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But the industry has now evolved so that you have some large compounding pharmacies that are mass producing medications. because they are compounding pharmacies they don't face the same federal regulation and oversight as drug manufacturers. one of the things this committee is exploring is whether that needs to change, martha. martha: one of the pharmacy owners apparently was called to testify. what do the senators hone they are going to learn from him? >> yeah, necc coowner barry cadden was supposed to testify both at this hearing and also at a similar house subcommittee hearing yesterday. he...

Of attention to the duties cost my husband his life. >> as a compounding pharmacy, any cc does not same federal oversight as the drug manufacturers. members of congress are trying to determine whether regulators dropped the ball or whether their hands were tied by what the fda commissioner described as a crazy quilt of legal authority. >> what we do know that s that stronger clearer authority would enable more effective regulation of the drug compounding industry. especially when it has been evolved so significantly. >> massachusetts officials say necc when beyond the scope as a pharmacy and b...

Husband his live. >> she testified to put a human face on the case numbers we keep seeing in this outbreak, traced to the company, a bipartisan effort to determine whether the outbreak could have been prevented. we will see a debate over whether it is an isolated case best handled by the courts or whether it is a symptom of a need to beef up the f.d.a.'s ability to regulate compounding pharmacies which currently are mostly regulated by individual states. >>shepard: thank you, jonathan. and before we go, the dow is off 1.5 percent. that is ahead.

Also its three principle pharmacists, shep? >> shepard: incredible outbreak and deadly. what are they doing to keep this from happening again? >> at the state level, massachusetts has announced increased regulation of these compounding pharmacies. there are 25 of them in that state. the increased regulation will include surprise inspections. in fact, the first such inspection was carried out earlier today. a supreme court ruling found that past efforts by the fda to regulate these pharmacies at the federal level were overreaching. but with this latest outbreak claiming at least 23 lives nation...

Tragic, they are a relatively small number compared to the millions of doses of medications that americans are taking from the nation's drug manufacturers and compounding pharmacies. he says in general the process of making the drugs is very safe but that doesn't mean we can't make it safer. >>shepard: in the early going of this outbreak those in charge said if you don't have symptoms you do not need treatment s there any talk of treating people preemptively? >>jonathan: the discussions are ongoing but because the outbreak is so rare the evidence, the science behind it is still in the infancy ...