Ryan Haight Online Pharmacy Consumer Protection Act of 2008

Bill: 110-hr-6353
Sponsor: Rep. Stupak, Bart [D-MI-1]
Introduced: 2008-06-24 in the House
Policy area: Crime and Law Enforcement
Subjects: Administrative procedure
Civil actions and liability
Commerce
Congress
Congressional reporting requirements
Consumer education
Damages
Department of Justice
Drug abuse
Drug industry
Drug law enforcement
Drug traffic
Drugs
Electronic commerce
Emergency Management
Emergency medicine
Foreign Trade and International Finance
Government Operations and Politics
Government paperwork
Health
Imports
Injunctions
International corporations
Internet
Law
Licenses
Pharmacies
Science, Technology, Communications
State laws
Web sites

Summary:
action_date: 2008-06-24
text: 
Ryan Haight Online Pharmacy Consumer Protection Act of 2008 - Amends the Controlled Substances Act to prohibit the delivery, distribution, or dispensing of controlled substances over the Internet without a valid prescription. Exempts telemedicine practitioners. 

Defines &quot;valid prescription&quot; as a prescription that is issued for a legitimate purpose by a practitioner who has conducted at least one in-person medical evaluation of the patient. 

Adds definitions to the Controlled Substances Act relating to online pharmacies and the issuance of prescriptions over the Internet.

Imposes registration and reporting requirements on online pharmacies.

Requires an online pharmacy to: (1) display on its Internet homepage a statement that it complies with the requirements of this Act; (2) comply with state laws for the licensure of pharmacies in each state in which it operates or sells controlled substances; (3) post on its Internet homepage specified information, including the name, address, and telephone number of the pharmacy, the qualifications of its pharmacist-in-charge, and a certification of its registration under this Act; and (4) 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.

Authorizes the Attorney General to issue a special registration under this Act for telemedicine practitioners.

Increases criminal penalties involving controlled substances in Schedules III, IV, and V of the Controlled Substances Act. 

Authorizes states to apply for injunctions or obtain damages and other civil remedies against online pharmacies that are deemed a threat to state residents.

action_date: 2008-09-23
text: 
Ryan Haight Online Pharmacy Consumer Protection Act of 2008 - Amends the Controlled Substances Act to prohibit the delivery, distribution, or dispensing of a controlled substance that is a prescription drug over the Internet without a valid prescription. Exempts telemedicine practitioners. 

Defines &quot;valid prescription&quot; as a prescription that is issued for a legitimate medical purpose in the usual course of professional practice by a practitioner who has conducted at least one in-person medical evaluation of a patient.

Defines &quot;online pharmacy&quot; as a person, entity, or Internet site, whether in the United States or abroad, that knowingly or intentionally delivers, distributes, or dispenses a controlled substance by means of the Internet. Excludes from such definition: (1) manufacturers or distributors who do not dispense controlled substances to an unregistered individual or entity; (2) nonpharmacy practitioners; (3) certain hospitals or medical facilities operated by the federal government or by an Indian tribe or tribal organization; (4) mere advertisements that do not attempt to facilitate an actual transaction involving a controlled substance; and (5) other persons or entities the exclusion of which the Attorney General and the Secretary of Health and Human Services find to be consistent with effective controls against diversion and with the public health and safety.

Imposes registration and reporting requirements on online pharmacies that dispense 100 or more prescriptions or 5,000 or more dosage units of all controlled substances combined in one month. 

Requires an online pharmacy to: (1) display specified information on its Internet home page, including a statement that it complies with the requirements of this Act, its name, address, and telephone number, the qualifications of its pharmacist-in-charge, and a certification of its registration under this Act; (2) comply with state laws for the licensure of pharmacies in each state in which it operates or sells controlled substances; and (3) notify the Attorney General and applicable state boards of pharmacy 30 days prior to offering to sell, deliver, distribute, or dispense controlled substances over the Internet.

Authorizes the Attorney General to issue a special registration under this Act for telemedicine practitioners. Requires practitioners who issue a prescription for a controlled substance under the authorization to conduct telemedicine during a medical emergency to report to the Secretary of Veterans Affairs the authorization of that emergency prescription.

Increases criminal penalties involving controlled substances in Schedules III, IV, and V of the Controlled Substances Act. 

Authorizes states to apply for injunctions or obtain damages and other civil remedies against online pharmacies that are deemed a threat to state residents. 

Requires the Drug Enforcement Administration (DEA) to report to Congress not later than 180 days after the enactment of this Act and annually for two years after such initial report on: (1) the foreign supply chains and sources of controlled substances offered for sale without a valid prescription on the Internet; (2) DEA efforts and strategy to decrease such foreign supply chains; and (3) DEA efforts to work with domestic and multinational pharmaceutical companies and others in combating the sale of controlled substances over the Internet without a valid prescription.

action_date: 2008-10-15
text: 

(This measure has not been amended since it was passed by the House on September 28, 2008. The summary of that version is repeated here.)

