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Sandles2Sidearm
01-29-2003, 09:16
Are there any legal implications when getting prescriptions online? I was recently recommended a dietary drug and was advised that I could attain a prescription and the drug phentermine through well known websites like e-pills...

I am not all that fired up about taking any supplement or anything of that nature, but it made me wonder about the legality of such practices.

Thanks in advance for your opinions and insights

Minotaur
01-29-2003, 13:26
There are issues that are raised. One being that a phsyician is prescribing medication without a physical examination of the patient.

You're interest is in Phentermine (Ionamin), a Schedule IV controlled substance. The following is straight from a recent DEA press release.

In late December 2002, DEA suspended the controlled substance registration of an internet-based pharmacy called prescriptionsonline.com (POL.com). As a result, the pharmacy must cease all controlled substances activity immediately and cannot resume operations until a final decision is rendered in this matter.

POL.com has been registered with DEA as a retail pharmacy since October 27, 1999. Since that time, it has operated an Internet Website that permitted any customer throughout the United States to log on to a Website to request a physician consultation. POL.com contracted with various physicians around the country to conduct these "consultations." The customer would complete a cursory, unverified medical history on a form that was sent to one of the physicians. These physicians did not see or examine the customer. The physician would issue a prescription, in most cases for controlled substances. POL.com would then dispense the controlled substances through the mail after a $100 doctor consultation fee had been paid.

On March 7, 2002, DEA served a Federal criminal search warrant against POL.com. Among the items seized during the execution of the search warrant were computerized controlled substance prescription records. Despite this action and the notification by the Nevada State Board of Pharmacy (NSBP) that Nevada law prohibited a pharmacy from dispensing a prescription unless the dispensing pharmacist verifies that a patient-physician relationship was established, the pharmacy continued to pursue its Internet scheme unabated. The NSBP notification explained that such a relationship would be one in which a practitioner has physically examined a patient and, as a result of the examination, has diagnosed a condition for which a given drug therapy is prescribed. Nevertheless, between March 2002 and September 2002, POL.com dispensed over 1.5 million dosage units of controlled substances, 1.25 million of which were Schedule III hydrocodone products.

Regards,

Rob

Sandles2Sidearm
04-03-2003, 16:43
what constitutes a patient-physician relationship? I had some serious tooth pain a couple of days ago and I had recently changed insurance and subsequently dentists. I called him over the weekend and he asked if I needed any pain medication.

The article you posted stated that one must have a physical examination in order to receive medication. Is my dentist in violation of any law?

I don't think so, I have been looking for some information on this topic for a while and I can't find anything statutory besides some injunctions that are inplace filed against specific people or groups.

My question, is it illegal for either the patient or the prescribing doctor to administer medicine online? All I can find is from the AMA, and they say that online prescriptions may be the wave of the future, but for now that type of practice will fall into the "legal but unethical," category.

dmclark
04-04-2003, 20:39
If your dentist gave your a controlled substance without an examination or referral of records, he is in violation. Will he be prosecuted?....no.

A licensed Dr. applies for and receives a DEA Control Number for dispensing script for controlled substances. He/She agrees to certain criteria in writing that script and if audited by a DEA Investigator, can support those issued script or is in violation of the law. DEA can withdraw the control number (which is not uncommon) and they would have to work through a hospital pharmacy.

I am not up to speed on the online issues, but I can imagine they are many, including state of origin, where actually dispensed, records required, etc. This all would have to be regulated.