North Carolina News: Item 2162 - Internet Veterinary Pharmacies

April 1, 2008 2:41 pm

Reprinted from the April 2008 North Carolina Board of Pharmacy Newsletter.

Effective April 1, 2007, the North Carolina Board of Pharmacy implemented rules governing Internet pharmacies. Rule .1601(d) provides:
(d) In addition to all of the other requirements for issuance and renewal of a pharmacy permit imposed by statute and rules of the Board, the Board shall not issue any original or annual renewal pharmacy permit to any Internet pharmacy until the Board is satisfied that:
(1) The Internet pharmacy is certified by the National Association of Boards of Pharmacy as a Verified Internet Pharmacy Practice Site (VIPPS);
(2) The Internet pharmacy has certified the percentage of its annual business conducted via the Internet on a form required by the Board, when it applies for permit or renewal; and
(3) The Internet pharmacy has provided the Board with the names, addresses, social security numbers, phone numbers, facsimile numbers, email addresses, and titles of all principal corporate officers of the Internet pharmacy; the names, addresses, social security numbers, phone numbers, facsimile numbers, email addresses, and titles of all principal officers of any company, partnership, association, or other business entity holding any ownership interest in the Internet pharmacy; the names, addresses, social security numbers, phone numbers, facsimile numbers, email addresses, and titles of any individual holding any ownership interest in the Internet pharmacy.

This Paragraph does not relieve an out-of-state pharmacy from compliance with all provisions of 21 NCAC 46 .1607 governing out-of-state pharmacies.

An Internet pharmacy is defined by Rule .1317(17) as follows:
Internet Pharmacy
(a) A pharmacy that maintains an Internet Web site for the purpose of selling or distributing prescription drugs; or
(b) A pharmacy that uses the Internet, either itself, or through agreement with a third party, to communicate with or obtain information from patients; uses such communication or information, in whole or in part, to solicit, fill or refill prescriptions; or uses such communication or information, in whole or in part, to otherwise engage in the practice of pharmacy.

Notwithstanding Sub-items (a) and (b) above, a pharmacy shall not be deemed an Internet pharmacy if it maintains an Internet web site for the following purposes only:
(i) Mere advertisements that do not attempt to facilitate, directly or through agreement with a third party, an actual transaction involving a prescription drug;
(ii) To allow a patient to communicate a request for a refill of a legitimate prescription originally filled by the pharmacy that maintains the Internet Web site;
(iii) To allow a customer to research drug interactions and clinical pharmacology information; or
(iv) To allow a patient to send an electronic mail message to a pharmacist licensed in North Carolina.

After implementation, the Board learned that the National Association of Boards of Pharmacy does not issue the VIPPS accreditation to veterinary pharmacies. Accordingly, the Board has decided that, as a matter of enforcement discretion for 2008 renewals, an Internet veterinary pharmacy would not be expected to comply with the VIPPS accreditation provision in Rule .1601(d)(1). But an Internet veterinary pharmacy that wished to renew its license in North Carolina did have to comply with the disclosure requirements of Rule .1601(d)(2) and (d)(3). No renewal was granted absent compliance with these requirements.

Internet veterinary pharmacies must be aware, however, that the Board’s decision to overlook compliance with the VIPPS accreditation provision for 2008 renewals is not a promise, guarantee, or other representation that the pharmacy will be permitted to renew its license for 2009 on the same terms. The Board intends to study this issue in the coming months. Possible solutions include identification of an alternate certification mechanism or a decision that the risk to the public health and safety created by Internet-based veterinary pharmacies is simply too great to allow their permitting in North Carolina at all.

Pharmacists, pharmacies, veterinarians, and other stakeholders are encouraged to provide any thoughts they have on this issue to the Board.