S. 980 would amend the Controlled Substances Act to address online pharmacies.
Detailed Summary
Online Pharmacy Consumer Protection Act of 2007 - Amends the Controlled Substances Act to impose registration and reporting requirements on pharmacies that seek to deliver, distribute, or dispense by means of the Internet a controlled substance (online pharmacies).
Requires an online pharmacy to: (1) include on its website homepage a statement that it complies with the requirements of this Act; (2) comply with the requirements of state law for the licensure of pharmacies in each state in which it operates and with all applicable federal and state laws; (3) post on its homepage certain information about the owner of the website, a list of the states in which it operates and is licensed, and certain information about the location of the pharmacy, the qualifications of its pharmacist-in-charge and practitioners who provide medical consultations, and a certification of its registration; and (4) notify the Attorney General and applicable state boards of pharmacy prior to offering to sell, deliver, distribute, or dispense controlled substances over the Internet.
Prohibits an online pharmacy from selling a controlled substance over the Internet without a valid prescription.
Increases criminal penalties for certain controlled substance offenses. Imposes criminal penalties for the unlawful delivery, distribution, or dispensing of controlled substances over the Internet. Exempts from criminal penalties mere advocacy of the use of a controlled substance or pricing information without any attempt to propose or facilitate a transaction for such controlled substance.
Authorizes a state attorney general to apply for injunctions or obtain damages and other civil remedies against an online pharmacy that poses a threat to state residents.
Status of the Legislation
Latest Major Action: 9/27/2007: Senate committee/subcommittee actions. Status: Committee on the Judiciary. Date of scheduled hearing. SD-226. 10:00 a.m.
Points in Favor
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Points Against
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Visitor Comments
John Stevens
September 8, 2007, 5:17pm (report abuse)The online consultation services provide an invaluable service to chronic pain sufferers. They require medical records, physical exams, proof of prior prescriptions and never ship refills before they are due.
If they are not allowed to function, legitimate chronic pain sufferers will be forced to buy their drugs on the streets! It is a sickening and sorry state of affairs that has brought our society to a point where people are forced to break the law and face prison in order to get the medication they need to survive a relatively normal existence.
Robert
January 31, 2008, 7:20am (report abuse)"Legitimate chronic pain sufferers will be forced to buy their drugs on the streets!"
Um...have you ever heard of a prescription? As in, going to the doctor to get one?
Concerned
March 28, 2008, 3:14pm (report abuse)The fact is, most doctors are afraid to treat patients' pain due to norms of what the DEA think should be prescribed. The DEA are not medical professionals. In lieu of turning to the black market, many pain sufferers go online to consult with licensed physicians upon submitting valid medical documentation. This is not to be misconstrued as an "online pharmacy." Online pharmacies are dangerous. Legitimate services offering physicians consultations over the phone concerning valid, current, verifiable medical records are not "online pharmacies," nor are they the type of sites that Ryan Haight accessed. Unfortunately, the websites that offer legitimate physician consultations are not distinguished from the clearly illegal sites Mr. Haight visited in this bill. This will leave many, many chronic pain sufferers without recorse. The Senate needs to tackle the real problem-the undertreatment of pain.
Dana
April 4, 2008, 11:29pm (report abuse)It is not easy to obtain pain medication off the internet. You must produce current medical records, with proof of a chronic pain condition. You must also produce state issued ID. Some consultation services even require a notarized Name Affidavit to verify the identity of the patient. You have to show ID to prove you are over 21 when the package comes. Yes, several years ago there were "online pharmacies" that would send out pain pills based on an online questionaire. Trust me, these places no longer exist.
If this bill passes it will do more harm then good. What happened to Ryan happened in 2001, and we have not heard of any similar incidents since that time. I am sure a lot more kids are dying from alcohol posioning than they are from pain pills they somehow got off the internet.
Bub
August 23, 2008, 4:43am (report abuse)People with cronic pain is the one that will sufer if this bill is passed into law.The DEA is not license doctors.They already have made it inpossable to get the medicine people need.The doctors will not prescribe the way they should because of recourse from the DEA.
Cathy
September 15, 2008, 12:04am (report abuse)Witch hunting officials who have made the quality of life difficult for chronic pain patients is what created the market for online services. Taking these services away will create a larger market of street seekers which will be far more harmful then using these services.
No record online services were the companies that made obtaining narcotics easy and as mentioned above those no longer exist.
The online services that do still fill orders require valid records indicating what your chronic condition is, a valid state issued ID, answering important questions about your condition and a follow-up telephone discussion about your conditon.
There is not that face 2 face, hands on doctor-patient relationship but the time involved in these procedures take far more time that most people actually see their primary care physician in person.
I think that passing of this bill and others like it will cause many more problems than is imaginable.