AG wants ND crackdown on online pharmacies
Janell Cole, N.D. State Capitol Bureau
Published Monday, February 09, 2009
BISMARCK — North Dakotans are getting addicted to prescription pain
killers at increasingly alarming rates, Attorney General Wayne
Stenehjem told a legislative panel Monday, and the drugs they’re taking
are often obtained over the Internet.
Stenehjem said that’s why the state needs its own law to crack down on
rogue online pharmacies that sell addictive prescription painkillers
and other drugs with bogus doctor’s prescriptions.
The Senate Human Services Committee agreed and immediately gave Senate
Bill 2218 a do-pass recommendation after a hearing.
Federal laws already prohibit Internet sales of prescription drugs
without an in-person doctor’s visit, Stenehjem said, but federal
resources are limited and federal officials may choose to investigate
or prosecute only major cases, he told the legislators.
If SB 2218 goes into law, Stenehjem’s office, Bureau of Criminal
Investigation, local state’s attorneys, police and sheriffs can
investigate and prosecute no matter what the federal government is
doing, he said.
The rogue pharmacies often have business agreements with doctors who
issue prescriptions to “patients” who submit an online questionnaire.
These doctors don’t see the patients, and, Stenehjem said, one
television news program two months ago interviewed a doctor who worked
for such a Web site and had a database of more than 32,000 “patients,”
none of whom he had ever seen in person.
The state Medical Association, state Board of Pharmacy and Board of
Medical Examiners told the legislators they support the law.
Minnesota already has a similar law named for Justin Pearson of St.
Cloud, who died of a prescription painkiller overdose after obtaining
the drugs online through a questionnaire that passed for a doctor’s
visit.
MPhA PRESS RELEASE - May 15, 2008
GOVERNOR PAWLENTY SIGNS “JUSTIN’S BILL”
Legislation Addressing Dangerous Illicit Internet Pharmacies
Roseville, Minn. – Today Minnesota Governor Tim Pawlenty signed
“Justin’s Bill.” Representative Steve Gottwalt, R-St. Cloud and Senator
John Marty, D-Roseville authored this bipartisan effort to prevent the
operation of illicit online pharmacies in Minnesota.
Chief authors Gottwalt and Marty, are joined by Sen. Tarryl Clark,
D-St. Cloud, and Reps. Tom Huntley, D-Duluth, Paul Thissen,
D-Minneapolis, Jim Abeler, R-Anoka, and Bob Dettmer, R-Forest Lake, as
co-authors. This bill passed out of both the House and Senate with
overwhelming support and was welcomed in the governor’s office.
During the 2007 session, legislation was passed that attempted to
define a legally valid prescription. This legislation stated a
prescription is not valid if it is based solely on an online
questionnaire. The bill was brought forward as a result of the
unfortunate death of a Minnesota man who obtained a prescription for a
controlled substance by filling out an online questionnaire without any
medical evaluation. After completing the questionnaire a prescription
was “written” by an out-of-state physician and subsequently filled by a
pharmacy that agreed to be a fulfillment center for the online pharmacy
site. Justin Pearson died on Christmas morning in 2006.
The new legislation was needed because illicit operators began shifting
their methods based on the changing regulatory environment. For
example, after the Minnesota law passed clarifying a prescription is
not legally valid if based solely on an online questionnaire, some
illicit sites began adding a telephone call in order to adhere to the
law, and claim a legitimate patient-prescriber relationship.
“Justin’s Bill” includes a clear definition of a legitimate
prescriber-patient relationship. This definition is critical for the
FDA and DEA’s ability to effectively assist states with enforcement.
Language specifically indicating failure to adhere to these standards
renders the prescription invalid is necessary to assist in multi-state
enforcement and would allow for federal charges to be brought.
Now, a prescription or drug-order for commonly abused prescription
drugs is not valid unless it can be established the prescription or
drug order was also based on a documented physical patient evaluation.
The new language helps clarify the prescriber-patient relationship that
enforcement officials need to stop the abuse occurring from illicit
online pharmacy sites.
According to a recent Columbia University study, 15.2 million people
age 12 and over reported abusing prescription drugs in the past year.
The report indicates a 70 percent increase from 2006 in the number of
websites that advertise or sell controlled substances, many of them
without a prescription or medical evaluation. The National Association
of Boards of Pharmacy currently certifies 14 internet pharmacies
through its Verified Internet Pharmacy Practice Sites (VIPPS) program.
This is a staggeringly small number compared to the 187 sites examined
in the study.
The Minnesota Pharmacists Association (MPhA) has been involved in the
process of crafting this new language from the beginning. Over the
summer, MPhA hosted two meetings with Rep. Gottwalt, FDA, DEA, and
other interested healthcare organizations. MPhA President Tim Gallagher
stated, “Illicit internet pharmacies pose a serious threat to the
health and welfare of our patients. As healthcare professionals we have
an absolute obligation to fight for legislation that would outlaw these
rogue internet sites. We must reestablish a personal physician-patient
relationship as the best and only legitimate source of prescriptions.”
“This law does not seek to limit legitimate online sales of
prescription drug,” stated Gottwalt. “It simply does a better job of
detailing the medical assessment necessary to support a legal, valid
prescription, giving law enforcement authorities the tool they need to
crack down on pharmacies in our state that choose to distribute
powerful prescription drugs to people who’ve done little more than fill
out an online order form.”
“MPhA applauds the bipartisan efforts of the legislature to acknowledge
this serious issue and work swiftly and diligently to ensure the
passage of this important piece of legislation. All those involved
should be proud of participating in this groundbreaking effort.
Minnesota has taken a bold stance against the dangerous, illicit online
drug trade,” stated Gallagher.
https://www.revisor.leg.state.mn.us/statutes/?id=151.37&year=2008
(link to new Minnesota statute)