Pubdate: Thu, 9 Oct 2008
Source: Wall Street Journal (US)
Copyright: 2008 Dow Jones & Company, Inc.
Contact:  http://www.wsj.com/
Details: http://www.mapinc.org/media/487
Author: Sarah Rubenstein

NEW BILL TARGETS ROGUE DRUGGISTS ON THE INTERNET

President Bush is set to sign legislation that will help the federal 
government crack down on hundreds of rogue Internet pharmacies that 
peddle controlled substances like the painkiller Vicodin or the 
stimulant Ritalin.

The bill reflects growing concern among parents and public-health 
experts that certain online pharmacies enable almost anyone to 
purchase drugs with a few mouse clicks and without seeing a doctor or 
getting a valid prescription. Experts believe the Web sites are 
fueling an increase in the abuse of prescription drugs, especially 
among teenagers.

The legislation, approved by Congress last month, aims to make it 
harder for people to obtain the drugs by prohibiting online 
pharmacies from dispensing medications to anyone without a valid 
prescription from a doctor who has examined the purchaser in person 
at least once. It would have little effect on legal online 
pharmacies, such as drugstore.com and the sites of pharmacy chains 
Walgreen Co. and CVS Caremark Corp. that already impose such rules on 
their customers.

Regulators say the new law is intended in part to strengthen the 
federal government's ability to enforce existing statutes and make 
clear how they apply to the Internet. "This is really making explicit 
what has been implicit," said Sen. Dianne Feinstein, a California 
Democrat and the bill's lead sponsor in the Senate. "We've tried to 
close this loophole by essentially addressing this problem of 
controlled substances being sold without any medical oversight or 
prescription."

The bill has limitations, however. For one, it's not aimed at online 
pharmacies based outside the country. Also, the bill also doesn't 
address non-controlled prescription drugs, such as the 
erectile-dysfunction drugs Viagra and Cialis, hair-loss drug 
Propecia, painkiller Celebrex and muscle relaxant Soma that are 
popular on rogue sites. Finally, the bill does not create new 
requirements for Internet search engines, credit-card companies or 
package-delivery concerns whose services are used in online pharmacy 
transactions.

Abuse of prescription medicines is beginning to rival that of illegal 
drugs as a public health worry. From 1992 to 2006, the number of 
people who admitted abusing controlled prescription drugs doubled to 
15.8 million, according to the National Center on Addiction and 
Substance Abuse at Columbia University. That is more than the 
combined number of people who reported abusing cocaine, 
hallucinogens, inhalants and heroin.

Teenagers are especially vulnerable. In 2006, 2.2 million teens 
between ages 12 and 17 admitted abusing a prescription drug in the 
past year. While the role of rogue online pharmacies is hard to 
quantify, Joseph Califano, president of the center at Columbia, says 
they are a "significant" part of the problem, in part because college 
students can get online orders sent to their mailboxes without 
parents' knowledge. Teenagers also get drugs out of their parents' 
medicine cabinets, he says.

The Drug Enforcement Administration says that a relatively small 
percentage of people get controlled drugs illegally over the 
Internet, but that they frequently get them in large quantities -- 
100 to 120 pills at a time, compared to just a handful from friends 
or pilfered from pill bottles at home. The DEA also believes these 
pharmacies are an "upstream" source of the drugs, meaning they sell 
them to individuals who then deal them to others. Potential for Abuse

Controlled substances are policed by the DEA because of their 
potential to be abused or lead to addiction. Those popular on the 
Internet include stimulants such as Adderall and Ritalin, painkillers 
such as Vicodin and OxyContin, depressants such as Xanax and Valium, 
and the weight-loss drug phentermine.

Pharmacy Web sites commonly offer questionnaires as the primary 
hurdle for getting the drugs, and often steer patients toward answers 
that provide medical justification of a prescription for whatever 
drug they are seeking, says Carmen Catizone, executive director of 
the National Association of Boards of Pharmacy, an umbrella group of 
state pharmacy boards. Some also employ doctors who review the 
questionnaires and approve hundreds of prescriptions per day, he 
says, adding that these doctors are commonly paid per prescription approved.

