Page 57 - 2012-may-jun

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57
MAY / JUN 2012
  Healthcare Journal of baton rouge
Safety Act which addresses shortcomings in our consumer drug
delivery system. Current law is based on the Federal Food, Drug
and Cosmetic Act enacted in 1938 which has not been revised to
address the internet-era. This lack of revision has allowed crimi-
nal organizations to take advantage of unsuspecting consumers
by selling fake and even dangerous drugs and drug substitutes.
The National Association of Boards of Pharmacy found that
more than 96% of sites offering prescription drugs online do so
illegally. While physical pharmacies must adhere to regulations
that ensure patient safety, web-based pharmacies rarely require
a valid prescription, operate in foreign countries, sell controlled
substances, and sell non FDA-approved drugs.
The Online Pharmacy Safety Act requires the Food and Drug
Administration to establish a comprehensive, publicly available
list of all online pharmacy websites. Consumers and providers
would have easy access to safe and secure online pharmacies. To
do this, criteria would be developed which would require phar-
macies to comply with federal and state law. The law would also
grant immunity from liability to internet companies and pay-
ment processors who refused service to online pharmacy web-
sites not listed on the official registry.
This bill also updates the Federal Food, Drug and Cosmetic
Act to define a “valid prescription” to be consistent with the defi-
nition used by federal drug enforcement personnel changed re-
cently with an amendment to the Controlled Substances Act in
the Ryan Haight Online Pharmacy Consumer Protection Act of
2008. The bill ensures that regardless of the means by which the
prescription is ordered (in person or online), a valid prescription
is always required. The Online Pharmacy Safety Act promotes
consumer welfare by ensuring that information about safe and
authentic pharmacies is easily accessible. It also aids law enforce-
ment officials by providing clear information about legitimate vs.
illegitimate organizations as well as granting the authority for
the U.S. Government to intervene against entities illegally selling
prescription medication without a legitimate prescription and/or
without a license.
These provisions would assure greater protections afforded to
patients regarding the safety of their medications. It would also
serve as a vital resource to federal and state law enforcement and
health officials who will be able tomore easily monitor illegitimate
and illegal manufacturers, suppliers, and distributors who take
advantage of lax regulation for monetary gain. Patient health and
the legitimacy of our country’s pharmaceutical supply are at stake.
By updating current law to reflect the changing of technology, the
Online Pharmacy Safety Act is a common-sense reform which as-
sures patient protections and supply chain security.
The National Association of
Boards of Pharmacy found
that more than 96% of sites
offering prescription drugs
online do so illegally.