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Buying Prescription Drugs in Mexico


arrow graphicFDA Traveler Alert
Importation of Prescription Medicines/Drugs


To avoid travel delays and to prevent possible harm from taking unsafe or ineffective medications, residents and visitors upon arrival to or departure from the U.S. should keep in mind the following precautions:

Do not assume that medications which are legal in foreign countries are also approved for use in the United States. These products may be illegal and may include addictive and dangerous substances;

Be aware that the labeled uses (conditions for which the product is represented to be effective) for a product purchased outside the U.S. may not be approved in the United States;

It can be dangerous to take some medications without medical supervision. The reason why some medications are limited to prescription use in the United States is that either they are unsafe without medical supervision or a medical diagnosis is required to ensure that the medication is appropriate for your condition;

Avoid purchasing any drug products that are not approved for sale in the U.S. (including foreign-manufactured versions of U.S. approved drugs). FDA cannot assure that these products conform to the manufacturing and quality assurance procedures mandated by U.S. laws and regulations and, therefore, these products may be unsafe. In addition, such products are illegal in the U.S. and, therefore, may be subject to entry refusal;

Some medications which may appear to be U.S. approved drug products may in fact be counterfeit versions of such products. (The term "counterfeit drug" is defined as "a drug which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, or device, or any likeness thereof, of a drug manufacturer, processor, packer, or distributor other than the person or persons who in fact manufactured, processed, packed, or distributed such drug and which thereby falsely purports or is represented to be the product of, or to have been packed or distributed by, such other drug manufacturer, processor, packer, or distributor." See 21 U.S.C. 321(g)(2));

In the event you develop complications from using a medication which require medical attention, your treatment could be delayed or made more difficult unless there is sufficient information available about the product, such as the generic name of the product, dosage form and strength, and how often you need to take the product.
Possession of certain medications without a prescription from a physician licensed in the United States may violate Federal, State, and/or local laws;

It is important to have medications in the originally-dispensed container;

FDA's personal importation guidance provides that when bringing unapproved drugs into the U.S. for use in treating serious or life threatening illnesses, such products should be used under the care and supervision of a U.S. licensed physician. It is advisable to make available for examination by U.S. Customs Inspectors or other appropriate government authorities appropriate documentation of such monitoring;

It is against the law not to properly declare imported medications to U.S. Customs.
When the type of drug, the quantity, or the combination of various drugs arouse suspicions, U.S. Customs Inspectors will ordinarily contact the nearest FDA or DEA office for advice and will then make a final determination about whether to release or detain the article. (See 19 U.S.C. 1499).
In addition to federal requirements, individual States may have additional requirements covering prescription (Rx) or controlled medications. Travelers should check with State authorities, where they reside or are traveling, to verify that a particular prescription does in fact comply with State regulations. In many areas, the local police department and pharmacies can provide additional information.

For more detailed information on FDA's personal importation guidance, contact your local FDA office, or check out FDA's Internet Web site.

http://www.fda.gov/ora/compliance_ref/rpm_new2/ch9pers.html

 

arrow graphicDo's and Don'ts When Seeking Medication Out of The United States

by Walter J. Nieri, M.D.
Program Director
Sun Health/St. Joseph's Geriatric Fellowship Program
Sun City

1. Check to see if it's okay with your primary care physician. Give them the reason i.e., it's too expensive in the U.S.

2. Stick to brand name drugs. Avoid obtaining generic drugs outside of the United States since they may be of inferior quality and you can usually obtain them in the U.S. at a lower cost than the brand drug.

3. Avoid getting homeopathic combinations - may be toxic or result in a drug drug interaction with other medications that you are taking.

4. When returning to the states, review the medications with your Primary Care Physician to make sure you received the correct medications.

5. Continually review all the medications you are taking, including over-the-counter medications, with your physician.

6. If you are not feeling well, ask if the medications could be contributing to the way you feel.

7. If you are taking a large number of medications, ask if there are any that may no longer be needed.

arrow graphic Check List

by David "El Codo" Eidell

Consult with your doctor first
Talk to your doctor to get his or her permission to purchase medications in Mexico. Let your doctor know exactly what drugs you're interested in buying. If your doctor raises concerns, reconsider your decision.
If you buy drugs your doctor is not aware of, let him or her know when you return.

