Criminal Defense Attorney Analysis of Internet Pharmacy, Prescription, and Drug Law

News (Page 7)

The DEA’s Diversion Control website provides a list of doctors convicted or with pending trials under The Controlled Substances Act.  Unfortunately, it is nowhere near exhaustive. Moreover, the list includes offline prescription convictions.  The list, for example, also would include a local doctor who might blindly write prescriptions for his or her patients. In fact, […]

House Passes Ryan Haight Act

on September 24, 2008

The Ryan Haight Online Pharmacy Consumer Protection Act, which I discussed in my internet pharmacy and doctor criminal defense legal issues series, was passed by the House today.  The Committee amended some language, so it must be re-passed by the Senate before it heads to the President’s desk.  How soon the President views the bill is anyone’s […]

The Ryan Haight Act that I discussed in my Internet Pharmacy Criminal Defense Issues Part 2 article was unanimously passed by the House Energy and Commerce Committee last week.  Adding more fuel to my pro-criminal defense attorney argument that Congress must really think that online pharmacy prescriptions without physical examinations (or doctor-patient relationships) are currently legal, the bill will now be […]

Dr. Joyce Wong Buckley, a doctor in Watertown, NY, of New Concepts Obstetrics & Gynecology was found to be grossly negligent for writing 75,000 online pharmacy prescriptions without prior physical examinations.  Dr. Wong Buckley was paid $150,000 for her services.  According to the Watertown Daily Times: prescription drugs . . . received included Tramadol, generic […]

Michael A. Flynn, D.O, of Pennsylvania, pled guilty to conspiracy to distribute controlled substances via a number of internet pharmacy websites.  According to the DOJ’s press release, from January 1, 2007 through July 11, 2007: Flynn, as a doctor of Osteopathic Medicine, conspired and agreed with Internet website owners, pharmacy owners and others to sell […]

The DEA’s argument that online consultation services (”OCS”) are illegal under The Controlled Substances Act requires a four step analysis. The Controlled Substances Act, 21 U.S.C. 801-971, outlaws the distribution of controlled substances without a valid prescription; The Code of Federal Regulations, 21 C.F.R. 1306.04(a), states that, for a prescription to be valid, it must be issued for a […]

A state judge in Albany, NY dismissed with prejudice charges against Signature Compounding Pharmacy and its executives: Chief Executive Officer Naomi Loomis, Chief Operating Officer Robert “Stan” Loomis, head pharmacist Kenneth “Mike” Loomis and business-development director Kirk Calver.  The indictment alleged that Signature Pharmacy was at the center of an internet drug distribution scheme filling internet steroid prescriptions […]

This is the first in a series of posts outlining the major legal issues associated with internet pharmacy prosecutions.  Today, I will be outlining the typical federal distribution of a controlled substance case against online pharmacies, pharmacists, doctors, and prescription website owners (online consultation and direct prescription services, as well as no record pharmacies).  Note […]

Billy Flint East, owner of William & Mary Pharmacy, pled guilty to money laundering and the distribution of a controlled substance over the internet, allegedly filling over 5 million pills of the pain killer hydrocodone (Vicodin) with prescriptions authorized by online consultation doctors.  East agreed to serve two years in prison and forfeit vehicles and cash, […]

Tim Knettler writes an interesting article over at CheckMd.com entitled “The Perils of Internet Prescribing.”  The article mainly focuses on weeding out the safe, legit pharmacies from the bad and specifically mentions the “Ryan Haight Act.”  This proposed legislation, currently introduced in Congress, would require a physical examination (or, as Mr. Knettler puts it, a doctor-patient relationship) […]