HR 6353 RDS
‘‘(F) is being conducted— 
‘‘(i) in a medical emergency situation— 
‘‘(I) that prevents the patient from 
being in the physical presence of a practi-
tioner registered under section 303(f) who 
is an employee or contractor of the Vet-
erans Health Administration acting in the 
usual course of business and employment 
and within the scope of the official duties 
or contract of that employee or contractor; 
‘‘(II) that prevents the patient from 
being physically present at a hospital or 
clinic operated by the Department of Vet-
erans Affairs registered under section 
303(f); 
‘‘(III) during which the primary care 
practitioner of the patient or a practitioner 
otherwise practicing telemedicine within 
the meaning of this paragraph is unable to 
provide care or consultation; and 
‘‘(IV) that requires immediate inter-
vention by a health care practitioner using 
controlled substances to prevent what the 
practitioner reasonably believes in good 
faith will be imminent and serious clinical 
VerDate Aug 31 2005 
00:09 Oct 01, 2008
Jkt 069200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H6353.RDS
H6353
jbell on PROD1PC69 with BILLS
HR 6353 RDS
consequences, such as further injury or 
death; and 
‘‘(ii) by a practitioner that— 
‘‘(I) is an employee or contractor of 
the Veterans Health Administration acting 
within the scope of that employment or 
contract; 
‘‘(II) is registered under section 
303(f) in any State or is utilizing the reg-
istration of a hospital or clinic operated by 
the Department of Veterans Affairs reg-
istered under section 303(f); and 
‘‘(III) issues a controlled substance 
prescription in this emergency context that 
is limited to a maximum of a 5-day supply 
which may not be extended or refilled; or 
‘‘(G) is being conducted under any other cir-
cumstances that the Attorney General and the Sec-
retary have jointly, by regulation, determined to be 
consistent with effective controls against diversion 
and otherwise consistent with the public health and 
safety. 
‘‘(55) The term ‘refilling prescriptions for controlled 
substances in schedule III, IV, or V’— 
VerDate Aug 31 2005 
00:09 Oct 01, 2008
Jkt 069200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H6353.RDS
H6353
jbell on PROD1PC69 with BILLS
HR 6353 RDS
‘‘(A) means the dispensing of a controlled sub-
stance in schedule III, IV, or V in accordance with 
refill instructions issued by a practitioner as part of 
a valid prescription that meets the requirements of 
subsections (b) and (c) of section 309, as appro-
priate; and 
‘‘(B) does not include the issuance of a new 
prescription to an individual for a controlled sub-
stance that individual was previously prescribed. 
‘‘(56) The term ‘filling new prescriptions for con-
trolled substances in schedule III, IV, or V’ means filling 
a prescription for an individual for a controlled substance 
in schedule III, IV, or V, if— 
‘‘(A) the pharmacy dispensing that prescription 
has previously dispensed to the patient a controlled 
substance other than by means of the Internet and 
pursuant to the valid prescription of a practitioner 
that meets the applicable requirements of sub-
sections (b) and (c) of section 309 (in this para-
graph referred to as the ‘original prescription’); 
‘‘(B) the pharmacy contacts the practitioner 
who issued the original prescription at the request of 
that individual to determine whether the practitioner 
will authorize the issuance of a new prescription for 
VerDate Aug 31 2005 
00:09 Oct 01, 2008
Jkt 069200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H6353.RDS
H6353
jbell on PROD1PC69 with BILLS
HR 6353 RDS
that individual for the controlled substance described 
in subparagraph (A); and 
‘‘(C) the practitioner, acting in the usual course 
of professional practice, determines there is a legiti-
mate medical purpose for the issuance of the new 
prescription.’’. 
(b) REGISTRATION REQUIREMENTS.—Section 303(f) 
of the Controlled Substances Act (21 U.S.C. 823(f)) is 
amended in the matter preceding paragraph (1)— 
(1) in the first sentence, by adding after 
‘‘schedule II, III, IV, or V’’ the following: ‘‘and shall 
modify the registrations of pharmacies so registered 
to authorize them to dispense controlled substances 
by means of the Internet’’; and 
(2) in the second sentence, by striking ‘‘if he 
determines that the issuance of such registration’’ 
and inserting ‘‘or such modification of registration if 
the Attorney General determines that the issuance of 
such registration or modification’’. 
