P; 
Italy: Rx; 
Netherlands: Rx; 
United Kingdom: BTC; 
United States: OTC. 

Ingredient: Nystatin; 
Australia: P; 
Italy: Rx; 
Netherlands: Rx; 
United Kingdom: BTC; 
United States: Rx. 

Ingredient: Omeprazole; 
Australia: Rx; 
Italy: Rx; 
Netherlands: D; 
United Kingdom: BTC; 
United States: OTC. 

Ingredient: Orlistat; 
Australia: BTC; 
Italy: Rx[B]; 
Netherlands: P; 
United Kingdom: Rx[B]; 
United States: OTC. 

Ingredient: Orphenadrine; 
Australia: Rx; 
Italy: Rx; 
Netherlands: Rx; 
United Kingdom: Rx; 
United States: Rx. 

Ingredient: Oxymetazoline; 
Australia: P; 
Italy: OTC/P; 
Netherlands: D; 
United Kingdom: OTC; 
United States: OTC. 

Ingredient: Pantoprazole; 
Australia: Rx; 
Italy: Rx; 
Netherlands: Rx; 
United Kingdom: Rx; 
United States: Rx. 

Ingredient: Paracetamol; 
Australia: OTC; 
Italy: OTC/P; 
Netherlands: OTC; 
United Kingdom: OTC; 
United States: OTC. 

Ingredient: Penciclovir; 
Australia: P; 
Italy: OTC/P; 
Netherlands: OTC; 
United Kingdom: BTC; 
United States: Rx. 

Ingredient: Phenylephrine; 
Australia: OTC; 
Italy: OTC/P; 
Netherlands: Rx; 
United Kingdom: OTC; 
United States: OTC. 

Ingredient: Polymyxin B (topical); 
Australia: Rx; 
Italy: OTC/P; 
Netherlands: Rx; 
United Kingdom: Rx; 
United States: OTC. 

Ingredient: Povidone iodine; 
Australia: OTC; 
Italy: OTC/P; 
Netherlands: OTC; 
United Kingdom: OTC; 
United States: OTC. 

Ingredient: Pravastatin; 
Australia: Rx; 
Italy: Rx; 
Netherlands: Rx; 
United Kingdom: Rx; 
United States: Rx. 

Ingredient: Prednisolone; 
Australia: Rx; 
Italy: Rx; 
Netherlands: Rx; 
United Kingdom: Rx; 
United States: Rx. 

Ingredient: Prilocaine; 
Australia: P; 
Italy: Rx; 
Netherlands: D; 
United Kingdom: BTC; 
United States: Rx. 

Ingredient: Promethazine; 
Australia: P; 
Italy: OTC/P; 
Netherlands: Rx; 
United Kingdom: BTC; 
United States: Rx. 

Ingredient: Ranitidine; 
Australia: P; 
Italy: Rx; 
Netherlands: D; 
United Kingdom: OTC; 
United States: OTC. 

Ingredient: Salbutamol; 
Australia: BTC; 
Italy: Rx; 
Netherlands: Rx; 
United Kingdom: Rx; 
United States: Rx. 

Ingredient: Selenium sulfide; 
Australia: OTC; 
Italy: OTC/P; 
Netherlands: D; 
United Kingdom: BTC; 
United States: OTC. 

Ingredient: Silver sulfadiazine 1%; 
Australia: Rx; 
Italy: OTC/P; 
Netherlands: Rx; 
United Kingdom: Rx; 
United States: Rx. 

Ingredient: Simvastatin; 
Australia: Rx; 
Italy: Rx; 
Netherlands: Rx; 
United Kingdom: BTC; 
United States: Rx. 

Ingredient: Sumatriptan; 
Australia: Rx; 
Italy: Rx; 
Netherlands: Rx; 
United Kingdom: BTC; 
United States: Rx. 

Ingredient: Terbinafine; 
Australia: OTC; 
Italy: Rx; 
Netherlands: OTC; 
United Kingdom: BTC; 
United States: OTC. 

Ingredient: Tetracycline; 
Australia: Rx; 
Italy: Rx; 
Netherlands: Rx; 
United Kingdom: Rx; 
United States: OTC[C]. 

