DEA: The rules just changed for online pharmacies – What you need to know

New Rules Governing Internet Pharmacies Go Into Effect TODAY (MONDAY)
Regulations Implement Ryan Haight Act

PRESS RELEASE

(Washington, DC)- New Drug Enforcement Administration (DEA) regulations implementing the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 go into effect Monday, April 13. These regulations will help to prevent the illegal diversion of powerful medications that can cause harm to consumers for whom they were not intended, for the profit of those who are not licensed to handle them and who would exploit the uninformed. The Interim Final Rule was published in the Federal Register this week, and the public has 60 days from its publication to submit comments to the DEA.

The Ryan Haight Act, named for an 18-year-old who died after overdosing on a prescription painkiller he obtained on the Internet from a medical doctor he never saw, was enacted on October 15, 2008, through the joint efforts of his mother, Francine Haight, and members of Congress, with the support of the DEA.

“Now that this law has been put into force it will be harder for cyber-criminals to supply controlled substances over the Internet and easier for us to prosecute them,” said DEA Acting Administrator Michele M. Leonhart. “These regulations add important new provisions to prevent the illegal distribution of controlled substances through the Internet. Its implementation will increase Internet safety and help prevent tragedies like Ryan Haight’s death from happening again.”

The statute amends the Controlled Substances Act (CSA) by adding several new provisions to prevent the illegal distribution of controlled substances by means of the Internet, including:

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New definitions, such as “online pharmacy” and “deliver, distribute, or dispense by means of the Internet”;
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A requirement of at least one face-to-face patient medical evaluation prior to issuance of a controlled substance prescription;
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Registration requirements for online pharmacies;
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Internet pharmacy website disclosure information requirements; and
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Prescription reporting requirements for online pharmacies.

Consistent with the CSA itself, the Ryan Haight Act relates solely to controlled substances. Controlled substances are those psychoactive drugs and other substances – including narcotics, stimulants, depressants, hallucinogens, and anabolic steroids – that are placed in one of the five schedules of the CSA due to their potential for abuse and likelihood that they may cause psychological or physical dependence when abused. Controlled substances constitute only a small percentage of all pharmaceutical drugs. Approximately 10 percent of all drug prescriptions written in the United States are for controlled substances, with the remaining approximately 90 percent of prescriptions being written for non-controlled substances. The amendments to the CSA made by the Ryan Haight Act, as well as the regulations being issued here, do not apply to non-controlled substances.

Unscrupulous or “rogue” Internet pharmacies exist to profit from the sale of controlled prescription medicines to buyers who have not seen a doctor and don’t have a prescription from a registered physician. The pharmacies lack quality assurance and accountability, and their products pose a danger to buyers. They pretend to be authentic by operating websites that advertise powerful drugs with the “approval” of a “doctor” working for the drug trafficking network. Prescription medications are powerful drugs that, while lifesaving under some circumstances, can be harmful or even lethal under others, and registered physicians and pharmacists exist to advise consumers on the difference. DEA maintains a hotline for reporting suspicious Internet pharmacies. Call 1-877-792-2873 or click on the “Report Suspicious Internet Pharmacies” icon on the home page of www.deadiversion.usdoj.gov.

Like Haight, nearly one in five teenagers (19%) has used a prescription medication to get high, according to the 2008 Partnership Attitude Tracking Survey (PATS) conducted by the Partnership for a Drug-Free America. The same survey found that two in five teens believe the fallacy that prescription medicines obtained without a prescription are “much safer” to use than illegal drugs. The 2008 Monitoring the Future survey sponsored by the National Institute on Drug Abuse found that 7 of the top 10 drugs abused by high school seniors are prescription or over-the-counter medications. Prescription drugs are now as common as marijuana as the gateway to recreational drug use and abuse by teenagers.

For more information clarifying these new regulations or for information on how to submit written or electronic comments about them within the 60-day comment period, go to www.deadiversion.usdoj.gov. For more information on Ryan Haight, go to www.familieschangingamerica.org/board-story-ryan-h.html. For general information about drugs (including prescription drugs), drug abuse and prevention, go to www.getsmartaboutdrugs.com.

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