Posts tagged Pharma
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
Legislators and Researchers Question Direct-to-Consumer Ads
Sep 5th
As we have discussed in prior blogs, state lawmakers throughout the country are debating increased restrictions on the pharmaceutical industry’s ability to promote its pharmaceutical products to physicians. The industry has voluntarily responded by adopting various rules, including capping the amount of money that pharmaceutical representatives can spend promoting drugs to healthcare providers.
Pharmaceutical industry analysts have noted that the industry has been focusing increased efforts on direct-to-consumer advertisements. In fact, this trend has caused increased scrutiny from the United States Congress. Some members of Congress have even introduced legislation banning all direct-to-consumer advertising during the first three years following drug approval.
Lawmakers are not the only ones scrutinizing direct-to-consumer ads. A recent study examined the effectiveness of this advertising and concluded that the billions of dollars being spent on such advertising may be having very little impact upon consumers.
To listen to a recent report regarding this research that was recently reported on NPR’s Marketplace®, please click the radio to the right.
To read the details of the PHRMA Code on Interactions with Healthcare Professionals, click here.
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