Ingredient: Theophylline; 
Australia: BTC; 
Italy: Rx; 
Netherlands: Rx; 
United Kingdom: BTC; 
United States: Rx. 

Ingredient: Tretinoin; 
Australia: Rx; 
Italy: Rx; 
Netherlands: Rx; 
United Kingdom: Rx; 
United States: Rx. 

Ingredient: Xylometazoline (nasal); 
Australia: P; 
Italy: OTC/P; 
Netherlands: D; 
United Kingdom: OTC; 
United States: OTC. 

Ingredient: Zolmitriptan; 
Australia: Rx; 
Italy: Rx; 
Netherlands: Rx; 
United Kingdom: Rx; 
United States: Rx. 

Legend: 
Rx = prescription; 
BTC = behind-the-counter; 
P = pharmacy; 
D = drugstore; 
OTC/P = over-the-counter (pharmacist required); 
OTC = over-the-counter. 

Source: GAO analysis of agency data. 

Note: This table indicates the least restrictive class to which each 
drug was assigned regardless of pack size, dosage, or combination 
ingredients. Other formulations of a drug may only be available under a 
more restrictive class. For example, in the United States some types of 
insulin are available as prescription drugs and other insulin products 
are available OTC. 

[A] In the United States, levonorgestrel (an emergency contraceptive) 
may only be sold in pharmacies--as a nonprescription drug for those 18 
and over, and by prescription for those under 18. 

[B] On January 21, 2009, the European Commission approved orlistat (60 
mg) for nonprescription use in the EU. At the time of this report, 
nonprescription orlistat was not yet available to consumers. 

[C] In the United States, the topical dosage form of tetracycline is 
OTC. 

[End of table] 

[End of section] 

Appendix IV: Comments from the Department of Health and Human Services: 

Department Of Health & Human Services: 
Office Of The Secretary: 
Assistant Secretary for Legislation: 
Washington, DC 20201: 

February 2, 2009: 

Marcia G. Crosse: 
Director, Health Care: 
U.S. Government Accountability Office: 
441 G Street N.W. 
Washington, DC 20548: 

Dear Ms. Crosse: 

Enclosed are comments on the U.S. Government Accountability Office's 
(GAO) report entitled: "Nonprescription Drugs: Considerations Regarding 
a Behind-the-Counter Drug Class (GAO-09-245). 

The Department appreciates the opportunity to review this report before 
its publication. 

Sincerely, 

Signed by: 

Barbara Pisaro Clark: 
Acting Assistant Secretary for Legislation: 

Attachment: 

Department Of Health & Human Services: 
Center for Medicare and Medicaid Services: 
200 Independence Ave., SW: 
Washington, DC 20201: 

Date: January 29, 2009: 

To: Barbara Pisaro Clark: 
Acting Assistant Secretary for Legislation: 
Office of the Secretary: 

From: [Signed by] Charlene M. Frizzera: 
Acting Administrator: 

Subject: Government Accountability Office (GAO) Draft Report: 
"Nonprescription Drugs: Considerations Regarding a Behind-the-Counter 
Drug Class' (GAO-09-245): 

Thank you for the opportunity to review and comment on the GAO's draft 
report entitled, "Nonprescription Drugs: Considerations Regarding a 
Behind-the-Counter Drug Class." The Centers for Medicate & Medicaid 
Services (CMS) agrees with GAO's finding that cost-related issues would 
have to he addressed before implementation of a behind-the-counter 
(BTC) drug class. We also offer these specific comments: 

1. The CMS recommends GAO include some discussion about statutory 
authority to provide reimbursement under Medicare Part D for a 
potential BTC class. The statutory definition of "covered part D drug" 
includes drugs that may be dispensed only upon a prescription. CMS 
currently interprets the phrase "dispensed only upon a prescription. to 
mean a drug that is recognized by the Food and Drug Administration 
(FDA) as a prescribed drug requiring "Rx only" on the label as set 
forth in section 503(h)(4) of the Federal Food Drug and Cosmetic Act. 
Depending upon FDA implementation of a BTC provision. a BTC drug class 
may not meet the existing statutory definition and subsequently would 
not be covered under Part D. Lack of Medicare payment for BTC drugs may 
result in a shift by Medicare beneficiaries to alternative and more 
costly prescription drugs. which could, in turn, result in additional 
Federal expenditures. As a result. we believe GAO should address the 
potential lack of Medicare Part D payment for a BTC class in its report 
to Congress. 