(c) REPORTING REQUIREMENTS.—Section 307(d) of 
the Controlled Substances Act (21 U.S.C. 827(d)) is 
amended by— 
(1) striking ‘‘(d) Every’’ and inserting ‘‘(d)(1) 
Every’’; and 
(2) adding at the end the following: 
VerDate Aug 31 2005 
00:09 Oct 01, 2008
Jkt 069200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H6353.RDS
H6353
jbell on PROD1PC69 with BILLS
HR 6353 RDS
‘‘(2) Each pharmacy with a modified registration 
under section 303(f) that authorizes the dispensing of con-
trolled substances by means of the Internet shall report 
to the Attorney General the controlled substances it dis-
penses, in the amount specified, and in such time and 
manner as the Attorney General by regulation shall re-
quire, except that the Attorney General, under this para-
graph, may not require any pharmacy to report any infor-
mation other than the total quantity of each controlled 
substance that the pharmacy has dispensed each month. 
For purposes of this paragraph, no reporting shall be re-
quired unless the pharmacy has met 1 of the following 
thresholds in the month for which the reporting is re-
quired: 
‘‘(A) 100 or more prescriptions dispensed. 
‘‘(B) 5,000 or more dosage units of all con-
trolled substances combined.’’. 
(d) ONLINE PRESCRIPTION REQUIREMENTS.— 
(1) IN GENERAL.—The Controlled Substances 
Act is amended by inserting after section 310 (21 
U.S.C. 830) the following: 
‘‘ADDITIONAL REQUIREMENTS RELATING TO ONLINE 
PHARMACIES AND TELEMEDICINE 
‘‘SEC. 311. (a) IN GENERAL.—An online pharmacy 
shall display in a visible and clear manner on its homepage 
a statement that it complies with the requirements of this 
VerDate Aug 31 2005 
00:09 Oct 01, 2008
Jkt 069200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H6353.RDS
H6353
jbell on PROD1PC69 with BILLS
HR 6353 RDS
section with respect to the delivery or sale or offer for sale 
of controlled substances and shall at all times display on 
the homepage of its Internet site a declaration of compli-
ance in accordance with this section. 
‘‘(b) LICENSURE.—Each online pharmacy shall com-
ply with the requirements of State law concerning the li-
censure of pharmacies in each State from which it, and 
in each State to which it, delivers, distributes, or dispenses 
or offers to deliver, distribute, or dispense controlled sub-
stances by means of the Internet, pursuant to applicable 
licensure requirements, as determined by each such State. 
‘‘(c) INTERNET PHARMACY SITE DISCLOSURE IN-
FORMATION.—Each online pharmacy shall post in a visible 
and clear manner on the homepage of each Internet site 
it operates, or on a page directly linked thereto in which 
the hyperlink is also visible and clear on the homepage, 
the following information for each pharmacy that delivers, 
distributes, or dispenses controlled substances pursuant to 
orders made on, through, or on behalf of, that website: 
‘‘(1) The name and address of the pharmacy as 
it appears on the pharmacy’s Drug Enforcement Ad-
ministration certificate of registration. 
‘‘(2) The pharmacy’s telephone number and 
email address. 
VerDate Aug 31 2005 
00:09 Oct 01, 2008
Jkt 069200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H6353.RDS
H6353
jbell on PROD1PC69 with BILLS
HR 6353 RDS
‘‘(3) The name, professional degree, and States 
of licensure of the pharmacist-in-charge, and a tele-
phone number at which the pharmacist-in-charge 
can be contacted. 
‘‘(4) A list of the States in which the pharmacy 
is licensed to dispense controlled substances. 
‘‘(5) A certification that the pharmacy is reg-
istered under this part to deliver, distribute, or dis-
pense by means of the Internet controlled sub-
stances. 
‘‘(6) The name, address, telephone number, 
professional degree, and States of licensure of any 
practitioner who has a contractual relationship to 
provide medical evaluations or issue prescriptions for 
controlled substances, through referrals from the 
website or at the request of the owner or operator 
of the website, or any employee or agent thereof. 
‘‘(7) The following statement, unless revised by 
the Attorney General by regulation: ‘This online 
pharmacy will only dispense a controlled substance 
to a person who has a valid prescription issued for 
a legitimate medical purpose based upon a medical 
relationship with a prescribing practitioner. This in-
cludes at least one prior in-person medical evalua-
VerDate Aug 31 2005 
00:09 Oct 01, 2008
Jkt 069200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H6353.RDS
H6353
jbell on PROD1PC69 with BILLS
HR 6353 RDS
tion or medical evaluation via telemedicine in accord-
ance with applicable requirements of section 309.’. 
