Prescribing Opioids Over the Internet
Why is it legal to sell opiates (and other prescriptions) over the Internet with no contact between patient and prescriber?
It isn't legal. Or, at least it is not legal now that a new federal law has passed. On October 15, 2008, President Bush signed into law the Ryan Haight Online Pharmacy Consumer Protection Act of 2008. This law now clearly prohibits the prescribing of controlled substances "by means of the Internet without a valid prescription." The term "valid prescription" means a prescription 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," which means an evaluation that is conducted with the patient in the physical presence of the practitioner, without regard to whether portions of the evaluation are conducted by other health professionals.
Prior to the passage of this new law, the status of Internet-based prescribing was unclear under federal law, although a number of states had imposed a requirement for face-to-face assessment of a patient before prescribing controlled substances and perhaps other drugs. This federal law clarifies prescriber responsibilities and removes any question about the legality of prescribing controlled substances based solely on the information provided in a questionnaire submitted online. It isn't legal.
Question
Why is it legal to sell opiates (and other prescriptions) over the Internet with no contact between patient and prescriber?
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Response from David B. Brushwood, RPh, JD
Professor, University of Florida College of Pharmacy, Gainesville, Florida |
It isn't legal. Or, at least it is not legal now that a new federal law has passed. On October 15, 2008, President Bush signed into law the Ryan Haight Online Pharmacy Consumer Protection Act of 2008. This law now clearly prohibits the prescribing of controlled substances "by means of the Internet without a valid prescription." The term "valid prescription" means a prescription 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," which means an evaluation that is conducted with the patient in the physical presence of the practitioner, without regard to whether portions of the evaluation are conducted by other health professionals.
Prior to the passage of this new law, the status of Internet-based prescribing was unclear under federal law, although a number of states had imposed a requirement for face-to-face assessment of a patient before prescribing controlled substances and perhaps other drugs. This federal law clarifies prescriber responsibilities and removes any question about the legality of prescribing controlled substances based solely on the information provided in a questionnaire submitted online. It isn't legal.