2. Page 13. footnote 14: This footnote references the Medicare 
Prescription Drug. Improvement, and Modernization Act of 2003 (MMA) in 
support of pharmacist review of individuals' drug regimens. We believe 
this may mislead the reader to thinking that the MMA requires 
pharmacists to review Medicare beneficiaries prescription drug regimens 
as a component of medication therapy management (MTM) under Part D. The 
MMA only specified that licensed pharmacists and physicians he involved 
in the development of Part D sponsors' MTM programs. not that they 
provide any corresponding interventions. Given the larger body of 
evidence supporting pharmacists' efforts in this area, we believe this 
reference to the MMA should be deleted and replaced with current 
pharmacy practice literature. 

3. Page 17, footnote 20: This footnote references the MMA in support of 
paving pharmacists 80 percent of the physician reimbursement rate. 
While the MMA required Part D sponsors to implement MTM programs, the 
Part D program does not establish any payment schedules for either 
physicians or pharmacists performing MTM. Thus. we recommend the first 
and second sentence of this footnote be deleted. 

We appreciate the effort that went into this report. Again, we thank 
you for the opportunity to review and comment. 

[End of section] 

Appendix V: GAO Contact and Staff Acknowledgments: 

GAO Contact: 

Marcia Crosse, (202) 512-7114 or crossem@gao.gov: 

Acknowledgments: 

In addition to the contact above, Thomas Conahan, Assistant Director; 
Robert Copeland; Cathy Hamann; Karen Howard; Kristen Jones; Marisa Lee; 
and Julian Klazkin made key contributions to this report. 

[End of section] 

Footnotes: 

[1] A transcript of this meeting, Behind the Counter Availability of 
Certain Drugs: Public Meeting, is available at [hyperlink, 
http://www.fda.gov/oc/op/btc/transcripts11_14_07.html]. 

[2] GAO, Nonprescription Drugs: Value of a Pharmacist-Controlled Class 
Has Yet to Be Demonstrated, [hyperlink, 
http://www.gao.gov/products/GAO/PEMD-95-12] (Washington, D.C.: Aug. 24, 
1995). 

[3] In addition to the United States, the study countries are 
Australia, Italy, the Netherlands, and the United Kingdom. We also 
describe drug classification in the European Union (EU). 

[4] The reclassification of drugs from one class to another is referred 
to as switching. 

[5] One issue that has been raised, but is beyond the scope of this 
report, is whether FDA has authority to create such a class without a 
legislative change. 

[6] In addition to the United States, in our previous report we 
examined the drug classification systems in Australia, Canada, Denmark, 
France, Germany, Italy, the Netherlands, Sweden, Switzerland, the 
United Kingdom, and the EU [hyperlink, 
http://www.gao.gov/products/GAO/PEMD-95-12], pp. 85-10). In this 
report, the study countries are Australia, Italy, the Netherlands, the 
United Kingdom, and the United States. 

[7] The World Self-Medication Industry is a federation of more than 50 
member associations representing manufacturers and distributors of 
nonprescription medicines. Methodology adapted from A. Gilbert, D. Rao, 
and N. Quintrell, "A Review of Pharmaceutical Scheduling Processes in 
Six Countries and the Effect on Consumer Access to Medicines," 
International Journal of Pharmacy Practice, vol. 14, no. 2 (2006). 

[8] Pub. L. No. 82-215, 65 Stat. 648 (1951). 

[9] Since FDA has not issued a detailed BTC proposal, it is unknown if 
mail-order or Internet pharmacies would be permitted to dispense BTC 
drugs. At the November 2007 public meeting, one FDA official stated 
that the specific role of the pharmacist would need to be determined. 
See FDA, Behind the Counter Availability of Certain Drugs: Public 
Meeting, p. 1. A pharmacist's intervention with a consumer might 
include reviewing drug interactions and reading and interpreting 
laboratory results. 

