WASHINGTON – The U.S. House of Representatives late Tuesday night passed legislation introduced by Representatives Bart Stupak (D-Mich.), Lamar Smith (R-Texas) and Mary Bono Mack (R-Calif.) to eliminate rogue pharmacies operating on the Internet and protect the safety of consumers who fill legitimate prescriptions online.  The legislation is designed to stop Internet pharmacies that sell controlled substances without a valid prescription.

H.R. 6353, the Ryan Haight Online Pharmacy Consumer Protection Act of 2008, is a companion to legislation introduced in the U.S. Senate by Sen. Dianne Feinstein (D-Calif.).  It passed the House unanimously.  Changes were made to the legislation during a House Energy and Commerce Committee hearing last week and it must now go back to the Senate for final approval.

“Hundreds of Internet sites are selling, or offering to sell, controlled substances to almost anybody without a prescription and little action has been taken to address the problem,” Stupak said.  “Our legislation will counter this growing trend and ensure all controlled substances purchased on the Internet are legitimate.  With the help of my colleagues in the House and Senate, I hope to soon see the president sign this bill into law.”

“Today’s vote is an important step towards addressing prescription drug abuse,” said Smith, Ranking Member of the House Judiciary Committee.  “According to the Office of National Drug Control Policy, prescription drugs now rank second—only behind marijuana—as America’s drug of choice.  An estimated seven million Americans are addicted to prescription drugs and teenagers are especially vulnerable, in large part because of their availability on the Internet.  By prohibiting the online sale or distribution of all controlled substances without a valid prescription, this bill helps prevent prescription drug abuse and will save American lives.”

“Prescription drug abuse affects millions of Americans,” said Bono Mack.  “Too many individuals have the false perception that prescription medications are not as dangerous as street drugs.  Making these medications so easily – and unlawfully – accessible online can have devastating consequences.  It is time that we update the archaic laws governing online pharmacies and ensure more adequate protection for consumers.” 

“Today, we’re one step closer to ending the practice of rogue pharmacies on the Internet. We can no longer stand back and allow these outfits to sell highly addictive medications to anyone with a computer mouse and a credit card,” Senator Feinstein said.  “I want to thank my colleagues in the House for pushing hard to get this important legislation passed. I look forward to this bill passing the Senate later this week and heading to President Bush for his signature.”

A 2004 Government Accountability Office (GAO) study obtained 68 samples of 11 different prescription drugs, each from a different website.  GAO found that 45 online pharmacies provided a prescription based on their own medical questionnaire or had no prescription requirement at all.  Among the drugs GAO obtained without a prescription were those with special safety restrictions and highly addictive narcotic painkillers.

Drug Enforcement Agency (DEA) investigations have discovered 14 deaths or overdoses from drugs obtained over the Internet.  The tragic case of Ryan Haight is just one example of a rapidly spreading problem.  Ryan died at the age of 18 from an overdose of painkillers, including Vicodin, he ordered over the Internet at age 17 without a legitimate prescription.

The legislation would amend the Controlled Substances Act to counter the growing sale of controlled substances over the Internet without adequate medical oversight.  Specifically, the legislation would:

• Bar the sale or distribution of all controlled substances (Schedule I, II, III, IV and V drugs) via the Internet without a valid prescription.

• Require online pharmacists to display information identifying the business, the pharmacists and any physician associated with the website providing the drugs.

• Clarify that pharmacies that continue to operate outside the law will be governed by the current federal penalties against illegal distributions.

• Increase the penalties for all illegal distributions of controlled substances classified as Schedule III, IV or V substances.
  
• Create a new federal cause of action that would allow a state attorney general to shut down a rogue site selling controlled substances in any state.