am i going to jail?

[tehSEOmaster]

i heard about all of this stuff, and i'm very concerned that i might go to jail. i'm just a normal affiliate like eveyrone else, i build websites then promote them and link to otherpeoples order forms.


am i liable for anything? can i go to jail? im seriuosly very concerned, i have already shut down a number of my websites, and will continue to do so.


if i stop now, can they still go after me? if so, how serious would the charge be? am i going to jail??!?!

[JayB]

You know, as a good ole country boy, I may be alittle gullible in this area, but why don't the DEA, FDA, et al just ask us (OP's, affiliates, P's, D's) to stop? Don't issue vague statements via 800# extensions, send out letters to those who are offending you and putting the public in harm's way asking them to stop it. Anyone here, OP owners included, ever got a letter saying "Please stop what you're doing." Maybe I'm just trying to apply Alabama justice to the rest of the U.S., but this seems logical to me. Whenever somebody goes on Judge Judy talkin' about how their ex-girl keeps harrassing them and now is suingher for $5K for emotional distress the first thing Judge Judy asks is "Did you tell her to stop?! NO!!! So get out of my courtroom. Your case is dismissed!"

[MedMan]

Yes, you are definitely going to jail! smileys/smiley2.gif


You better shut all of your sites down right now while you still have a chance to escape!!! That goes for everyone else! smileys/smiley2.gif I will keep a lookout for everyone so no one else has to worry. Go back to your safe 9-5 jobs please!


Maybe now I can get that #1 spot on Overture for only 10 cents! Damn it! hurry up people, give it up! smileys/smiley4.gif

[tehSEOmaster]

i think they've made it clear in regards to pharmacies, and doctors... justlook at all the news. the thing that worries me is that no one really knows about affiliates, who are promoting the prescriptions. obviously we don't know we're commiting illegal activities, if you consider the promoting of someone else's illegal services illegal.


man, and i thought there had to be a law in existence for people to violate it

[artie]

tehSEOmaster wrote: heard about all of this stuff, and i'm very concerned that i might go to jail. i'm just a normal affiliate like eveyrone else, i build websites then promote them and link to otherpeoples order forms.


am i liable for anything? can i go to jail? im seriuosly very concerned, i have already shut down a number of my websites, and will continue to do so.


if i stop now, can they still go after me? if so, how serious would the charge be? am i going to jail??!?!


http://www.rxaffiliateforum.com/forum_posts.asp?TID=977& (http://www.rxaffiliateforum.com/forum_posts.asp?TID=977&PN=1) PN=1

[tehSEOmaster]

hmmm interesting thanks

[Affiliate]

I have no f**king idea what to do! Many of you either have really big balls or are blinded by the pay checks.

[MedMan]

In my case, BOTH!

[rxmary]

Well in gambling I think they call what I'm doing "Letting It Ride"....


I have stopped putting up new sites temporarily. But I won't take my sites down until I either get an email from the OP's telling me they are no longer in business, or I get notified by the Feds that what I am doing is illegal and am told to stop.


Lawmakers have been clear that they don't want to legislate the internet. Really they couldn't anyway since it is global.


I sure wish they'd go after the Meth labs and crackhouses and clear them out, get illegal drugs out of the hands of children before they go after legal drugs prescribed by licensed physicians, and sold to adults.

[tehSEOmaster]

that seems the best bet right now i guess, start to pull out of this industry while watching its future unfold

[chicago]

I am in it until I it's all over. I am not doing anything illegal (i hope) so that will not be a problem.


I was just thinking about how crazy this country is going to go when they can no longer order online. Just watch, the completly illegal non fda approved international pharmacy business is going to sky rocket (even more) because the usgov will NEVER stop that.

[MedsDirect]

The industry isn't going away, its maturing.


As the feds and lawmakers dictate the correct operating procedures that were previously not clearly defined, many OP's will nimbly adjust to a new regulated business model.


If they say physical exams are required, fine, we'll hook up with nation wide clinics to provide physical exams.


If they say particular drugs cant be filled, fine, we'll drop them.


There was a time in history when manufacturers of tincures, remedies and medications had no oversight from a regulating body, when Doctors had no laws to follow, when villiage opinion was the only factor to consider. Did Apothocaries, Pharmacies, Doctors and Patients dissapear do to regulation? No, they matured, and now flourish.


It's part of commerce and society, we'll get through it.

[Affiliate]

Tell that to the DEA.