[10] Currently, label comprehension, self-selection, and actual use 
studies are conducted to help support a request to switch a drug from 
prescription to OTC status. For some drugs, clinical safety and 
efficacy trials are also needed. Label comprehension studies are used 
to determine whether the label clearly communicates the uses, 
directions, and warnings to diverse populations and enables the 
consumer to make appropriate judgments about self-selection. Self- 
selection studies are used to evaluate whether consumers can 
appropriately select a product based on the product label and their 
unique medical histories. Actual use studies are clinical studies 
designed to simulate the OTC use of a drug. They are meant to assess 
drug selection, compliance with labeling, and safe use of the drug. 

[11] In addition to the United States, in our previous report we 
examined the drug classification systems in Australia, Canada, Denmark, 
France, Germany, Italy, the Netherlands, Sweden, Switzerland, the 
United Kingdom, and the EU. [hyperlink, 
http://www.gao.gov/products/GAO/PEMD-95-12], 85-103. 

[12] Academics, pharmacy association officials, manufacturer 
representatives, and others presented many arguments supporting and 
opposing a BTC drug class at FDA's November 2007 public meeting. See 
FDA, Behind the Counter Availability of Certain Drugs. 

[13] VA and IHS allow some specially trained VA and IHS pharmacists to 
prescribe drugs. Additionally, according to the American College of 
Clinical Pharmacy, 44 states now allow some form of collaborative drug 
therapy management, in which pharmacists enter into collaborative 
practice agreements with physicians and other prescribers. Under these 
agreements, pharmacists can be authorized to select appropriate drug 
therapies and regimens for patients who have a confirmed diagnosis by a 
physician and adjust them on the basis of patients' responses. 

[14] Under the Medicare Prescription Drug, Improvement, and 
Modernization Act of 2003 (MMA), for example, drug plan sponsors 
participating in Medicare Part D--a voluntary insurance program for 
outpatient prescription drug benefits--must offer MTM programs to 
improve prescription drug use and outcomes among individuals with 
multiple chronic diseases and taking multiple drugs covered under Part 
D. (Individuals targeted for MTM programs must also be identified as 
likely to incur annual costs for covered Part D drugs that exceed a 
level specified by the Secretary of Health and Human Services.) See 
Pub. L. No. 108-173, § 101(a), 117 Stat. 2066, 2085-87 (2003). MTM 
services are designed to optimize therapeutic outcomes through improved 
drug use and to reduce the risk of adverse events. Examples of MTM 
services might include performing assessments of the individual's 
health status; initiating, modifying, or administering drug therapy; 
monitoring and evaluating the response to therapy; and providing verbal 
education and training designed to enhance individuals' appropriate use 
of their drugs. 

[15] Community pharmacy settings include independent, chain, mass 
merchandiser, and supermarket pharmacies. This term excludes 
pharmacists who practice in hospitals and other institutional settings. 

[16] For example, see B. A. Bunting and C. W. Cranor, "The Asheville 
Project: Long-Term Clinical, Humanistic, and Economic Outcomes of a 
Community-Based Medication Therapy Management Program for Asthma," 
Journal of the American Pharmacists Association, vol. 46, no. 2 (2006); 
T. Fera, et al., "The Diabetes Ten City Challenge: Interim Clinical and 
Humanistic Outcomes of a Multisite Community Pharmacy Diabetes Care 
Program," Journal of the American Pharmacists Association, vol. 48, no. 
2 (2008); D. G. Garrett and B. M. Bluml, "Patient Self-Management 
Program for Diabetes: First-Year Clinical, Humanistic, and Economic 
Outcomes," Journal of the American Pharmacists Association, vol. 45, 
no. 2 (2005); B. J. Isetts, et al., "Clinical and Economic Outcomes of 
Medication Therapy Management Services: The Minnesota Experience," 
Journal of the American Pharmacists Association, vol. 48, no. 2 (2008); 
and B. A. Bunting, et al., "The Asheville Project: Clinical and 
Economic Outcomes of a Community-based Long-term Medication Therapy 
Management Program for Hypertension and Dyslipidemia," Journal of the 
American Pharmacists Association, vol. 48, no. 1 (2008). 

[17] Opponents argue that if a drug is not suitable for OTC use, it 
should be available only by prescription. Consequently, they believe 
that a BTC class is inappropriate. 

