Posts tagged Fraud
President Signs Online Pharmacy Consumer Protection Act
Oct 17th
Last week, we explored the details of the Ryan Haight Online Pharmacy Consumer Protection Act of 2008, which was passed by the House of Representatives on September 23, 2008 and approved by the Senate on September 30, 2008. Yesterday, the President signed this bill into law.
As a quick recap, the new law proscribes the sale or distribution of any controlled substances via the Internet unless supported by a valid prescription. It also requires that a healthcare provider conduct an in-person examination of the patient in order for a prescription to be deemed valid.
Finally, the new law requires online pharmacies to provide certain disclosures on their websites, comply with all controlling state laws and provide notice to the Attorney General prior to offering to sell, deliver, distribute, or dispense controlled substances over the Internet.
For more information regarding the new law, visit: http://www.govtrack.us/congress/billtext.xpd?bill=h110-6353.
Disclaimer: The information contained within the MTBC® Learning Center is provided for general educational and informational purposes only and should not be construed as legal advice. The author of the Learning Center does not represent the Web site user or the individual submitting a particular question. Please seek the advice of legal counsel to address any specific questions you may have regarding your particular facts or circumstances
US Lawmakers Seek to Regulate Online Pharmacies
Oct 8th
Earlier this week, the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 was presented to the President for his signature.
The Ryan Haight Online Pharmacy Consumer Protection Act of 2008 is aimed at regulating the online pharmacies that have proliferated during the last five years. In particular, the Act would require each online pharmacy to do the following:
- Include a statement on its homepage that it complies with the requirements of the Ryan Haight Online Pharmacy Consumer Protection Act of 2008;
- Post information on its homepage regarding its business and operations including its legal name, address, telephone number, the qualifications of its pharmacist-in-charge, and a certification of its registration under this Act ;
- Comply with all controlling state laws regarding the licensure of pharmacies in each state in which it operates or sells controlled substances; and
- Notify the Attorney General and applicable state boards of pharmacy at least 30 days prior to offering to sell, deliver, distribute, or dispense controlled substances over the Internet.
Most importantly, the Act would prohibit online pharmacies from filling any prescriptions unless they are “valid prescriptions.” A “valid prescription” is one that is issued for a legitimate medical purpose by a licensed practitioner who has conducted at least one in-person medical evaluation of the patient.
Finally, the Act creates additional penalties for online pharmacies that do not comply with the same and gives new authority to the attorney general.
Disclaimer: The information contained within the MTBC® Learning Center is provided for general educational and informational purposes only and should not be construed as legal advice. The author of the Learning Center does not represent the Web site user or the individual submitting a particular question. Please seek the advice of legal counsel to address any specific questions you may have regarding your particular facts or circumstances
President Signs Identity Theft Enforcement and Restitution Act
Sep 26th
Earlier today, the President signed the Identity Theft Enforcement and Restitution Act, which strengthens federal law regulating the inappropriate access and use of certain data.
As explained by the House of Representatives (and quoted below), Identity Theft Enforcement and Restitution Act amends the federal criminal code to:
- Authorize criminal restitution orders in identity theft cases to compe
nsate victims for the time spent to remediate the intended or actual harm incurred; - Allow prosecution of computer fraud offenses for conduct not involving an interstate or foreign communication;
- Eliminate the requirement that damage to a victim’s computer aggregate at least $5,000 before a prosecution can be brought for unauthorized access to a computer;
- Make it a felony, during any one-year period, to damage 10 or more protected computers used by or for the federal government or a financial institution;
- Expand the definition of “cyber-extortion” to include a demand for money in relation to damage to a protected computer, where such damage was caused to facilitate the extortion;
- Prohibit conspiracies to commit computer fraud;
- Expand interstate and foreign jurisdiction for prosecution of computer fraud offenses; and
- Impose criminal and civil forfeitures of property used to commit computer fraud offenses.
Disclaimer: The information contained within the MTBC® Learning Center is provided for general educational and informational purposes only and should not be construed as legal advice. The author of the Learning Center does not represent the Web site user or the individual submitting a particular question. Please seek the advice of legal counsel to address any specific questions you may have regarding your particular facts or circumstances