After an administrative hearing last December, an administrative judge revoked the licenses of Hogan’s Pharmacy owners, Mark and Jolane Poindexter, and pharmacist Rick Kloxin for their involvement with an internet pharmacy. According to the Hutchinson News:
The judge determined that [they] . . . essentially were running two different businesses out of Hogan’s Pharmacy in Lyons. The “front” of the store was considered a traditional pharmacy, and the “back” of the store was an “Internet pharmacy.” The Internet pharmacy was reserved for filling prescriptions received over the Internet.
The Poindexters and Kloxin were allegedly filling prescriptions received from RxLimited and Mypharmacy.com, in which doctors approved prescriptions based only upon online questionnaires.
In a previous blog entry on this case, I noted that a very similar Ryan Haight Act esque argument was available to these individuals:
One of the interesting things that came out in the hearing is that the Board of Pharmacy has proposed legislation that will deal specifically with Internet pharmacies, but the rules that were in effect at the time Hogan’s was operating don’t speak specifically to that.
I will soon review the administrative decision to determine if the administrative judge considered this issue at all. As I have exhaustively discussed on the federal level, the very fact that the Ryan Haight Act, which seeks to outlaw “prescriptions” without face to face consultations, was enacted should be an extensive subject of a Motion to Dismiss in pre-Ryan Haight Act online pharmacy prosecutions.
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 lawyer knowledgeable in prescription, drug and internet pharmacy law, including the Controlled Substances Act, the Ryan Haight Act amendment and Federal Food, Drug and Cosmetic Act violations, please feel free to contact me directly.
Category: Pharmacy
