icollect
November 4th, 2003, 02:20 PM
Great court ruling that offers webmasters immunity from prosecution!
http://wvgazette.com/section/News/2003110333 (http://wvgazette.com/section/News/2003110333)
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<TD class=showdate colSpan=2>November 04, 2003 </TD></TR>
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<TD colSpan=2>Fairmont store can continue pharmacy link to Canada
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<TD colSpan=2>By Charles Shumaker (cshumaker@wvgazette.com)
STAFF WRITER </TD></TR>
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A Fairmont business can continue helping its customers order prescription drugs from Canada despite the state Board of Pharmacy's complaints, a Kanawha County judge ruled Monday.
Kanawha Circuit Judge Duke Bloom said the business operated by Carole and Steve Becker is not a pharmacy and, therefore, not regulated by the board.
Bloom's ruling could set a national precedent, as it appears to be the first time a state pharmacy board has failed to stop an operation like the Beckers' business, said Kevin Outterson, a law professor at West Virginia University.
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The Beckers filed suit in Kanawha Circuit Court after the state Board of Pharmacy alleged they were advertising the business as a pharmacy. The board told them to stop operating and threatened enforcement if the board's order was ignored.
"Discount Prescription Center does not dispense, retail or compound prescription drugs or prescription devices and, thus, is not a `pharmacy' as defined by [state law]," Bloom said.
Bloom did have some concern over the name of the business, which he said has the potential to confuse or mislead the public.
Steve Becker said he would change the name as soon as possible.
During a court hearing early last month, Carole Becker explained the operation. Becker said she directs people to Internet Web sites for Canadian pharmacies and helps them send in their orders.
Becker said her customers are usually poor, elderly or computer illiterate. Most spend half of their income on drugs.
The Beckers said they do not provide any medical advice and do not stock drugs or dispense drugs from their locations. The company's services net about $500 per month, Carole Becker told Bloom during the hearing.
Since that hearing, Steve Becker said the business has picked up customers and similar locations will be opening soon in Charleston and Vienna, Wood County.
A Charleston location will be run out of the existing Music Mania in the Kanawha Mall, Steve Becker said.
Though he hadn't read Bloom's ruling Monday evening, Steve Becker said he was encouraged by the news.
"The point is that everyone is suffering tremendously under the burden of these drug prices," Steve Becker said. "I mean, we're happy. I think it's the right ruling and the only possible ruling."
Becker said he would continue to monitor the federal government's involvement in cases of foreign prescription services. A court case in Oklahoma is pending before a federal judge there. A decision in that case could dictate the federal government's enforcement role in such cases.
Bob Bastress, the Beckers' lawyer and a law professor at West Virginia University, said the Beckers haven't been contacted by the federal government regarding their storefront in Marion County</TD></TR></T></TABLE>
http://wvgazette.com/section/News/2003110333 (http://wvgazette.com/section/News/2003110333)
<TABLE cellSpacing=0 cellPadding=3 width=620 align=center>
<T>
<TR>
<TD class=showdate colSpan=2>November 04, 2003 </TD></TR>
<TR>
<TD colSpan=2>Fairmont store can continue pharmacy link to Canada
</TD></TR>
<TR>
<TD colSpan=2>By Charles Shumaker (cshumaker@wvgazette.com)
STAFF WRITER </TD></TR>
<TR>
<TD vAlign=top>
A Fairmont business can continue helping its customers order prescription drugs from Canada despite the state Board of Pharmacy's complaints, a Kanawha County judge ruled Monday.
Kanawha Circuit Judge Duke Bloom said the business operated by Carole and Steve Becker is not a pharmacy and, therefore, not regulated by the board.
Bloom's ruling could set a national precedent, as it appears to be the first time a state pharmacy board has failed to stop an operation like the Beckers' business, said Kevin Outterson, a law professor at West Virginia University.
<TABLE align=right>
<T></T></TABLE>
The Beckers filed suit in Kanawha Circuit Court after the state Board of Pharmacy alleged they were advertising the business as a pharmacy. The board told them to stop operating and threatened enforcement if the board's order was ignored.
"Discount Prescription Center does not dispense, retail or compound prescription drugs or prescription devices and, thus, is not a `pharmacy' as defined by [state law]," Bloom said.
Bloom did have some concern over the name of the business, which he said has the potential to confuse or mislead the public.
Steve Becker said he would change the name as soon as possible.
During a court hearing early last month, Carole Becker explained the operation. Becker said she directs people to Internet Web sites for Canadian pharmacies and helps them send in their orders.
Becker said her customers are usually poor, elderly or computer illiterate. Most spend half of their income on drugs.
The Beckers said they do not provide any medical advice and do not stock drugs or dispense drugs from their locations. The company's services net about $500 per month, Carole Becker told Bloom during the hearing.
Since that hearing, Steve Becker said the business has picked up customers and similar locations will be opening soon in Charleston and Vienna, Wood County.
A Charleston location will be run out of the existing Music Mania in the Kanawha Mall, Steve Becker said.
Though he hadn't read Bloom's ruling Monday evening, Steve Becker said he was encouraged by the news.
"The point is that everyone is suffering tremendously under the burden of these drug prices," Steve Becker said. "I mean, we're happy. I think it's the right ruling and the only possible ruling."
Becker said he would continue to monitor the federal government's involvement in cases of foreign prescription services. A court case in Oklahoma is pending before a federal judge there. A decision in that case could dictate the federal government's enforcement role in such cases.
Bob Bastress, the Beckers' lawyer and a law professor at West Virginia University, said the Beckers haven't been contacted by the federal government regarding their storefront in Marion County</TD></TR></T></TABLE>