12 2 STA T .48 2 0PUBLIC LA W 110 – 42 5—O CT. 15 , 2008 PublicLaw1 1 0–425 110 thCongres s A n Act Toamendth e C ont r o l led Subs tan c es A ct to address onl i ne p harmacies .Beit e nac te dby t h e S enate and Hous eo fR e pr esentati v es of the U nited States of Am erica in C on g ress assemb l ed ,SECTION1. S H O R T TIT L E. ThisActmaybe cite d as the ‘ ‘ R ya nH ai g ht O n l ine P ha r macy Co ns u mer Protection Act o f20 0 8’ ’ . SEC. 2 .RE QU IRE M ENT O FAV ALI DP RESCRIPTION FOR CONTROLLED SU B STANCES DISPENSED B Y MEANS OF THE INTERNET. S ection 3 0 9 of the Controlled Substances Act ( 2 1U .S.C. 829 ) is amended by adding at the end the follo w ing
‘‘(e) C ONTR O L L ED S UBS T A N C ES DI S P ENSED B YM EANS O F T H E I NTERNET. — ‘‘(1) N o controlled substance that is a p rescription drug as determined under the F ederal Food , Drug, and Cosmetic Act may be deli v ered, distributed, or dispensed by means of the Internet without a valid prescription. ‘‘(2) As used in this subsection: ‘‘(A) The term ‘valid prescription’ means a prescription that is issued for a legitimate medical purpose in the usual course of professional practice by— ‘‘(i) a practitioner who has conducted at least 1 in - person medical evaluation of the patient
or ‘‘(ii) a covering practitioner. ‘‘( B )(i) The term ‘in-person medical evaluation’ means a medical evaluation that is conducted with the patient in the physical presence of the practitioner, without regard to whether portions of the evaluation are conducted by other health professionals. ‘‘(ii) Nothing in clause (i) shall be construed to imply that 1 in-person medical evaluation demonstrates that a prescription has been issued for a legitimate medical pur- pose within the usual course of professional practice. ‘‘(C) The term ‘covering practitioner’ means, with respect to a patient, a practitioner who conducts a medical evaluation (other than an in-person medical evaluation) at the re q uest of a practitioner who— ‘‘(i) has conducted at least 1 in-person medical evaluation of the patient or an evaluation of the patient through the practice of telemedicine, within the pre- vious 2 4 months; and ‘‘(ii) is temporarily unavailable to conduct the evaluation of the patient. 21USC80 1 note.Rya n H a igh t O n l ine P ha rm a c y Con su mer Protection A ct o f 2008. Oct. 1 5, 2008 [ H.R. 63 53 ]
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