‘‘(d) NOTIFICATION.— 
‘‘(1) IN GENERAL.—Thirty days prior to offer-
ing a controlled substance for sale, delivery, distribu-
tion, or dispensing, the online pharmacy shall notify 
the Attorney General, in such form and manner as 
the Attorney General shall determine, and the State 
boards of pharmacy in any States in which the on-
line pharmacy offers to sell, deliver, distribute, or 
dispense controlled substances. 
‘‘(2) CONTENTS.—The notification required 
under paragraph (1) shall include— 
‘‘(A) the information required to be posted 
on the online pharmacy’s Internet site under 
subsection (c) and shall notify the Attorney 
General and the applicable State boards of 
pharmacy, under penalty of perjury, that the 
information disclosed on its Internet site under 
subsection (c) is true and accurate; 
‘‘(B) the online pharmacy’s Internet site 
address and a certification that the online phar-
macy shall notify the Attorney General of any 
change in the address at least 30 days in ad-
vance; and 
VerDate Aug 31 2005 
00:09 Oct 01, 2008
Jkt 069200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H6353.RDS
H6353
jbell on PROD1PC69 with BILLS
HR 6353 RDS
‘‘(C) the Drug Enforcement Administra-
tion registration numbers of any pharmacies 
and practitioners referred to in subsection (c), 
as applicable. 
‘‘(3) EXISTING ONLINE PHARMACIES.—An on-
line pharmacy that is already operational as of the 
effective date of this section, shall notify the Attor-
ney General and applicable State boards of phar-
macy in accordance with this subsection not later 
than 30 days after such date. 
‘‘(e) DECLARATION OF COMPLIANCE.—On and after 
the date on which it makes the notification under sub-
section (d), each online pharmacy shall display on the 
homepage of its Internet site, in such form as the Attorney 
General shall by regulation require, a declaration that it 
has made such notification to the Attorney General. 
‘‘(f) REPORTS.—Any statement, declaration, notifica-
tion, or disclosure required under this section shall be con-
sidered a report required to be kept under this part. 
‘‘(g) NOTICE AND DESIGNATIONS CONCERNING IN-
DIAN TRIBES.— 
‘‘(1) IN GENERAL.—For purposes of sections 
102(52) and 512(c)(6)(B), the Secretary shall notify 
the Attorney General, at such times and in such 
manner as the Secretary and the Attorney General 
VerDate Aug 31 2005 
00:09 Oct 01, 2008
Jkt 069200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H6353.RDS
H6353
jbell on PROD1PC69 with BILLS
HR 6353 RDS
determine appropriate, of the Indian tribes or tribal 
organizations with which the Secretary has con-
tracted or compacted under the Indian Self-Deter-
mination and Education Assistance Act for the 
tribes or tribal organizations to provide pharmacy 
services. 
‘‘(2) DESIGNATIONS.— 
‘‘(A) IN
GENERAL.—The Secretary may 
designate a practitioner described in subpara-
graph (B) as an Internet Eligible Controlled 
Substances Provider. Such designations shall be 
made only in cases where the Secretary has 
found that there is a legitimate need for the 
practitioner to be so designated because the 
population served by the practitioner is in a 
sufficiently remote location that access to med-
ical services is limited. 
‘‘(B) PRACTITIONERS.—A practitioner de-
scribed in this subparagraph is a practitioner 
who is an employee or contractor of the Indian 
Health Service, or is working for an Indian 
tribe or tribal organization under its contract or 
compact under the Indian Self-Determination 
and Education Assistance Act with the Indian 
Health Service. 
VerDate Aug 31 2005 
00:09 Oct 01, 2008
Jkt 069200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H6353.RDS
H6353
jbell on PROD1PC69 with BILLS
HR 6353 RDS
‘‘(h) SPECIAL REGISTRATION FOR TELEMEDICINE.— 
‘‘(1) IN GENERAL.—The Attorney General may 
issue to a practitioner a special registration to en-
gage in the practice of telemedicine for purposes of 
section 102(54)(E) if the practitioner, upon applica-
tion for such special registration— 
‘‘(A) demonstrates a legitimate need for 
the special registration; and 
‘‘(B) is registered under section 303(f) in 
the State in which the patient will be located 
when receiving the telemedicine treatment, un-
less the practitioner— 
‘‘(i) is exempted from such registra-
tion in all States under section 302(d); or 
‘‘(ii) is an employee or contractor of 
the Department of Veterans Affairs who is 
acting in the scope of such employment or 
contract and is registered under section 
303(f) in any State or is utilizing the reg-
istration of a hospital or clinic operated by 
the Department of Veterans Affairs reg-
istered under section 303(f). 
