Pharmacies operating legitimate internet portals are encouraged to review these provisions with their legal counsel in order to ensure continuing compliance with the law.

On September 30, 2008, the Senate approved the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 in a bid to clamp down on the illegal sale, abuse and trafficking of prescription drugs over the internet. The House bill (H.R. 6353) had already passed the House of Representatives on September 23, 2008. Having passed in identical form in both the House and Senate, this bill now awaits the signature of the president before becoming law.

Generally, the law would require a valid prescription for the purchase or distribution of any prescription drug over the internet, issued by a prescribing physician or other qualified professional who personally has examined the patient. Notably, it would exempt remote-site pharmacies that operate under approved telemedicine procedures. Additional measures are also envisioned in the bill and are summarized as follows:

  • Amends the Controlled Substances Act to prohibit the delivery, distribution or dispensing of controlled substances over the internet without a valid prescription; exempts telemedicine practitioners
  • Defines "valid prescription" as a prescription that is issued for a legitimate purpose by a practitioner who has conducted at least one in-person medical evaluation of the patient
  • Adds definitions to the Controlled Substances Act relating to online pharmacies and the issuance of prescriptions over the internet
  • Imposes registration and reporting requirements on online pharmacies
  • Requires an online pharmacy to: (1) display on its internet homepage a statement that it complies with the requirements of the Ryan Haight Online Pharmacy Consumer Protection Act (Act); (2) comply with state laws for the licensure of pharmacies in each state in which it operates or sells controlled substances; (3) post on its internet homepage specified information, including the name, address and telephone number of the pharmacy, the qualifications of its pharmacist-in-charge and a certification of its registration under this Act; and (4) notify the attorney general and applicable state boards of pharmacy at least 30 days prior to offering to sell, deliver, distribute or dispense controlled substances over the internet.
  • Authorizes the attorney general to issue a special registration under this Act for telemedicine practitioners
  • Increases criminal penalties involving controlled substances in Schedules III, IV and V of the Controlled Substances Act
  • Authorizes states to apply for injunctions or obtain damages and other civil remedies against online pharmacies that are deemed a threat to state residents

Pharmacies operating legitimate internet portals are encouraged to review these provisions with their legal counsel in order to ensure continuing compliance with the law.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.