The Ryan Haight Act (also known as The Ryan Haight Online Pharmacy Protection Act) is making its way through Congress on its way to the President’s desk. Almost unanimous congressional support exists for the Bill, and President Bush has previously declared his support for it in his March 2008 radio address. Thus, barring unexpected circumstances (a financial […]
Category: Online Consultations (Page 2)
The National Community Pharmacists Association (NCPA) released a statement today supporting The Ryan Haight Act. Big surprise. Notable quotes from their self-serving press release include grandiose, generalized statements such as “[t]he safety of every American is at risk if these illegal online operators are allowed to continue.” Somehow I doubt that. And, even worse, “some . […]
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, […]
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 […]
