DEA Records Comments About On-Line Pharma

[Anni]

Reading through the latest press release from the DEA, it would seem that 2 things are very clear,
1 the DEA is definately without a shadow of a doubt stating that online consultations resulting in a prescription for controlled substances are illegal.
2 the DEA is placing responsibility squarely on the shoulders of the Physicians and Pharmacists.
Based on this, I believe that all the Physicians and Pharmacists that are used by the OPs will stop their controlled substance activities imminently (who would want to risk their professional career?)
Surely that leaves all the OP's, including those that have stated they will continue offering controlled meds in the position where they will have to stop selling them--- at least that they will have to stop selling them with an online consultation and no physical exam?
Huge amounts of work are going to be needed in the coming days and weeks from affiliates updating their sites to exclude controlled substances and then possibly to re-include some or all of them, with a different process as eluded to by Chris Stoufflet and others...
One option of course is that as OPs stop selling the controlled substances, we start to switch links to those that do, but boy that is a massive amount of work, and may only last the day!!
Do Impact and RXmedical One etc really believe they will continue offering these meds for the forseeable? or are they looking at a very small quick hit window of opportunity as we all switch links for a day or so?
Come on OPs, give us some notice of when you expect to take action, so we can plan rather than react!!

Elizabeth Willis, Chief, Drug Operations,
DEA Office of Diversion Control
Records Comments About On-Line Pharmacies


The issue of consumers purchasing controlled substances over the Internet has serious legal and public health implications. It is a method of self-medication without the safeguards of an experienced medical diagnosis and monitoring by a trained and licensed physician. Just as we don't allow consumers to walk into a pharmacy and purchase controlled substances without a valid prescription, we don't allow this to take place on the Internet.


Many people have asked about on-line prescribing. A prescription for a controlled substance is valid only if it is written by a DEA-registered practitioner acting within the course of professional practice. This includes having an established doctor-patient relationship based upon a medical history, a physical exam and diagnosis. There must be a logical connection between the medical diagnosis and the controlled substance prescribed. A prescription written based soley upon an on-line questionnaire does not meet these requirements. It is not a valid prescription and the distribution of any controlled substance pursuant to an invalid prescription is illegal.


The responsibility for writing a valid prescription for controlled substances rests primarily upon the physician. It is his or her obligation to ensure that controlled substances are prescribed for valid medical reasons and according to state and federal regulations. However, there is [i][b]also a corresponding liability that

[RxSponsor.com]

Good post Anni.


I agree on what they are trying to do but the question remains, can they legally stop this?


We will have to see...

[Anni]

Yes, I know what you mean, but if they decide togo afterthe individual Doctors (as they seem to be implying they will) my feeling is that there won't be many Doctors who are prepared to wait out the outcome of any court cases and even less who would be willing to fight their own case. Unless they decide on a class action, but I'm not sure that's likely...

[FredB]

Damn Friday afternoon just finished updating and the molasses hits the windmill once more!

[Affiliate]

Anni, is this the first time you listen to or read the DEA statements? I posted about thisweeks ago and everyone jumped down my throat.


I have agree... it's coming to a slow end for the contolled substances. Also, I'm pretty sure most of the pharmacies the OPs use are small mom and pop store fronts.

[Anni]

Anni, is this the first time you listen to or read the DEA statements? I posted about thisweeks ago and everyone jumped down my throat.


No of course it's not the first time.... (tries and fails to remember jumping down Affiliates throat) but I, as I'm sure wereothers, was waiting and hoping for a speedy (and maybe positive) response to the court action. As this didn't happen quickly, events may well now have superceded the wait and see situation. Particularly with EVA and E-Scripts' recent actions.



I have agree... it's coming to a slow end for the contolled substances.


Probably worth changing that from slow to fast or even abrupt! smileys/smiley2.gif


What my post was really trying to do was:-


a) recognise the potential implications to us as affiliates


b) clarify some of the options open to us as affiliates


c) spur some action from the OP's to get them to start communicating with their affiliates IN ADVANCE, so that we can prepare and plan rather than guess and react.


Anni

[FredB]

Yup Anni right on the money. It is just frustrating to watch 2 years work go down the tubes and here I thought the USA was the land of freedom?

[phalaris]

I'm still waiting for the final ruling on USAp/Rxnetwork case. It was expected this week but nothing in on ityet. If rxnetwork comes out of it unharmed then we can hope to continue with OP sites for a 2-3 more months or else.... smileys/smiley19.gif


I'm not expecting any clear words of wisdom from any OP because anything they say can be used against them in legal proceedings at the later date.

[Anni]

I'm still waiting for the final ruling on USAp/Rxnetwork case. It was expected this week but nothing in on ityet. If rxnetwork comes out of it unharmed then we can hope to continue with OP sites for a 2-3 more months or else.... smileys/smiley19.gif





Yes, I think we have all been hoping this would pave a more positive path, but for me, the longer it takes, the more likely it is that the individual Physicians will run scared and refuse to write prescriptions for fear of the DEA holding them ultimately responsible.


Infact in the answer to the court from rxnetwork, they continuously make the point that they are merely filling the prescription which has been issued by a licensed physician! So even if the Pharmacy wins, the Physicians can't feel safe.


If the Physicians stop writing the prescriptions, the OP's will have no choice but to drop the meds and or find a method acceptable to the DEA.






I'm not expecting any clear words of wisdom from any OP because anything they say can be used against them in legal proceedings at the later date.





You're right of course. But isn't it a shame that we don't get any loyalty/support from them when it is thanks to us that they have made so much $$$ over the years....


Anni