[MedsDirect]

It's maturing because of the DEA. On their own site they praise drugstore.com


There are accepted business models, they are just starting to define them.


If I owned drugstore.com and offered a private branded affiliate system would you use it?

[MedMan]

Guys, I have the greatest idea! smileys/smiley10.gif


Looking at the future of this business, it looks like physical exams are going to be mandetory right? Now, who is going to be providing all of these physical exams? Medics, Dr's? How about a service that goes door to door and does simple physical exams kind of like when the nurse preps you before the doctor sees you?


How about a service that works for these online pharmacies, charges a fee for each exam say something like $50 per exam and covers an area, sort of like AAA for patients? The patient pays for the exam and the exam is good for a certain time period, say 6 months. You see where I am going here?


After they do the physical exam, they will send the exam to a national database that is strickly controlled and assign the patient an ID number to use when ordering from any online pharmacy.


When the patient orders from an online pharmacy, they enter the ID that the examiner assigned to them on the order form and the doctor who looks at the order application can then access the database and see the patients records! They can then make an informed decision based on the exam and everything will be completely legit.


Of course, I haven't thought of everything but the rough edges could be ironed out and I think something like this could really work! What do you all think?


It would also take a little time to build up a network of licensed examiners so that the whole country is covered but this could be the wave of the future.


I would be interesed in hearing everyone's opinion and also ways to improve upon this idea. Let's hear it people!!

[daverx]

I don't think it will get shut down for good, just the rules will change like MedsDirect is referring to (and yes, I would do the drugstore.com private label thing). I don't see the harm in milking this OP bizas long as you can really, what you've already done is done.


Medman,


That's called a port-a-medic. Prescriptionconsultation.com has been doing it for a couple years. The way their service works, you pay up front for the consultation and port-a-medic visit. When they come and do the quick exam, you speak to the doctor on the phone and discuss meds. The exam is good for a year and you get 5 refills. This is what is neccessary for sites that offer compounded hydrocodone (15/80, 15/100, etc.) like cyberscriptsrx.com.


Hannity & Colmes is a big firm who does these port-a-medic visits. Ephy used to use them, but now you can send in medical records instead.


I just hope that a phone consultation and previous medical records with a clear diagnosis are enough, a lot of OP's that offer hydro and have been around for a while do business like this, hopefully that will be all that is neccessary. I've posted about this before, sites like http://www.norcoworldwide.com and http://www.youronlinedoctor.com (http://www.youronlinedoctor.com) are popular in this type of OP.


-daverx

[Nicole]

Hannity & Colmes is a big firm who does these port-a-medic visits. Ephy used to use them, but now you can send in medical records instead.





Impressive. Not only do Hannity& Colmes run this big firm but they manage to do a daily show on Fox News 5 days a week with opposing political views. Those two deserve a lot of credit.


smileys/smiley17.gif

[daverx]

smileys/smiley17.gif


Hardy har har, I meant Hooper & Holmes, not Hannity & Colmes.


From http://www.ephy.com :


"If you do not have a current exam, we have made arrangements with Hooper and Holmes', the nation's largest, to have one of their LPN's or other medical professionals available. If you need a current exam from them, please select the New Patients tab on the top on the website and follow the instructions. This exam will be done at a time and place of your convenience, typically your home or office, and they will charge $75, higher in Hawaii, Alaska and New York City. This exam will not need to be repeated for at least a year unless your medical condition dictates otherwise"


I need to get some sleep.


-daverx

[redex]

very concerned, i have already shut down a number of my websites, and will continue to do so.


Whoa Hoss! How much do you want for your domains?

[redex]

I am in it until I it's all over or I am in jail. I am not doing anything illegal (i hope) so that will not be a problem.


I think by offering the very medications that the DEA is cracking down on, we are. I just may pull all my diet and sleep meds this weekend from all my sites only offering safe meds.


My defense: I wasn't doing anything illegal, I found out the meds I was marketing were illegal, I stopped marketing those meds immediately.


I am not doing anything illegal (my opinion) but I could be guilty by association. Why take the chance. Sure alot of you only sell phent and it would cripple your business, but I am going to sacrifice those sales for freedom.

[iggy]

Seems to me the DEA, if they decide to, will issue letters simply telling affiliates that they are operating illegally and to shut down.

I am not a lawyer, but it seems highly unlikely that you will go to jail. In fact, the pharmacies that we market for may very well be operating within the current legal framework.

That being said, we have sold our websites. That does not get us "off the hook", since we have generated mega sales for EVA and a few others in the past, but it makes our case a lot stronger in the unlikely event that something was to happen.

