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)). 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]
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<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]




