Anti-malarial drug rule suit rejected again

RENO — A state judge has again rebuffed a bid by Nevada osteopaths to nullify Gov. Steve Sisolak’s emergency regulations on prescribing two anti-malarial drugs much touted for treating COVID-19 in spite of now-widespread evidence they are ineffective, and possibly dangerous.

Chief District Court Judge Scott Freeman’s ruling Wednesday turns away for the second time the state Osteopathic Medical Association’s legal effort to challenge the governor’s order. The judge ruled the osteopaths failed to show how they or any other “identifiable group of people were actually harmed by the emergency regulation.”

The drugs, chloroquine and hydroxychloroquine, have long been touted as a possible COVID-19 treatment, most visibly by President Donald Trump. Repeat studies, however, have found the drugs not effective and a possible health risk, causing heart issues in some patients. The FDA on Monday revoked its earlier emergency use authorization for the drugs, citing “emerging scientific data” and concern over “ongoing serious cardiac adverse events and other potential serious side effects”

Acting on the recommendation of the state Board of Pharmacy, the governor in March took action to prevent the two drugs from being hoarded for possible use in the treatment of COVID-19. His order prohibited the prescribing and dispensing of the drugs for a COVID-19 diagnosis outside of hospitals.

The osteopaths signaled their intent to challenge the governor’s regulation in April, saying it interfered with their rights as doctors and initially asked the governor to reconsider the regulation. They subsequently sued.

Freeman rejected their request for a restraining order in late May and held a hearing on June 9 of their request for a preliminary injunction. That request was denied in his Thursday ruling.