People are really worried, not only about their business, but also about their entire lives. It would be refreshing if we could refrain from the jokes when someone asks a question as serious as "am I going to jail?"

[JayB]

Medman,


Problems with your door-to-door doctor idea:


1. It has to be a doctor, not a nurse.


2. The same doctor that examines that patient has to be the one who writes the script.


3. Not as many patients will use this service because the discretion is taken away.


4. Today's successful OP's won't accept that model. It'd have to be a new guy with lots of VC and courage. Too much work involved and not enough money smileys/smiley14.gif


J-

[rxmary]

I don't see any of the OP's dropping diet pills yet. They have a lot more to lose by selling "Illegal" meds than I do. I'll drop them when they do.

[MarketingMaster]

Me too. Go ahead everyone else, drop them. Lower my advertising costs!!!!!!!!

[redex]

Seems to me the DEA, if they decide to, will issue letters simply telling affiliates that they are operating illegally and to shut down.


Dude you are dreaming. the DEA does not send letters. They break down your door in swat gear.

[chicago]

haha,


I would suggest that all affiliates wake up by 9am to shower every week day so that when you are being taken off in cuffs you have clean clothes on. Make sure you arent wearing anything too stylish either, because you know in jail they will like that. smileys/smiley2.gif

[iggy]

<Dude you are dreaming. the DEA does not send letters.>

Actually, in more than one recent article it was stated that the dea had warned sites that they were operating illegally.

here's one quote; "Kilmer said that since February federal officials had been warning Vincent Chhabra, one of the owners of RxNetwork, that he was violating DEA regulations and that ''he basically chose to disregard'' the DEA's statements."

another said that when the when the "owners of an online pharmacy were notified by the dea" that what they were doing was illegal, they shut down.

That would be pretty weird if the dea came to some affiliate marketers house with swat gear on only to find one guy with a bathrobe on with 0 drugs smileys/smiley1.gif

you are worried about the dea breaking down your door, but you promote hydro?

[redex]

I don't, it came as part of a set. smileys/smiley4.gif

[chicago]

the dea is not breaking down anyones door. I'll admit I was worried at one point but I realized that I was just being crazy.

[redex]

At least they are't ripping web servers out of racks like the IRS does.

[RxRob]

I'm ready. I got my head shaved, so I canjoin the Arian Nation (?) once I'm on "the inside". This way I won't be gettin' it from behind from some big black guy named Buba. smileys/smiley2.gif


J/K Actually, I spent three months in the county jail on work release and it was the most difficult thing I ever had to do. I couldn't do hard time in a real prison. I would rather be shot and killed than taken to prison.

[redex]

Hot off the press. Too bad you missed the live chat. May I present to you the Honorable Mr William Hubbard, Associate Commissioner for Policy and Planning, FDA






http://discuss.washingtonpost.com/wp-srv/zforum/03/sp_metro_ (http://discuss.washingtonpost.com/wp-srv/zforum/03/sp_metro_hubbard102403.htm) hubbard102403.htm

[redex]

The conversation was looking good since it was all foreign pharmacies until:


Bethesda, Md.: Is it true that many doctors are working for illegal drug companies and give people prescriptions too easily?


William Hubbard: There is substantial evidence that many of these Web sites employ physicians who serve essentially as a "pen machine" by writing prescriptions without truly diagnosing the patient's condition.

[rxmary]

Licensed Internet pharmacies are both safe and provide a valuable service. However, there are many unlicensed Internet pharmacies that pose a health risk to patients.


ok, so I wish someone would expand on this....

[redex]

Telemedicine is a legal and beneficial medical service and state and federal regulators are careful not to interfere with appropriate telemedicine practices.

[rxmary]

Rockville, Md: As long as there is a demand for cheaper drugs, the supply will be there. Isn't this a lost battle already? It seems to me that the FDA is being used by U.S. pharmaceutical companies to stiffle foreign, internet-based competition and protect their profits under the guise of safety concerns (yes!). After all, how can U.S. manufactured drugs be safer when 100,000+ prescription drug induced deaths are reported every year in the U.S.?


William Hubbard: The physicians, pharmacists and other scientists at the FDA have no financial interest in the drug industry and are not successfully pressured to serve that industry's interest (That is the DEA's Job). However, the high cost of brand-name drugs in the U.S. is a major problem for the uninsured. But that is a problem that only Congress can solve.


Text in RED is mine smileys/smiley2.gif