‘‘(2) REGULATIONS.—The Attorney General 
shall, with the concurrence of the Secretary, promul-
gate regulations specifying the limited circumstances 
VerDate Aug 31 2005 
00:09 Oct 01, 2008
Jkt 069200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H6353.RDS
H6353
jbell on PROD1PC69 with BILLS
HR 6353 RDS
in which a special registration under this subsection 
may be issued and the procedures for obtaining such 
a special registration. 
‘‘(3) DENIALS.—Proceedings to deny an appli-
cation for registration under this subsection shall be 
conducted in accordance with section 304(c). 
‘‘(i) REPORTING OF TELEMEDICINE BY VHA DUR-
ING MEDICAL EMERGENCY SITUATIONS.— 
‘‘(1) IN GENERAL.—Any practitioner issuing a 
prescription for a controlled substance under the au-
thorization to conduct telemedicine during a medical 
emergency situation described in section 102(54)(F) 
shall report to the Secretary of Veterans Affairs the 
authorization of that emergency prescription, in ac-
cordance with such requirements as the Secretary of 
Veterans Affairs shall, by regulation, establish. 
‘‘(2) TO ATTORNEY GENERAL.—Not later than 
30 days after the date that a prescription described 
in subparagraph (A) is issued, the Secretary of Vet-
erans Affairs shall report to the Attorney General 
the authorization of that emergency prescription. 
‘‘(j) CLARIFICATION
CONCERNING
PRESCRIPTION 
TRANSFERS.—Any transfer between pharmacies of infor-
mation relating to a prescription for a controlled substance 
VerDate Aug 31 2005 
00:09 Oct 01, 2008
Jkt 069200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H6353.RDS
H6353
jbell on PROD1PC69 with BILLS
HR 6353 RDS
shall meet the applicable requirements under regulations 
promulgated by the Attorney General under this Act.’’. 
(2) TECHNICAL
AND
CONFORMING
AMEND-
MENTS.—The table of contents for the Comprehen-
sive Drug Abuse Prevention and Control Act of 
1970 (Public Law 91–513; 84 Stat. 1236) is amend-
ed by inserting after the item relating to section 310 
the following: 
‘‘Sec. 311. Additional requirements relating to online pharmacies and telemedi-
cine.’’. 
(e) OFFENSES
INVOLVING
CONTROLLED
SUB-
STANCES IN SCHEDULES III, IV, AND V.—Section 401(b) 
of the Controlled Substances Act (21 U.S.C. 841(b)) is 
amended— 
(1) in paragraph (1)— 
(A) in subparagraph (D), by striking ‘‘or 
in the case of any controlled substance in 
schedule III (other than gamma hydroxybutyric 
acid), or 30 milligrams of flunitrazepam’’; and 
(B) by adding at the end the following: 
‘‘(E)(i) Except as provided in subparagraphs (C) and 
(D), in the case of any controlled substance in schedule 
III, such person shall be sentenced to a term of imprison-
ment of not more than 10 years and if death or serious 
bodily injury results from the use of such substance shall 
be sentenced to a term of imprisonment of not more than 
VerDate Aug 31 2005 
00:09 Oct 01, 2008
Jkt 069200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H6353.RDS
H6353
jbell on PROD1PC69 with BILLS
HR 6353 RDS
15 years, a fine not to exceed the greater of that author-
ized in accordance with the provisions of title 18, United 
States Code, or $500,000 if the defendant is an individual 
or $2,500,000 if the defendant is other than an individual, 
or both. 
‘‘(ii) If any person commits such a violation after a 
prior conviction for a felony drug offense has become final, 
such person shall be sentenced to a term of imprisonment 
of not more than 20 years and if death or serious bodily 
injury results from the use of such substance shall be sen-
tenced to a term of imprisonment of not more than 30 
years, a fine not to exceed the greater of twice that author-
ized in accordance with the provisions of title 18, United 
States Code, or $1,000,000 if the defendant is an indi-
vidual or $5,000,000 if the defendant is other than an in-
dividual, or both. 