[18] Although some pharmacists are engaging in expanded roles, such as 
providing MTM services or participating in collaborative practice 
agreements, some experts we interviewed do not consider these 
experiences adequate preparation for the role pharmacists would be 
expected to assume for a BTC drug class. Whereas physicians and 
prescription drug plans can initiate the provision of MTM services, BTC 
counseling would be initiated by a pharmacist. Additionally, MTM 
programs primarily focus on managing consumers' current drug therapy, 
not initiating new therapy, as pharmacists would for BTC drugs. 
Collaborative practice agreements involve physicians delegating some 
responsibilities to pharmacists, whereas a BTC drug class would give 
pharmacists independent decision-making authority. Physician- 
pharmacist interaction is also formalized through collaborative 
practice agreements, but physician involvement would likely not be a 
requirement of a BTC drug class. 

[19] For example, pharmacists participating in a diabetes care program 
in Asheville, North Carolina helped individuals set and monitor 
treatment goals, performed physical assessments, and provided physician 
referrals, as needed. Pharmacists also provided individuals with 
diabetes education training, home glucose monitor training, and 
information about adherence to their treatment regimens. Individuals in 
the study maintained clinically meaningful improvements in their levels 
of glycosylated hemoglobin--a diabetes-related indicator--over time, 
and third-party payers experienced an overall decline in mean total 
direct medical costs during each year of follow-up. Pharmacists were 
reimbursed for their services by employers' health plans. Based on the 
clinical improvements and financial savings associated with this 
diabetes management program, the participating employers made the 
program a permanent component of their health plan benefit. See C. W. 
Cranor, et al., "The Asheville Project: Long-Term Clinical and Economic 
Outcomes of a Community Pharmacy Diabetes Care Program," Journal of the 
American Pharmaceutical Association, vol. 43, no. 2 (2003). 

[20] Under MMA, plans offering Part D prescription drug coverage must 
include a MTM program for certain plan enrollees which may be provided 
by a pharmacist and may include elements to promote the appropriate use 
of medications by enrollees and adherence with prescription medication 
regimens. Pharmacists are eligible to be compensated for the services 
they provide under such plans. Pub. L. No. 108-173, 117 Stat. 2086-7 
(2003). Although MMA does not specify a payment schedule, the rate 
often used by CMS to pay for pharmacists' services under the Medicare 
program is 80 percent of the physician rate. 

[21] Additionally, lack of third-party payment for BTC drugs may result 
in a shift by consumers to alternative and more costly prescription 
drugs, which could, in turn, result in additional expenditures. 

[22] In the Netherlands, a distinction is made between pharmacies (run 
by pharmacists and able to sell all prescription and nonprescription 
medicines) and drugstores (run by druggists with less training than 
pharmacists and able to sell only some nonprescription drugs). Although 
the Netherlands has both pharmacy and drugstore classes for 
nonprescription drugs, contact with the pharmacist or druggist is not 
required. Therefore, the Netherlands does not have a BTC drug class. 

[23] Although Australia has not changed its drug classification system 
since 1995, research is currently being undertaken to determine whether 
there is benefit in retaining separate BTC and pharmacy drug classes. 
These studies were prompted by the Galbally Review, which made a number 
of recommendations related to achieving uniformity of regulations 
between Australian states, territories, and the national government 
through legislative reforms. The review noted that the goals of the BTC 
and pharmacy drug classes (e.g., ensuring that consumers have 
sufficient information for the safe and appropriate use of drugs) were 
valid but concluded that use of these restricted classes resulted in 
reduced competition and higher costs to consumers, industry, and the 
government. As a result, the review recommended that standards be 
developed to facilitate a risk-based approach to pharmacist 
intervention in the supply of drugs to individual consumers and that 
research be conducted to determine the benefits obtained from such 
pharmacist intervention. See Galbally, Rhonda, National Competition 
Review of Drugs, Poisons and Controlled Substances Legislation, Final 
Report Part A, a special report prepared at the request of the State, 
Territory, and Commonwealth governments of Australia, December 2000. A 
report on the results of this research will be presented in 2011; the 
BTC and pharmacy drug classes will be retained if the report provides 
evidence to support doing so. 

