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Montana News: Internet Pharmacy
Reprinted from the January 2007 Montana Board of Pharmacy Newsletter.
It is illegal to purchase or sell prescription drugs over the Internet without a valid prescription from a prescriber. The following four elements are useful in determining the validity of a prescription and/or a doctor-patient relationship:
A patient has a medical complaint
A medical history has been taken
A physical examination has been performed
Some logical connection exists between the medical complaint, the medical history, the examination, and the drug prescribed
A patient completing a questionnaire that is reviewed by a physician working on behalf of an Internet pharmacy does not constitute a bona fide doctor-patient relationship, and any prescriptions generated as a result of the questionnaire are not valid. This type of activity by Internet pharmacies can subject the site and participating pharmacists and physicians to criminal, civil, or administrative penalties. Additionally, if controlled substances (CS) are involved, federal and state penalties may be imposed. This is not intended to limit the ability of practitioners to engage in telemedicine, which utilizes telecommunication networks to transmit and receive health care information including voice, images, and patient records.
The National Association of Boards of Pharmacy® (NABP®) has developed a voluntary program called Verified Internet Pharmacy Practice Sites™ (VIPPS®). NABP issues a VIPPS seal of approval to Internet pharmacies that meet standards regarding state licensure, Drug Enforcement Administration (DEA) registration, inspection requirements, patient privacy, authentication and security of prescription orders, and patient counseling requirements. NABP also provides information on whether a pharmacy is licensed and in good standing at www.nabp.net.
Common indicators that an Internet pharmacy site is not legitimate include:
The site does not provide a physical address and/or phone number
The site does not require a prescription
The site does not ask for the name, address, and phone number of the treating physician
The site prominently advertises CS and lifestyle drugs
The site is not a participant in any insurance plans and requires that all payments be made with a credit card
Complaints regarding an Internet pharmacy site that appears to be selling non-controlled drugs illegally can be reported online to the United States Food and Drug Administration (FDA) at www.fda.gov/oc/buyonline/buyonlineform.htm. If CS are involved, the complaint should be reported to DEA, Office of Diversion Control, Drug Operations Section, Washington, DC 20537, telephone 202/307-7194, online at www.dea.gov, or to the Montana DEA office at 406/657-6020.