‘‘(iii) Any sentence imposing a term of imprisonment 
under this subparagraph shall, in the absence of such a 
prior conviction, impose a term of supervised release of 
at least 2 years in addition to such term of imprisonment 
and shall, if there was such a prior conviction, impose a 
term of supervised release of at least 4 years in addition 
to such term of imprisonment.’’; 
(2) in paragraph (2)— 
VerDate Aug 31 2005 
00:09 Oct 01, 2008
Jkt 069200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H6353.RDS
H6353
jbell on PROD1PC69 with BILLS
HR 6353 RDS
(A) by striking ‘‘3 years’’ and inserting ‘‘5 
years’’; 
(B) by striking ‘‘6 years’’ and inserting 
‘‘10 years’’; 
(C) by striking ‘‘after one or more prior 
convictions’’ and all that follows through ‘‘have 
become final,’’ and inserting ‘‘after a prior con-
viction for a felony drug offense has become 
final,’’; and 
(3) in paragraph (3)— 
(A) by striking ‘‘2 years’’ and inserting ‘‘4 
years’’; 
(B) by striking ‘‘after one or more convic-
tions’’ and all that follows through ‘‘have be-
come final,’’ and inserting ‘‘after a prior convic-
tion for a felony drug offense has become 
final,’’; and 
(C) by adding at the end the following 
‘‘Any sentence imposing a term of imprison-
ment under this paragraph may, if there was a 
prior conviction, impose a term of supervised 
release of not more than 1 year, in addition to 
such term of imprisonment.’’. 
(f) OFFENSES INVOLVING DISPENSING
OF CON-
TROLLED SUBSTANCES BY MEANS OF THE INTERNET.— 
VerDate Aug 31 2005 
00:09 Oct 01, 2008
Jkt 069200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H6353.RDS
H6353
jbell on PROD1PC69 with BILLS
HR 6353 RDS
Section 401 of the Controlled Substances Act (21 U.S.C. 
841) is amended by adding at the end the following: 
‘‘(h) OFFENSES INVOLVING DISPENSING OF CON-
TROLLED SUBSTANCES BY MEANS OF THE INTERNET.— 
‘‘(1) IN GENERAL.—It shall be unlawful for any 
person to knowingly or intentionally— 
‘‘(A) deliver, distribute, or dispense a con-
trolled substance by means of the Internet, ex-
cept as authorized by this title; or 
‘‘(B) aid or abet (as such terms are used 
in section 2 of title 18, United States Code) 
any activity described in subparagraph (A) that 
is not authorized by this title. 
‘‘(2) EXAMPLES.—Examples of activities that 
violate paragraph (1) include, but are not limited to, 
knowingly or intentionally— 
‘‘(A) delivering, distributing, or dispensing 
a controlled substance by means of the Internet 
by an online pharmacy that is not validly reg-
istered with a modification authorizing such ac-
tivity as required by section 303(f) (unless ex-
empt from such registration); 
‘‘(B) writing a prescription for a controlled 
substance for the purpose of delivery, distribu-
VerDate Aug 31 2005 
00:09 Oct 01, 2008
Jkt 069200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H6353.RDS
H6353
jbell on PROD1PC69 with BILLS
HR 6353 RDS
tion, or dispensation by means of the Internet 
in violation of section 309(e); 
‘‘(C) serving as an agent, intermediary, or 
other entity that causes the Internet to be used 
to bring together a buyer and seller to engage 
in the dispensing of a controlled substance in a 
manner not authorized by sections 303(f) or 
309(e); 
‘‘(D) offering to fill a prescription for a 
controlled substance based solely on a con-
sumer’s completion of an online medical ques-
tionnaire; and 
‘‘(E) making a material false, fictitious, or 
fraudulent statement or representation in a no-
tification or declaration under subsection (d) or 
(e), respectively, of section 311. 
‘‘(3) INAPPLICABILITY.— 
‘‘(A) This subsection does not apply to— 
‘‘(i) the delivery, distribution, or dis-
pensation of controlled substances by non-
practitioners to the extent authorized by 
their registration under this title; 
‘‘(ii) the placement on the Internet of 
material that merely advocates the use of 
a controlled substance or includes pricing 
VerDate Aug 31 2005 
00:09 Oct 01, 2008
Jkt 069200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H6353.RDS
H6353
jbell on PROD1PC69 with BILLS
HR 6353 RDS
information without attempting to propose 
or facilitate an actual transaction involving 
a controlled substance; or 
‘‘(iii) except as provided in subpara-
graph (B), any activity that is limited to— 
‘‘(I) the provision of a tele-
communications service, or of an 
Internet access service or Internet in-
formation location tool (as those 
terms are defined in section 231 of 
the Communications Act of 1934); or 
‘‘(II) the transmission, storage, 
retrieval, 
hosting, 
formatting, 
or 
translation (or any combination there-
of) of a communication, without selec-
tion or alteration of the content of the 
communication, except that deletion of 
a particular communication or mate-
rial made by another person in a man-
ner consistent with section 230(c) of 
the Communications Act of 1934 shall 
not constitute such selection or alter-
ation of the content of the commu-
nication. 