[24] The BTC drug class in the United Kingdom (called pharmacy 
medicines) has some characteristics of both the BTC and pharmacy 
classes as defined in figure 1. The United Kingdom makes these drugs 
available only in pharmacies under the supervision of a pharmacist and 
requires that they be stored behind the counter. The pharmacist 
establishes procedures so that all staff involved in the supply of 
these drugs should know when to refer a customer to the pharmacist. 
Although direct pharmacist-consumer contact is necessary for only some 
of these drugs, the requirement that pharmacists supervise the sale of 
all drugs in this class and store them behind the counter makes this 
class most similar to a BTC class. 

[25] In some cases, a switch in one country may have involved a drug 
that was not approved for use in one of the other countries or was not 
subject to regulation as a drug in another country. 

[26] Chlamydia is a sexually transmitted disease that can damage a 
woman's reproductive organs. BTC azithromycin will be available only 
after a consumer purchases a chlamydia test kit from a pharmacy, sends 
a urine sample to an approved laboratory, and receives a positive 
result. The consumer can then visit a pharmacy where the test results 
will be confirmed via computer and azithromycin will be dispensed to 
the consumer and his or her partners. 

[27] In addition to these issues, it would also have to be determined 
whether a BTC drug class could be established administratively by FDA 
or whether legislation would be necessary; however, this issue is 
beyond the scope of this report. 

[28] Australia's Quality Care Pharmacy Support Centre, a joint effort 
of the Pharmacy Guild of Australia and the University of Sydney, has 
monitored the application of practice standards in community pharmacies 
since 2002. Mystery shopping involves researchers acting as consumers 
or potential consumers in order to monitor the quality of service 
delivery. 

[29] See Pub. L. No. 101-508, § 4401(a)(3), 104 Stat. 1388, 1388-143 to 
1388-161 (1990). As a result of OBRA '90, states participating in the 
Medicaid program must require pharmacists to offer to counsel Medicaid 
beneficiaries on matters which the pharmacist, in his or her 
professional judgment, deems significant, including special directions 
for preparation and administration, common severe side effects that may 
occur, and techniques for self-monitoring drug therapy. In addition, 45 
states extended these counseling requirements to cover all individuals 
receiving prescriptions. J. C. Vivian and J. L. Fink III, "OBRA '90 at 
Sweet Sixteen: A Retrospective Review," U.S. Pharmacist, vol. 33, no. 3 
(2008). 

[30] The Accreditation Council for Pharmacy Education adopted the 
Doctor of Pharmacy degree as the sole professional practice degree 
offered by schools of pharmacy in the United States in 1997. The 
deadline for implementing the new standards for entering professional 
classes was in academic year 2000-2001, and the last student graduated 
from an accredited baccalaureate in pharmacy program in the academic 
year 2004-2005. 

[31] J. W. Spray and S. A. Parnapy, "Teaching Patient Assessment Skills 
to Doctor of Pharmacy Students: The TOPAS Study," American Journal of 
Pharmaceutical Education, vol. 71, no. 4 (2007). 

[32] The duration of the pharmacist shortage is uncertain. The supply 
of pharmacists is affected by factors such as the number of new 
graduates entering the workforce, the creation of new schools of 
pharmacy, annual hours of employment, and losses through death and 
retirement. K. K. Knapp and J. M. Cultice, "New Pharmacist Supply 
Projections: Lower Separation Rates and Increased Graduates Boost 
Supply Estimates," Journal of the American Pharmacists Association, 
vol. 47, no. 4 (2007). 

[33] BTC simvastatin is indicated to reduce the risk of a first major 
coronary event in individuals who are likely to be at moderate risk of 
such events. 

[34] See 1985 Fla. Laws ch. 85-35. 

[35] United Kingdom Department of Health, Pharmacy in England: Building 
on Strengths--Delivering the Future (Norwich, 2008). Also available 
online at [hyperlink, 
http://www.officialocuments.gov.uk/document/cm73/7341/7341.asp]  
(accessed Oct. 8, 2008). 

