Citation Edit

Ryan Haight Online Pharmacy Consumer Protection Act of 2008, 21 U.S.C. §§802(50)-(56), 829(e), 841(h) (amended by Pub. L. No. 110-425, 122 Stat. 4820 (2008)).

Overview Edit

The Act amended the Controlled Substances Act (CSA) to regulate the distribution and dispensing of controlled substances on the Internet. The Act requires all entities that sell, or facilitate the sale, of controlled substances online to register and be authorized by the DEA to do so.

Entities based in foreign countries are not eligible for registration; it is illegal for consumers to import controlled substances. The Act also defines what constitutes a valid prescription for controlled substances, and requires that such a prescription be issued for controlled substances dispensed over the Internet.

The Act instituted a federal definition of a valid prescription that applies to controlled substances, such as narcotic pain relievers. The Act defines a valid prescription as one that is issued for a legitimate medical purpose in the usual course of professional practice, by a practitioner who has conducted at least one in-person medical evaluation of the patient, or a covering practitioner (who conducts a medical evaluation at the request of a temporarily unavailable practitioner who had conducted an in-person medical evaluation of the patient within the past 24 months).

Certain telemedicine practices are permitted in place of an in-person medical evaluation.[1]

References Edit

  1. 21 U.S.C. §829(e).

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