VerDate Aug 31 2005 
00:09 Oct 01, 2008
Jkt 069200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H6353.RDS
H6353
jbell on PROD1PC69 with BILLS
HR 6353 RDS
‘‘(B) The exceptions under subclauses (I) 
and (II) of subparagraph (A)(iii) shall not 
apply to a person acting in concert with a per-
son who violates paragraph (1). 
‘‘(4) KNOWING OR INTENTIONAL VIOLATION.— 
Any person who knowingly or intentionally violates 
this subsection shall be sentenced in accordance with 
subsection (b).’’. 
(g) PUBLICATION.—Section 403(c) of the Controlled 
Substances Act (21 U.S.C. 843(c)) is amended by— 
(1) striking ‘‘(c)’’ and inserting ‘‘(c)(1)’’; and 
(2) adding at the end the following: 
‘‘(2)(A) It shall be unlawful for any person to know-
ingly or intentionally use the Internet, or cause the Inter-
net to be used, to advertise the sale of, or to offer to sell, 
distribute, or dispense, a controlled substance where such 
sale, distribution, or dispensing is not authorized by this 
title or by the Controlled Substances Import and Export 
Act. 
‘‘(B) Examples of activities that violate subparagraph 
(A) include, but are not limited to, knowingly or inten-
tionally causing the placement on the Internet of an adver-
tisement that refers to or directs prospective buyers to 
Internet sellers of controlled substances who are not reg-
istered with a modification under section 303(f). 
VerDate Aug 31 2005 
00:09 Oct 01, 2008
Jkt 069200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H6353.RDS
H6353
jbell on PROD1PC69 with BILLS
HR 6353 RDS
‘‘(C) Subparagraph (A) does not apply to material 
that either— 
‘‘(i) merely advertises the distribution of con-
trolled substances by nonpractitioners to the extent 
authorized by their registration under this title; or 
‘‘(ii) merely advocates the use of a controlled 
substance or includes pricing information without at-
tempting to facilitate an actual transaction involving 
a controlled substance.’’. 
(h) INJUNCTIVE RELIEF.—Section 512 of the Con-
trolled Substances Act (21 U.S.C. 882) is amended by 
adding at the end the following: 
‘‘(c) STATE CAUSE OF ACTION PERTAINING TO ON-
LINE PHARMACIES.— 
‘‘(1) IN GENERAL.—In any case in which the 
State has reason to believe that an interest of the 
residents of that State has been or is being threat-
ened or adversely affected by the action of a person, 
entity, or Internet site that violates the provisions of 
section 303(f), 309(e), or 311, the State may bring 
a civil action on behalf of such residents in a district 
court of the United States with appropriate jurisdic-
tion— 
‘‘(A) to enjoin the conduct which violates 
this section; 
VerDate Aug 31 2005 
00:09 Oct 01, 2008
Jkt 069200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H6353.RDS
H6353
jbell on PROD1PC69 with BILLS
HR 6353 RDS
‘‘(B) to enforce compliance with this sec-
tion; 
‘‘(C) to obtain damages, restitution, or 
other compensation, including civil penalties 
under section 402(b); and 
‘‘(D) to obtain such other legal or equi-
table relief as the court may find appropriate. 
‘‘(2) SERVICE; INTERVENTION.— 
‘‘(A) Prior to filing a complaint under 
paragraph (1), the State shall serve a copy of 
the complaint upon the Attorney General and 
upon the United States Attorney for the judi-
cial district in which the complaint is to be 
filed. In any case where such prior service is 
not feasible, the State shall serve the complaint 
on the Attorney General and the appropriate 
United States Attorney on the same day that 
the State’s complaint is filed in Federal district 
court of the United States. Such proceedings 
shall be independent of, and not in lieu of, 
criminal prosecutions or any other proceedings 
under this title or any other laws of the United 
States. 
