Ryan Haight Online Pharmacy Consumer Protection Act of 2008

Bill: 110-s-980
Sponsor: Sen. Feinstein, Dianne [D-CA]
Introduced: 2007-03-23 in the Senate
Policy area: Crime and Law Enforcement
Subjects: Administrative procedure
Civil actions and liability
Commerce
Consumer education
Damages
Department of Justice
Drug abuse
Drug law enforcement
Drugs
Electronic commerce
Forfeiture
Government Operations and Politics
Health
Injunctions
Internet
Law
Licenses
Pharmacies
Science, Technology, Communications
Sentencing guidelines
State laws
U.S. Sentencing Commission
Web sites

Summary:
action_date: 2007-03-23
text: 
Online Pharmacy Consumer Protection Act of 2007 - Amends the Controlled Substances Act to impose registration and reporting requirements on pharmacies that seek to deliver, distribute, or dispense by means of the Internet a controlled substance (online pharmacies).

Requires an online pharmacy to: (1) include on its website homepage a statement that it complies with the requirements of this Act; (2) comply with the requirements of state law for the licensure of pharmacies in each state in which it operates and with all applicable federal and state laws; (3) post on its homepage certain information about the owner of the website, a list of the states in which it operates and is licensed, and certain information about the location of the pharmacy, the qualifications of its pharmacist-in-charge and practitioners who provide medical consultations, and a certification of its registration; and (4) notify the Attorney General and applicable state boards of pharmacy prior to offering to sell, deliver, distribute, or dispense controlled substances over the Internet.

 Prohibits an online pharmacy from selling a controlled substance over the Internet without a valid prescription.

Increases criminal penalties for certain controlled substance offenses. Imposes criminal penalties for the unlawful delivery, distribution, or dispensing of controlled substances over the Internet. Exempts from criminal penalties mere advocacy of the use of a controlled substance or pricing information without any attempt to propose or facilitate a transaction for such controlled substance. 

Authorizes a state attorney general to apply for injunctions or obtain damages and other civil remedies against an online pharmacy that poses a threat to state residents. 

action_date: 2008-03-12
text: 
Ryan Haight Online Pharmacy Consumer Protection Act of 2007 - Amends the Controlled Substances Act to prohibit: (1) controlled substances from being delivered, distributed, or dispensed over the Internet without a valid prescription; and (2) the facilitation or advertisement of sales of controlled substances over the Internet except as authorized by this Act. Exempts medical practitioners engaged in telemedicine from prohibitions on the delivery, distribution, or dispensing of controlled substances over the Internet under certain conditions. 

Imposes registration and reporting requirements on pharmacies that deliver, distribute, or dispense controlled substances over the Internet (online pharmacies). 

Requires an online pharmacy to: (1) publish on its website a statement of compliance with the requirements of this Act; (2) comply with state laws concerning the licensure of pharmacies in each state in which it operates; (3) post on the homepage of its website specified information about its owner, a list of the states in which it operates and is licensed, information about the location of the pharmacy, the qualifications of its pharmacist-in-charge and the practitioners who provide medical consultations, 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. 

Increases criminal penalties for offenses 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 an online pharmacy that poses a threat to state residents.

Authorizes the Attorney General to promulgate regulations to enforce the provisions of this Act. 

Requires the U.S. Sentencing Commission, in determining whether to amend or establish new sentencing guidelines to conform the guidelines and policy statements to this Act, to consult with the Department of Justice (DOJ), experts, and other affected parties concerning which penalties for scheduled substances should be reflected. 

Requires the Drug Enforcement Administration (DEA) to report to Congress after 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: 2008-04-01
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.

Requires the U.S. Sentencing Commission, in determining whether to amend or establish new sentencing guidelines to conform the guidelines and policy statements to this Act, to consult with the Department of Justice (DOJ), experts, and other affected parties concerning which penalties for scheduled substances should be reflected.

Requires the Drug Enforcement Administration (DEA) to report to Congress 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: 2008-11-17
text: By Senator Leahy from Committee on the Judiciary filed written report. Report No. 110-521.
action_date: 2008-11-17
text: By Senator Leahy from Committee on the Judiciary filed written report. Report No. 110-521.
action_date: 2008-04-02
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: 2008-04-02
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: 2008-04-02
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: 2008-04-02
text: Message on Senate action sent to the House.
action_date: 2008-04-02
text: Received in the House.
action_date: 2008-04-01
text: Passed Senate with an amendment by Unanimous Consent.
action_date: 2008-04-01
text: Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.
action_date: 2008-04-01
text: The committee substitute as amended agreed to by Unanimous Consent.
action_date: 2008-04-01
text: Measure laid before Senate by unanimous consent. (consideration: CR S2307-2310; text of measure as reported in Senate: CR S2307-2309)
action_date: 2008-03-12
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 617.
action_date: 2008-03-12
text: Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute. Without written report.
action_date: 2008-03-12
text: Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute. Without written report.
action_date: 2007-09-27
text: Committee on the Judiciary. Ordered to be reported with amendments favorably.
action_date: 2007-05-16
text: Committee on the Judiciary. Hearings held. Hearings printed: S.Hrg. 110-472.
action_date: 2007-03-23
text: Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S3713-3715)
action_date: 2007-03-23
text: Sponsor introductory remarks on measure. (CR S3712-3713)
action_date: 2007-03-23
text: Introduced in Senate