Page:United States Statutes at Large Volume 122.djvu/4849

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

12 2 STA T .48 2 6PUBLIC LA W 11 0– 42 5—O CT. 15 , 2008 ‘ ‘ (6)Thenam e , a d d r e s s, t e l e p h o nen u m b er, pro f ess i onal de g ree, and S tates of li c ensure of an y practitioner w ho has a contractual relationship to pro v ide medical evaluations or issue prescriptions for controlled substances, through referrals from the website or at the re q uest of the owner or operator of the website, or any employee or agent thereof . ‘‘( 7 ) The following statement, unless revised by the A ttorney G eneral 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 includes at least one prior in - person medical evaluation or medical evalua- tion via telemedicine in accordance with applicable require- ments of section 309 . ’ . ‘‘(d) NOTIF I CA TIO N . — ‘‘( 1 ) I N GE NE R A L .—Thirty days prior to offering a controlled substance for sale, delivery, distribution, 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 online pharmacy offers to sell, deliver, distribute, or dis- pense controlled substances. ‘‘( 2 ) C ONTENT S .—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 per j ury, 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 pharmacy shall notify the Attorney General of any change in the address at least 30 days in advance; and ‘‘(C) the D rug E nforcement Administration registration numbers of any pharmacies and practitioners referred to in subsection (c), as applicable. ‘‘(3) E X ISTING ONLINE PH AR M ACIES.—An online pharmacy that is already operational as of the effective date of this section, shall notify the Attorney General and applicable State boards of pharmacy in accordance with this subsection not later than 30 days after such date. ‘‘(e) DECLARATION OF COMPLIANCE.— O n and after the date on which it ma k es the notification under subsection (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) R EPORTS.—Any statement, declaration, notification, or disclosure required under this section shall be considered a report required to be kept under this part. ‘‘(g) NOTICE AN D DESIGNATIONS CONCERNING INDIAN TRI B ES.— ‘‘(1) IN GENERAL.— F or purposes of sections 102( 5 2) 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 determine appropriate, of the Indian tribes or tribal organi z ations with which the Secretary has contracted Regulations.D ea d line. Deadline.