Legal Meeting *Updated Info*

[MedsDirect]

Hi everyone,


We are having a meeting with our legal council tomorrow morning to discuss various concerns brought up by the recent DEA actions and press.


Do any of you have specific legal questions related to this industry that you would like me to include in that conversation?


Thanks.

[iggy]

Sure,

Are affiliates who simply market for OP's, but do not take order, ship, or write scripts legally at risk?

[drugsdr]

What is the legal status of an affiliate in the following senario



1) Customer visits affiliates site

2) Customer clicks the "buy now" button for product x

3) Customer is directed to RxProcessor's website

4) Customer fills in questions and gives credit card details to RxProcessor

5) RxProcessor reviews order

6) RxProcessor accepts order and ships meds

7) Customer receives meds from RxProcessor



Because the financial transaction occurs on the RxProcessors website a
legal contract is established between the Customer and the RxProcessor
correct? Is there a legal relationship between the Customer and
the Affiliate?



If the affiliate hosts the secure shopping cart and accepts the credit
card details on their website does this change the legal status of the
relationship between the affiliate and the customer even if RxProcessor
processes the transaction?

[MedsDirect]

Alright,


We just finished an in-depth meeting with our legal team. I fielded our questions and some of yours. Based on that meeting I would like to give our understanding of the current legal implications for our industry. I am not a lawyer, and this should not be taken as professional legal advice, but we received some very direct answers.


First, there are two different types of Online Pharmacies (your upline):


Those that are marketing companies only, don't sign prescriptions, employ doctors or a pharmacist, or fill/ship prescriptions. This category of OP also does not sell or market (legally read as "involved in the trafficking of") narcotics or addictive controlled substances.


The other type of OP is the one that falls under scrutiny and prosecution by the DEA. They can be identified by the trafficking of narcotics and by direct employment or ownership of the doctors or pharmacies, or the direct prescribing or handling of any prescription medication.


Every pharmacy or web site that has been shut down has either been involved in the trafficking of narcotics or addictive controlled substances, or has circumvented doctors in the prescription process, or been directly tied to the pharmacies or doctors that end up violating the law in these areas.


We believe, based on our legal council, that an OP that meets the following criteria is operating well within the law, even taking into account recent DEA activity:


The OP is a reseller of goods, and employs no Doctors or Pharmacists in the reselling of those goods.


The OP does not attempt to make medical decisions, or carry out medical duties (granting prescriptions or filling/shipping those prescriptions)


The OP pays a fee to an independently contracted doctor who reviews the information that the OP is transferring, on behalf of the customer, to the Doctor, where that Doctor then makes a health care decision as to whether or not a prescription is granted.


The OP then forwards the prescription on the customers behalf to a pharmacy that reviews, fills and ships that prescription to the customer.


This model is a legitimate wholesale/retail operation. The doctor must insure that they are operating within the bounds of federal and state law, and carries that burden as an individual. The pharmacy does the same. Doctors and pharmacies must be aware of what medications can be prescribed and or shipped to what states and under what circumstances.


Even with all of this in place, a spunky district attorney may decide to include an affiliate website, and the OP backend provider in a law suit directed at a doctor or pharmacy who has violated the law. We feel however, that this scenario is unlikely, and very defensible, if the affiliates and OP are not trafficking in narcotics or addictive substances, and aren't filling the role of health care professionals (doctors and pharmacists).


The DEA maintains a list of controlled substances, some are addictive (like Hydrocodone and Valium) and some are not (like Phentermine) some states extend that list with additional medications that are considered controlled in their state. The Doctor and Pharmacy are chiefly responsible for following the laws pertaining to controlled substances, but websites that choose to offer them may be brought in on drug trafficking charges.


I would like to add at this point that we heavily review and advise the doctors and pharmacists that we independently contract, to insure that we are doing business with companies and individuals that we feel are ethical and responsible. We do meet and exceed the suggested qualifications listed above for a legitimate Patient Agent Service (OP reseller with no Health Care duties)


iggy, to answer your question:


It is my understanding now that affiliates who simply market for OP's, but do not take order, ship, or write scripts are not breaking the law or legally responsible (if they aren't trafficking in addictive substances or narcotics) but me be called to tr

[Affiliate]

Thank you for the info. I'm going back to direct links to e-scripts-md. $20 and 10% sounds great to me!