Ryan Haight Online Pharmacy Consumer Protection Act of 2008 - Amends the Controlled Substances Act to prohibit the delivery, distribution, or dispensing of a controlled substance that is a prescription drug over the Internet without a valid prescription. Exempts telemedicine practitioners. 

Defines &quot;valid prescription&quot; as a prescription that is issued for a legitimate medical purpose in the usual course of professional practice by a practitioner who has conducted at least one in-person medical evaluation of a patient.

Defines &quot;online pharmacy&quot; as a person, entity, or Internet site, whether in the United States or abroad, that knowingly or intentionally delivers, distributes, or dispenses a controlled substance by means of the Internet. Excludes from such definition: (1) manufacturers or distributors who do not dispense controlled substances to an unregistered individual or entity; (2) nonpharmacy practitioners; (3) certain hospitals or medical facilities operated by the federal government or by an Indian tribe or tribal organization; (4) mere advertisements that do not attempt to facilitate an actual transaction involving a controlled substance; and (5) other persons or entities the exclusion of which the Attorney General and the Secretary of Health and Human Services find to be consistent with effective controls against diversion and with the public health and safety.

Imposes registration and reporting requirements on online pharmacies that dispense 100 or more prescriptions or 5,000 or more dosage units of all controlled substances combined in one month. 

Requires an online pharmacy to: (1) display specified information on its Internet home page, including a statement that it complies with the requirements of this Act, its name, address, and telephone number, the qualifications of its pharmacist-in-charge, and a certification of its registration under this Act; (2) comply with state laws for the licensure of pharmacies in each state in which it operates or sells controlled substances; and (3) notify the Attorney General and applicable state boards of pharmacy 30 days prior to offering to sell, deliver, distribute, or dispense controlled substances over the Internet.

Authorizes the Attorney General to issue a special registration under this Act for telemedicine practitioners. Requires practitioners who issue a prescription for a controlled substance under the authorization to conduct telemedicine during a medical emergency to report to the Secretary of Veterans Affairs the authorization of that emergency prescription.

Increases criminal penalties involving controlled substances in Schedules III, IV, and V of the Controlled Substances Act. 

Authorizes states to apply for injunctions or obtain damages and other civil remedies against online pharmacies that are deemed a threat to state residents. 

Requires the Drug Enforcement Administration (DEA) to report to Congress not later than 180 days after the enactment of this Act and annually for two years after such initial report on: (1) the foreign supply chains and sources of controlled substances offered for sale without a valid prescription on the Internet; (2) DEA efforts and strategy to decrease such foreign supply chains; and (3) DEA efforts to work with domestic and multinational pharmaceutical companies and others in combating the sale of controlled substances over the Internet without a valid prescription.


Legislative actions:
action_date: 2008-10-15
text: Became Public Law No: 110-425.
action_date: 2008-10-15
text: Became Public Law No: 110-425.
action_date: 2008-10-15
text: Signed by President.
action_date: 2008-10-15
text: Signed by President.
action_date: 2008-10-06
text: Presented to President.
action_date: 2008-10-06
text: Presented to President.
action_date: 2008-10-01
text: Message on Senate action sent to the House.
action_date: 2008-09-30
text: Cleared for White House.
action_date: 2008-09-30
text: Passed Senate without amendment by Unanimous Consent. (consideration: CR S10184-10185)
action_date: 2008-09-30
text: Passed/agreed to in Senate: Passed Senate without amendment by Unanimous Consent.(consideration: CR S10184-10185)
action_date: 2008-09-25
text: Received in the Senate, read twice.
action_date: 2008-09-23
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2008-09-23
text: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H8691-8694)
action_date: 2008-09-23
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H8691-8694)
action_date: 2008-09-23
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 6353.
action_date: 2008-09-23
text: Considered under suspension of the rules. (consideration: CR H8691-8696)
action_date: 2008-09-23
text: Mr. Pallone moved to suspend the rules and pass the bill, as amended.
action_date: 2008-09-23
text: Placed on the Union Calendar, Calendar No. 565.
action_date: 2008-09-23
text: Committee on Judiciary discharged.
action_date: 2008-09-23
text: Committee on Judiciary discharged.
action_date: 2008-09-23
text: Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 110-869, Part I.
action_date: 2008-09-23
text: Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 110-869, Part I.
action_date: 2008-09-17
text: Ordered to be Reported (Amended) by Voice Vote.
action_date: 2008-09-17
text: Committee Consideration and Mark-up Session Held.
action_date: 2008-06-24
text: Referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2008-06-24
text: Referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2008-06-24
text: Referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2008-06-24
text: Introduced in House
action_date: 2008-06-24
text: Introduced in House

Enacted as: number: 110-425