‘‘(B) Upon receiving notice respecting a 
civil action pursuant to this section, the United 
VerDate Aug 31 2005 
00:09 Oct 01, 2008
Jkt 069200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H6353.RDS
H6353
jbell on PROD1PC69 with BILLS
HR 6353 RDS
States shall have the right to intervene in such 
action and, upon so intervening, to be heard on 
all matters arising therein, and to file petitions 
for appeal. 
‘‘(C) Service of a State’s complaint on the 
United States as required in this paragraph 
shall be made in accord with the requirements 
of rule 4(i)(1) of the Federal Rule of Civil Pro-
cedure. 
‘‘(3) POWERS CONFERRED BY STATE LAW.— 
For purposes of bringing any civil action under 
paragraph (1), nothing in this Act shall prevent an 
attorney general of a State from exercising the pow-
ers conferred on the attorney general of a State by 
the laws of such State to conduct investigations or 
to administer oaths or affirmations or to compel the 
attendance of witnesses of or the production of docu-
mentary or other evidence. 
‘‘(4) VENUE.—Any civil action brought under 
paragraph (1) in a district court of the United 
States may be brought in the district in which the 
defendant is found, is an inhabitant, or transacts 
business or wherever venue is proper under section 
1391 of title 28, United States Code. Process in 
such action may be served in any district in which 
VerDate Aug 31 2005 
00:09 Oct 01, 2008
Jkt 069200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H6353.RDS
H6353
jbell on PROD1PC69 with BILLS
HR 6353 RDS
the defendant is an inhabitant or in which the de-
fendant may be found. 
‘‘(5) NO PRIVATE RIGHT OF ACTION.—No pri-
vate right of action is created under this subsection. 
‘‘(6) LIMITATION.—No civil action may be 
brought under paragraph (1) against— 
‘‘(A) the United States; 
‘‘(B) an Indian Tribe or tribal organiza-
tion, to the extent such tribe or tribal organiza-
tion is lawfully carrying out a contract or com-
pact under the Indian Self-Determination and 
Education Assistance Act; or 
‘‘(C) any employee of the United States or 
such Indian tribe or tribal organization, pro-
vided such agent or employee is acting in the 
usual course of business or employment, and 
within the scope of the official duties of such 
agent or employee therewith.’’. 
(i) IMPORT AND EXPORT ACT.—Section 1010(b) of 
the Controlled Substances Import and Export Act (21 
U.S.C. 960(b)) is amended— 
(1) in paragraph (4)— 
(A) by striking ‘‘or any quantity of a con-
trolled substance in schedule III, IV, or V, (ex-
cept a violation involving flunitrazepam and ex-
VerDate Aug 31 2005 
00:09 Oct 01, 2008
Jkt 069200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H6353.RDS
H6353
jbell on PROD1PC69 with BILLS
HR 6353 RDS
cept a violation involving gamma hydroxy-
butyric acid)’’; 
(B) by inserting ‘‘or’’ before ‘‘less than one 
kilogram of hashish oil’’; and 
(C) by striking ‘‘imprisoned’’ and all that 
follows through the end of the paragraph and 
inserting ‘‘sentenced in accordance with section 
401(b)(1)(D).’’; 
(2) by adding at the end the following: 
‘‘(5) In the case of a violation of subsection (a) in-
volving a controlled substance in schedule III, such person 
shall be sentenced in accordance with section 401(b)(1). 
‘‘(6) In the case of a violation of subsection (a) in-
volving a controlled substance in schedule IV, such person 
shall be sentenced in accordance with section 401(b)(2). 
‘‘(7) In the case of a violation of subsection (a) in-
volving a controlled substance in schedule V, such person 
shall be sentenced in accordance with section 401(b)(3).’’; 
and 
(3) in paragraph (3), by striking ‘‘, nor shall a 
person so sentenced be eligible for parole during the 
term of such a sentence’’ in the final sentence. 
(j) EFFECTIVE DATE.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendments made by this Act shall 
VerDate Aug 31 2005 
00:09 Oct 01, 2008
Jkt 069200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H6353.RDS
H6353
jbell on PROD1PC69 with BILLS
HR 6353 RDS
take effect 180 days after the date of enactment of 
this Act. 