In addition to insisting on a valid prescription from a doctor who 
has examined the patient in person at least once (with certain 
exceptions for telemedicine), the new legislation requires pharmacies 
to specify in their registrations with the DEA if they're selling 
controlled substances online, and to place clear language on their 
home pages that they comply with certain of the bill's provisions.

They also must list information, including names, addresses and 
contact information for the pharmacies and pharmacists associated 
with the sites, and doctors affiliated with the sites. Prison 
sentences for illegally distributing many controlled substances are increased.

Patrick Egan, a partner at the Philadelphia law firm Fox Rothschild 
LLP who has defended Internet pharmacies, noted that it's hard to 
regulate operations based in other countries. Moreover, Mr. Egan, who 
provided congressional testimony opposing the bill, said in an 
interview that there needs to be "meaningful discussion about whether 
this particular model for delivery of drugs might have some 
usefulness in our society." He cited instances where online 
pharmacies help people who can't afford to see a doctor or live in 
remote areas.

Several states have beefed up their own laws to crack down on online 
pharmacies. For instance, Arkansas now prohibits Internet sales of 
prescription drugs without a doctor having physically examined a 
patient at least once. However, "It is very difficult for us to do 
something to someone out of state," said John Kirtley, assistant 
director of the Arkansas State Board of Pharmacy. A federal law "is 
going to put more of an onus on them, from a nationwide level, to do 
something about it." DEA Crackdown

The DEA has already shut down a number of online pharmacies, and has 
also clamped down on practices of major distributors of prescription 
drugs. Last week, drug distributor Cardinal Health Inc. said it had 
entered a $34 million settlement with the DEA and seven U.S. 
attorneys' offices over allegations it had failed to report to the 
DEA suspicious orders of hydrocodone, a main ingredient in Vicodin, 
it distributed to pharmacies that filled prescriptions originating 
from rogue pharmacy Web sites.

Cardinal spokesman Troy Kirkpatrick said the company, which did not 
admit wrongdoing, has beefed up a system to catch such transactions 
by flagging unusually large orders of controlled substances from 
pharmacies and reporting suspicious orders to the DEA and state 
boards of pharmacy. The company is training employees to be more 
familiar with their customers' buying habits so they can catch 
behavior that's out of character, Mr. Kirkpatrick said.

Another major distributor, McKesson Corp., in May entered a $13 
million settlement with the federal government over similar 
allegations. The company denied wrongdoing.

The National Association of Chain Drug Stores, a trade group whose 
members include Walgreen and CVS, supports the bill. Rogue sites 
"were sullying the reputation of the entire industry," said Paul 
Kelly, vice president of federal government affairs for the group. 
Drugstore.com, which also supports the bill, said it would not 
require the company to make significant changes to the way its site 
operates, beyond adding some disclosures to the home page.

The National Association of Boards of Pharmacy runs a program to 
accredit online pharmacies as "Verified Internet Pharmacy 
PracticeSites," or VIPPS, and lists them at www.nabp.net. NABP also 
lists "not recommended" sites, describing them as those that appear 
to be out of compliance with laws or NABP standards.

[Sidebar]

RED FLAGS

* Does not require a bona-fide prescription issued by your personal physician.

* Does not ask the name, address or phone number of your current physician.

* Advises you about the law and why it's permissible to obtain 
controlled substances from foreign countries via the Internet.

* Doesn't take insurance and requires all payments to be made with a 
credit card, often only certain cards.

* Limited number of drugs for sale.

* Advises you to have the drugs sent to a post office box or other 
location to avoid detection.

* Does not allow a customer to continue unless the "right" 
information is entered into a questionnaire, such as a height and 
weight associated with need for a weight-loss drug.

Source: Drug Enforcement Administration 
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MAP posted-by: Richard Lake