[36] D.B. Christensen and K.B. Farris, "Pharmaceutical Care in 
Community Pharmacies: Practice and Research in the US," The Annals of 
Pharmacotherapy, vol. 40, no. 7 (2006). Pharmacists may also have 
difficulty transferring patient information to physicians 
electronically. In a national survey, 4 percent of physicians reported 
having an extensive, fully functioning electronic health records 
system--13 percent of physicians reported having a basic system. See C. 
M. DesRoches, et al., "Electronic Health Records in Ambulatory Care--A 
National Survey of Physicians," New England Journal of Medicine, vol. 
359, no.1 (2008). 

[37] This is the most recent survey that we identified of community 
pharmacies that examined pharmacies' use of paper and electronic 
documentation systems. It is likely that the percentage of pharmacies 
using electronic documentation systems has increased since 2003. 

[38] T. Warholak-Juarez, et al., "Effect of Patient Information on the 
Quality of Pharmacists' Drug Use Review Decisions," Journal of the 
American Pharmacists Association, vol. 40, no. 4, 2000. 

[39] M. P. Mobach, "The Counter and Consultation Room Work Explored in 
the Netherlands," Pharmacy World & Science, vol. 30 (2008). 

[40] C. G. Berbatis, et al., "Enhanced Pharmacy Services, Barriers and 
Facilitators in Australia's Community Pharmacies: Australia's National 
Pharmacy Database Project," International Journal of Pharmacy Practice, 
vol. 15 (2007); and Andrew Joyce, et al., "Analysis of Primary 
Prevention Service for Cardiovascular Disease in Australia's Community 
Pharmacies," Australian and New Zealand Journal of Public Health, vol. 
31, no. 6 (2007). 

[41] Australia's Quality Care Pharmacy Program Standards require that 
community pharmacies maintain a Professional Services Area that, among 
other requirements, is easily identifiable by consumers as the area of 
the pharmacy from which therapeutic products are available and that 
will accommodate privacy and confidentiality requirements. 

[42] Regulations implementing title II of the Health Insurance 
Portability and Accountability Act of 1996, Pub. L. No. 104-191, 110 
Stat. 1936, require most health providers, including pharmacists, to 
have in place appropriate physical safeguards to protect the privacy of 
health information. See 45 C.F.R. §164.530(c)(2008). 

[43] Novartis Pharmaceuticals Corporation, "Novartis Pharmacy Benefit 
Report, Facts & Figures, 2001 ed.," (East Hanover, N.J., 2001). 

[44] J. S. Crowley, et al., "Medicaid Outpatient Prescription Drug 
Benefits: Findings from a National Survey, 2003," Kaiser Commission on 
Medicaid and the Uninsured (Washington, D.C., 2003). 

[45] Great Britain includes England, Scotland, and Wales, while the 
United Kingdom includes Great Britain and Northern Ireland. 

[46] V. Atella, et al., "Affordability of Medicines and Patients' Cost- 
Reducing Behaviour: Empirical Evidence Based on SUR Estimates from 
Italy and the UK," Applied Health Economics and Health Policy, vol. 4, 
no. 1 (2005). 

[47] D. B. Christensen and R. W. Hansen, "Characteristics of Pharmacies 
and Pharmacists Associated with the Provision of Cognitive Services in 
the Community Setting," Journal of the American Pharmaceutical 
Association, vol. 39, no. 5 (1999). 

[48] D. B. Christensen, et al., "Frequency and Characteristics of 
Cognitive Services Provided in Response to a Financial Incentive," 
Journal of the American Pharmaceutical Association, vol. 40, no. 5 
(2000). 

[49] Pharmaceutical care services were described in the survey as 
pharmacists consistently providing detailed counseling, monitoring 
outcomes, determining the appropriateness of drugs based on individual 
medical history, and consulting with physicians on prescriptions. See 
R. A. Larson, "Patients' Willingness to Pay for Pharmaceutical Care," 
Journal of the American Pharmaceutical Association, vol. 40, no. 5 
(2000). 

[50] C. W. Cranor, et al., "The Asheville Project: Long-Term Clinical 
and Economic Outcomes of a Community Pharmacy Diabetes Care Program," 
Journal of the American Pharmaceutical Association, vol. 43, no. 2 
(2003). 

[51] 21 U.S.C. § 355(c)(3)(E)(iv). 