(2) DEFINITION OF PRACTICE OF TELEMEDI-
CINE.— 
(A) IN GENERAL.—Until the earlier of 3 
months after the date on which regulations are 
promulgated to carry out section 311(h) of the 
Controlled Substances Act, as amended by this 
Act, or 15 months after the date of enactment 
of this Act— 
(i) the definition of the term ‘‘practice 
of telemedicine’’ in subparagraph (B) of 
this paragraph shall apply for purposes of 
the Controlled Substances Act; and 
(ii) the definition of the term ‘‘prac-
tice of telemedicine’’ in section 102(54) of 
the Controlled Substances Act, as amended 
by this Act, shall not apply. 
(B) TEMPORARY PHASE-IN OF TELEMEDI-
CINE REGULATION.—During the period speci-
fied in subparagraph (A), the term ‘‘practice of 
telemedicine’’ means the practice of medicine in 
accordance with applicable Federal and State 
laws by a practitioner (as that term is defined 
in section 102 of the Controlled Substances Act 
VerDate Aug 31 2005 
00:09 Oct 01, 2008
Jkt 069200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\H6353.RDS
H6353
jbell on PROD1PC69 with BILLS
HR 6353 RDS
(21 U.S.C. 802)) (other than a pharmacist) 
who is at a location remote from the patient 
and is communicating with the patient, or 
health care professional who is treating the pa-
tient, using a telecommunications system re-
ferred to in section 1834(m) of the Social Secu-
rity Act (42 U.S.C. 1395m(m)), if the practi-
tioner is using an interactive telecommuni-
cations system that satisfies the requirements 
of section 410.78(a)(3) of title 42, Code of Fed-
eral Regulations. 
(C) RULE OF CONSTRUCTION.—Nothing in 
this subsection may be construed to create a 
precedent that any specific course of conduct 
constitutes the ‘‘practice of telemedicine’’ (as 
that term is defined in section 102(54) of the 
Controlled Substances Act, as amended by this 
Act) after the end of the period specified in 
subparagraph (A). 
(k) GUIDELINES AND REGULATIONS.— 
(1) IN GENERAL.—The Attorney General may 
promulgate and enforce any rules, regulations, and 
procedures which may be necessary and appropriate 
for the efficient execution of functions under this 
Act or the amendments made by this Act, and, with 
VerDate Aug 31 2005 
00:09 Oct 01, 2008
Jkt 069200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\H6353.RDS
H6353
jbell on PROD1PC69 with BILLS
HR 6353 RDS
the concurrence of the Secretary of Health and 
Human Services where this Act or the amendments 
made by this Act so provide, promulgate any interim 
rules necessary for the implementation of this Act or 
the amendments made by this Act, prior to its effec-
tive date. 
(2) SENTENCING
GUIDELINES.—The United 
States Sentencing Commission, in determining 
whether to amend, or establish new, guidelines or 
policy statements, to conform the Federal sentencing 
guidelines and policy statements to this Act and the 
amendments made by this Act, should not construe 
any change in the maximum penalty for a violation 
involving a controlled substance in a particular 
schedule as being the sole reason to amend, or es-
tablish a new, guideline or policy statement. 
(l) ANNUAL REPORT.—Not later than 180 days after 
the date of enactment of this Act, and annually for 2 years 
after the initial report, the Drug Enforcement Administra-
tion, in consultation with the Department of State, shall 
submit to Congress a report describing— 
(1) the foreign supply chains and sources of 
controlled substances offered for sale without a valid 
prescription on the Internet; 
VerDate Aug 31 2005 
00:09 Oct 01, 2008
Jkt 069200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6201
E:\BILLS\H6353.RDS
H6353
jbell on PROD1PC69 with BILLS
HR 6353 RDS
(2) the efforts and strategy of the Drug En-
forcement Administration to decrease the foreign 
supply chain and sources of controlled substances of-
fered for sale without a valid prescription on the 
Internet; and 
(3) the efforts of the Drug Enforcement Ad-
ministration to work with domestic and multi-
national pharmaceutical companies and others to 
build international cooperation and a commitment to 
fight on a global scale the problem of distribution of 
controlled substances over the Internet without a 
valid prescription. 
SEC. 4. RULE OF CONSTRUCTION. 
Nothing in this Act or the amendments made by this 
Act shall be construed as authorizing, prohibiting, or lim-
iting the use of electronic prescriptions for controlled sub-
stances. 
Passed the House of Representatives September 23, 
2008. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
VerDate Aug 31 2005 
00:09 Oct 01, 2008
Jkt 069200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\H6353.RDS
H6353
jbell on PROD1PC69 with BILLS