Make sure you get the correct medications
Before you go, ask your pharmacist for a package insert for each prescription drug you're intent on buying in Mexico. Take the insert with you to Mexico. Clerks at Mexican pharmacies can use the insert to make sure you're getting the right medication.
Don't rely on the advice of the person behind the counter at a Mexican pharmacy, unless he or she is a licensed pharmacist. For example, some Mexican pharmacies sell a generic Viagria for about five dollars a pill. The product is an herbal supplement. There is no generic Viagra.
Also, check the expiration date to make sure the medication isn't expired.

Paying for your Prescription
Check prices at difference pharmacies before paying for your medication. You may find it cheaper to buy at a store just around the corner.
All border pharmacies accept American money. Prices are usually listed in both pesos (Mexican currency) and dollars.
Some pharmacies also accept credit cards.

Mexican and American Prescription needed for controlled substances
If you are buying a controlled substance such as pain killers or sleeping aids, you will need a prescription from a Mexican doctor to buy it in Mexico. A pharmacy can usually put you in touch with a doctor.
If you are bringing a controlled substance back across the border into the US, you will need a valid prescription from a doctor licensed to practice in the United States. A prescription bottle with remaining refills is also permissible.

Crossing Back into the U.S.
You must declare everything you purchase in Mexico to Immigration or Custom's Service.
You are only allowed to bring back a three-months supply of prescription medication.
All prescription drugs must remain sealed. You will not be allowed to import an open container of prescription medication.
The medication also must be for yourself. You can not bring back medication for a friend, neighbor, or family member. Custom's will allow you to return the medication to Mexico for a refund.
If you have any questions about what you can, and cannot bring back, stop in the U.S. Port of Entry and ask a Custom's agent before going to Mexico.

Checklist Sources :
David "El Codo" Eidell, http://www.peoplesguide.com/1pages/chapts/health/buymed/cheapmed1.html


 

arrow graphicState Department Bureau of Consular Affairs
Travel Tips to Mexico

Legal System

Worldwide, Mexico has the highest number of arrests of Americans abroad - over 1,000 per year - and the highest prison population of U.S. citizens outside of the United States - about 450 at any one time. If you are arrested, ask permission to notify the U.S. Embassy or nearest U.S. consulate. Under international agreements and practice, you have the right to talk with an American consul. Although U.S. consuls are limited in what they can do to assist you in legal difficulties, they can monitor the status of detained U.S. citizens and make sure they are treated fairly under local laws. They will also notify your relatives or friends upon your request.

An individual is guaranteed certain rights under the Mexican constitution, but those rights differ significantly from U.S. constitutional guarantees. The Mexican judicial system is based on Roman and Napoleonic law and presumes a person accused of a crime to be guilty until proven innocent. There is no trial by jury nor writ of habeas corpus in the Anglo-American sense. Trial under the Mexican system is a prolonged process based largely on documents examined on a fixed date in court by prosecution and defense counsel. Sentencing usually takes 6 to 10 months. Bail can be granted after sentencing if the sentence is less than 5 years. Pre-trial bail exists but is never granted when the possible sentence upon conviction is greater than 5 years.

 

Avoding Legal Problems

While traveling in Mexico, you are subject to Mexican laws and not U.S. laws. Tourists who commit illegal acts have no special privileges and are subject to full prosecution under the Mexican judicial system.

Avoid drug offenses. Mexico rigorously prosecutes drug cases. Under Mexican law, possession of and trafficking in illegal drugs are federal offenses. For drug trafficking, bail does not exist. Convicted offenders can expect lengthy jail sentences and fines. Sentences for possession of drugs in Mexico can be as long as 25 years plus fines. Just as in the U.S., the purchase of controlled medication requires a doctor's prescription. The Mexican list of controlled medication differs from the U.S. list and Mexican public health laws concerning controlled medication are unclear. Possession of excessive amounts of a psychotropic drug such as valium can result in your arrest if the authorities suspect abuse. Mexican law does not differentiate between types of narcotics. Heroin, marijuana, and amphetamines, for example, are treated the same. Offenders found guilty of possessing more than a token amount of any narcotic substance are subject to a minimum sentence of 10 years, and it is not uncommon for persons charged with drug offenses to be detained for up to 1 year before a verdict is reached.


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