Miami (FL) Herald
Wed, Mar. 22, 2006

Ban on Viagra urged for predators

Lawmakers want to make erectile dysfunction drugs off-limits for sexual predators.


TALLAHASSEE - Florida lawmakers want to ban the state's most egregious sexual predators from using erectile dysfunction drugs.

Under the proposal, sexual predators would face criminal charges if caught using or possessing drugs such as Viagra, Cialis and Levitra.

State Sen. Carey Baker, a Eustis Republican, said the ban would help deter crime and punish predators, just like existing Florida laws that restrict gun ownership and voting by felons after they serve their time.

''It's like giving alcohol to an alcoholic,'' said Baker, who filed the Senate version of the bill. ``If this helps reduce one crime, then it's worth it.''

The measure, which will be voted on today in Senate and House committees, was the brainchild of state Rep. Aaron Bean, a Fernandina Beach Republican who is sponsoring the House version.

It stems from a move by Florida lawmakers last year to ban Medicaid recipients from receiving state-paid Viagra, regardless of whether they are sexual offenders.

PHARMACISTS WORRIED

But the new push is causing concern among pharmacists, who don't want to be responsible for having to conduct sexual-predator checks on all customers seeking to fill prescriptions for erectile dysfunction drugs.

That task, they say, should be left to physicians who prescribe the medicine.

''If any checking needs to be done, it needs to be at the point the order is initiated -- not when the order is executed,'' said Michael Jackson, executive vice president of the Florida Pharmacy Association.

He said his agency is working with legislators to resolve some of its issues.

''We understand the needs and desires of this legislation and what it's trying to do,'' he said. ``But we're not so sure that placing pharmacists in control is something that will work.''

Baker said he understands the concerns of the pharmacists and will make sure they aren't burdened with any extra government mandates.

He said he eventually would like to see an easy-to-check database that would keep pharmacists alert to the status of a sexual predator.

If the proposal becomes law, convicted sexual predators found with the drugs will be charged with a second-degree misdemeanor -- punishable by a maximum 60-day jail term and a $500 fine.

Repeat offenders would be charged with a first-degree misdemeanor, which means as much as a year in jail and a fine up to $1,000.

ONLY PREDATORS

Baker said the bills would affect only sexual predators -- those who prey on children or commit violent sex acts -- and not the broader category of sexual offenders, which can include 18-year-olds who happened to get caught up in a relationship with under-age partners.

But critics say the measure will not prevent sexual predators from striking again.

''I don't think it will have any effect on protecting children,'' said Howard Simon, executive director of the American Civil Liberties Union of Florida. ''It's sadly more about politics.''