[52] While our study defined BTC drugs as those that require the 
intervention of a pharmacist, FDA noted that there may be other models 
for providing access to these drugs. They stated that these may include 
other health care personnel (e.g., nurse practitioners or physician 
assistants) providing access to BTC drugs in various professional 
settings. 

[53] GAO, Nonprescription Drugs: Value of a Pharmacist-Controlled Class 
Has Yet to Be Demonstrated, [hyperlink, 
http://www.gao.gov/products/GAO/PEMD-95-12] (Washington, D.C.: Aug. 24, 
1995), [hyperlink, http://www.gao.gov/archive/1995/pe95012.pdf]. 

[54] In addition to the United States, the study countries are 
Australia, Italy, the Netherlands, and the United Kingdom. We also 
describe drug classification in the European Union (EU). 

[55] One issue that has been raised, but is beyond the scope of this 
report, is whether FDA has the regulatory authority to create such a 
class without a legislative change. 

[56] In addition to the United States, in our previous report we 
examined the drug classification systems in Australia, Canada, Denmark, 
France, Germany, Italy, the Netherlands, Sweden, Switzerland, the 
United Kingdom, and the EU [hyperlink, 
http://www.gao.gov/products/GAO/PEMD-95-12], 85-103). In this report, 
the study countries are Australia, Italy, the Netherlands, the United 
Kingdom, and the United States. 

[57] We did not perform the legal analysis of any laws and regulations 
of foreign jurisdictions, but relied on summaries provided by those 
jurisdictions. 

[58] For example, some prescription drugs classified in the United 
States as controlled substances cannot be refilled and have stricter 
documentation requirements than ordinary prescription drugs. 

[59] WSMI is a federation of more than 50 member associations 
representing manufacturers and distributors of nonprescription 
medicines. 

[60] Methodology adapted from A. Gilbert, D. Rao, and N. Quintrell, "A 
Review of Pharmaceutical Scheduling Processes in Six Countries and the 
Effect on Consumer Access to Medicines," International Journal of 
Pharmacy Practice, vol. 14, no. 2 (2006). 

[61] The National Drugs and Poisons Schedule Committee also determines 
the classification of agricultural, veterinary, and household 
chemicals. 

[62] Rhonda Galbally, National Competition Review of Drugs, Poisons and 
Controlled Substances Legislation, Final Report Part A, a special 
report prepared at the request of the State, Territory, and 
Commonwealth governments of Australia, December 2000, 27. 

[63] Except in Queensland and South Australia, where an unscheduled new 
drug or poison is deemed to be a prescription drug until the 
classification is determined by the National Drugs and Poisons Schedule 
Committee. 

[64] The specific circumstances are when use of the substance is 
required for medical and scientific research, or for analytical, 
teaching, or training purposes with the approval of the Australian 
government and/or state or territory health authorities. 

[65] Italy subdivides its nonprescription drugs into two categories 
based on whether they can be advertised to the public; there is no 
other difference between the two categories. 

[66] The BTC drug class in the United Kingdom (called pharmacy 
medicines) has some characteristics of both the BTC and pharmacy 
classes as defined in figure 2. The United Kingdom makes these drugs 
available only in pharmacies under the supervision of a pharmacist and 
requires that they be stored behind the counter. The pharmacist 
establishes procedures so that all staff involved in the supply of 
these drugs should know when to refer a customer to the pharmacist. 
Although direct pharmacist-consumer contact is necessary for only some 
of these drugs, the requirement that pharmacists supervise the sale of 
all drugs in this class and store them behind the counter makes this 
class most similar to a BTC class. 

[67] The Medicines Act 1968 and EU Directive 2001/83/EC. 

[68] Pub. L. No. 82-215, 65 Stat. 648 (1951). 

[69] In the EU, orphan drugs are defined as those intended for the 
diagnosis, prevention, or treatment of life-threatening or chronically 
debilitating conditions that affect no more than 5 in 10,000 people in 
the EU, or are drugs which, for economic reasons, would be unlikely to 
be developed without incentives. 

[70] On January 21, 2009, the European Commission approved orlistat (60 
mg) for nonprescription use in the EU. At the time of this report, 
nonprescription orlistat was not yet available to consumers. 

[End of section] 

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