The Ryan Haight Online Pharmacy Consumer Protection Act
The new proposed legislation known as, “The Ryan Haight Online Pharmacy Consumer Protection Act of 2007,”Bill Summary
The Ryan Haight Online Pharmacy Consumer Protection Act of 2007 amends the Controlled Substances Act. It would:
* Bar the sale or distribution of a controlled substance via the Internet without a valid prescription. A practitioner must conduct an in-person examination of a patient in order for a prescription to be considered valid.
* Require Online Pharmacies to display information identifying the business, the pharmacist, and any physician associated with the website. Pharmacies must also clearly display a statement of compliance on their homepage. This will allow consumers to clearly identify which pharmacies are safe—and which are not.
* Create tough penalties for pharmacies that continue to operate outside the law, by clarifying that such activities are subject to the current federal laws against illegal distributions of controlled substances, and the same penalties applicable to hand-to-hand sales. Internet distributors, like other drug dealers, could be prosecuted in our federal courts, and if convicted would face sentences of up to life imprisonment, as well as forfeiture of their criminally-derived proceeds.
* Increase the penalties for illegal distributions of controlled substances categorized by the Drug Enforcement Administration as Schedule III, IV and V substances. For Schedule III substances, existing maximum penalties would be doubled, up to 10 years for a first conviction, and to 20 years for a second conviction, with new penalties of up to 30 years would be added if death or serious bodily injury results. The bill adopts similar increases for Schedule IV and V substances, with longer periods of supervised release also available to follow prison terms ordered on these drug distribution convictions.
* Allow a state attorney general, after giving the U.S. Department of Justice notice and an opportunity to intervene, to shut down a rogue site across the country, rather than limiting their relief to stopping sales only to consumers of his or her state.
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