Posted on Thursday, 2nd October 2008 by dcooley
The amended version passed by the House on September 23, 2008 has now passed the Senate. All that is left is the President’s signature. I have summarized and linked previous discussion on the Act and its effect on online pharmacy prescriptions below:
- Detailed Criminal Defense Analysis of Ryan Haight Act
- Pharmacy Association Erroneously Favors the Ryan Haight Act
- House Passes Ryan Haight Act
- House Energy Committee Passes Ryan Haight Act
- Internet Pharmacy Prosecution Criminal Defense Legal Issues: Part 2
- Internet Pharmacy Prosecution Criminal Defense Legal Issues: Part 1
The content on this post does not constitute legal advice and is for informational purposes only. You should not act upon the information presented on this website without seeking the advice of legal counsel. Should you wish to speak to an experienced criminal defense attorney knowledgeable in internet pharmacy, prescription, and drug law, please feel free to contact me directly.
Tags: Ryan Haight Act
Posted in DEA, Doctors, Online Consultations, Pharmacies, Ryan Haight Act, Website Owners | Comments (7)
October 3rd, 2008 at 9:13 am
You have spent a lot of time on this. Kudos. I am also an attorney. I am not as well read on this as you–is there a phase in provision? There appears to be two provisions–one is 90 days and another is 18 months. Can you speak to this? Thanks.
October 5th, 2008 at 11:21 am
MH,
The current version of the bill has an effective date of 180 days for all provisions with the exception of the telemedicine regulations.
“(1) IN GENERAL- Except as provided in paragraph (2), the amendments made by this Act shall take effect 180 days after the date of enactment of this Act.”
The telemedicine provisions have a phase in provision:
“(2) DEFINITION OF PRACTICE OF TELEMEDICINE-
(A) IN GENERAL- Until the earlier of 3 months after the date on which regulations are promulgated to carry out section 311(h) of the Controlled Substances Act, as amended by this Act, or 15 months after the date of enactment of this Act–
(i) the definition of the term ‘practice of telemedicine’ in subparagraph (B) of this paragraph shall apply for purposes of the Controlled Substances Act; and
(ii) the definition of the term ‘practice of telemedicine’ in section 102(54) of the Controlled Substances Act, as amended by this Act, shall not apply.
(B) TEMPORARY PHASE-IN OF TELEMEDICINE REGULATION- During the period specified in subparagraph (A), the term ‘practice of telemedicine’ means the practice of medicine in accordance with applicable Federal and State laws by a practitioner (as that term is defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)) (other than a pharmacist) who is at a location remote from the patient and is communicating with the patient, or health care professional who is treating the patient, using a telecommunications system referred to in section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)), if the practitioner is using an interactive telecommunications system that satisfies the requirements of section 410.78(a)(3) of title 42, Code of Federal Regulations.”
Full text of Ryan Haight Act: http://www.govtrack.us/congress/billtext.xpd?bill=h110-6353
October 7th, 2008 at 4:21 pm
Thanks so much for your reply. Wow. That language leaves a lot unknowns as to when this will be effective…sounds like the earliest is three months after regs are promulgated to implement the Act. That is anyone’s guess from what I can see…
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