North Carolina News: Item 2179 - Ryan Haight Online Pharmacy Consumer Protection Act Does Not Affect the Need to Comply With North Carolina Board Rules Governing Internet Pharmacy

January 1, 2009 1:01 PM

Reprinted from the January 2009 North Carolina Board of Pharmacy Newsletter.

The US Congress recently passed, and the president signed into effect, the Ryan Haight Online Pharmacy Consumer Protection Act. The Haight Act marks the federal government’s entry into the regulation of Internet-based pharmacy practice.
The Haight Act is an amendment to the federal Controlled Substances Act. Accordingly, it deals only with the provision of scheduled medications through Internet-mediated processes. Among other things, the act establishes federal requirements for “valid prescriptions” and “in-person medical evaluations.” A violation of the Haight Act is a violation of the Controlled Substances Act, which carries with it severe penalties.
 

Both the federal Controlled Substances Act generally and the Haight Act specifically make clear that their requirements are in addition to, and not in lieu of, stricter state requirements. The North Carolina Board of Pharmacy rules governing Internet pharmacies are, in several respects, stricter than those found in the Haight Act. For instance, North Carolina rules govern the provision of any prescription medication through the Internet and require that any pharmacy meeting the definition of “Internet pharmacy” be Verified Internet Pharmacy Practice Sites™ (VIPPS^®) accredited as a condition of obtaining or renewing a permit. An Internet pharmacy providing medications to North Carolina residents must comply with all North Carolina requirements in addition to those set forth in the Haight Act.