[iggy]

<<Don't traffic in addictive substances or narcotics.>>

there goes diet pills, sleeping and pain smileys/smiley19.gif

[RxSponsor.com]

Great information MedsDirect. This does help me feel more informed on the real issues at hand.


I'm not touching those "Addictive Drugs" EVER....

[redex]

<<Don't traffic in addictive substances or narcotics.>>

there goes diet pills, sleeping and pain smileys/smiley19.gif


Wrong (sorta) Pain pills like hydro, yes, pain pills like ultram, no.

[chicago]

ok, so what about Soma?

[MedsDirect]

Soma is not listed (if I recall correctly) on the DEA controlled substances list at the Federal level, BUT, some states list Soma as controlled. The onus is on the doctors and pharmacists to know which states, unless you make that choice independantly.

[scottdaman]

MedsDirect,


Very very good post. I respect the fact you are posting this info to those visiting this board.


I seriously hope this info is correct and DEA won't touch those that don't deal in those high risk addictivedrugs like Valium.


I've been watching this forum like a hawk and I totally agree due compensation to the admin is needed.


Actually, admin, if you read this, why don't you just post a paypal donation button? That's easy enough and can be added in your footer smileys/smiley2.gif


[edit]
Speelingf nitemarez.

[iggy]

"if they aren't trafficking in addictive substances or narcotics"

Care to expound on this. Does this mean any website that markets Phentermine is considered to have been "trafficking narcotics" in the eyes of the law?

[redex]

"if they aren't trafficking in addictive substances or narcotics"

Care to expound on this. Does this mean any website that markets Phentermine is considered to have been "trafficking narcotics" in the eyes of the law?


Are we moving too fast for ya there iggy. YES! Selling Phentermine is trafficking narcotics. Selling ambien is trafficking narcotics, selling Viagra is NOT trafficking narcotics.

[rickdavis]

You wont make much money selling the regular meds. Almost not even worth it.

[MedsDirect]

iggy, Phentermine isnt a narcotic, nor is it considered addictive (so were told by our pharmacies and lawyers) Another good point is that the DEA can drag anyone in to court, but having your legal bases covered might result in a summary judgement in that persons favor, or at least a decent chance at winning.


Phentermine is listed as a non narcotic at the federal level on the DEA list here:http://www.deadiversion.usdoj.gov/schedules/schedules.h tm under schedual III drugs. This list makes for a good rule of thumb to determine how extreme the items are classified by the DEA. Note that our pharmacy wont fill many of the items on schedule III anyway because they are considered addictive or are prone to abuse.

[iggy]

<Are we moving too fast for ya there iggy.>

Dude, easy...

I was talking more from a legal standpoint.

It is significant that an OP that sells Phentermine, Ambien, etc. is telling his affiliates that they may be criminally charged with "trafficking narcotics".

Narcotics trafficking seems to me would be a pretty stiff charge (jail time) considering doctors are writing prescriptions...

[kaylowe]

Aaron, check your info. Phentermine is a schedule 4 substance. Pretty low on the heirarchy, but still a controlled substance. On the same schedule (unless it's changed) is valium.





Kay

[MedsDirect]

iggy,


I'm following with your point on legal classifications. (I'm no lawyer though)


We dont actually sell Ambien, though we do currently sell Phentermine, so long as the DEA continues to clear our pharmacy to do so, which they have.


The information I'm sharing isnt meant to be representative of our business, just an open sharing of opinions and info to our peers. We need to come together and get this industry straightened out.

[MedsDirect]

Thanks Kay, I was looking at schedule IV, just mistyped (long day)

[redex]

You wont make much money selling the regular meds. Almost not even worth it.


L-O-f**king-L


That is the funniest statement I have ever heard, I have a fistful of ADs, fellow Affiliates and the like that can vouch that I only sell "regular meds" I can count the phent and ambien orders I get in a week on one hand and one foot. I do make much money at it too, BTW.

[Shark Attack]

Redex - That is very reassuring to hear. I'm sitting here making bundles on Phentermine and will watch this forum very carefully to know at what stage I should drop this drug.