King_Phen
October 21st, 2003, 05:51 PM
Some Internet Pharmacies have Doctors who Prescribe Substances Based on an on-line Questionnaire. Is this Legal?
Federal law requires that "A prescription for a controlled substance to be effective must be issued for a legitimate medical purpose by an individual practitioner acting in the usual course of his professional practice" (21 CFR 1306.04(a)) (http://www.deadiversion.usdoj.gov/21cfr/cfr/1306/1306_04.htm#a). Every state separately imposes the same requirement under its laws. Under Federal and state law, for a doctor to be acting in the usual course of professional practice, there must be a bona fide doctor/patient relationship.
For purposes of state law, many state authorities, with the endorsement of medical societies, consider the existence of the following four elements as an indication that a legitimate doctor/patient relationship has been established:
<UL style="FONT-FAMILY: Arial">
<LI>A patient has a medical complaint;
<LI>A medical history has been taken;
<LI>A physical examination has been performed; and </LI>[/list]
[[Page 21183]]
<UL style="FONT-FAMILY: Arial">
<LI>Some logical connection exists between the medical complaint, the medical history, the physical examination, and the drug prescribed. </LI>[/list]