Amid an economic crisis, Congress found some time this week to address online threats to children.
The Protect Our Children Act, introduced by Sen. Joe Biden, D-Del., made it through the Senate on Thursday. Separate bills authored by Sens. John McCain and Hillary Clinton were folded into the legislation, which authorizes more than $320 million for the Justice Department over the next five years for, among other things, the Internet Crimes Against Children Task Force. The bill would affect how Internet companies report online child pornography to authorities, and it approves funds for law enforcement to focus on online child exploitation.
The House of Representatives on Tuesday passed the Ryan Haight Online Pharmacy Consumer Protection Act, a bill that would would ban the sale or distribution of prescription drugs over the Internet without a valid prescription. Matching legislation passed in the Senate in April, but the House sent its version back to the Senate with amendments on Thursday.
Under the proposed law, online pharmacies would have to comply with pharmacy licensing laws in each state in which they do business and register with the relevant state attorneys general. Some congressmen questioned the impact of the bill, given that so many online pharmacies that distribute drugs without prescriptions are based outside the U.S.
The bill is named after Ryan Haight, an 18-year-old who died from an accidental overdose of Vicodin, Valium, and a trace of morphine, which he acquired with prescriptions over the Internet.
Columbia University's National Center on Addiction and Substance Abuse investigated online pharmacies selling prescription-free drugs this year and found 40 percent of the sites found indicated that the drugs would be shipped from outside the U.S., according to Susan Foster, CASA's vice president and director of policy research and analysis. Another 36 percent did not indicate a location.
Christine Jones, general counsel for Internet domain registrar Go Daddy, said the bill would still be effective.
"It doesn't matter where the Web site operator is," Jones said. "If I can't find their name on the list of approved sellers, that makes that Web site illegal."
Online pharmacies will face stricter regulations under new legislation Congress is considering.
The Ryan Haight Online Pharmacy Consumer Protection Act would ban the sale or distribution of prescription drugs over the Internet without a valid prescription. In order for a prescription to be valid, it must be issued by a practitioner who has examined the patient in person at least once.
The legislation provides an exemption, though, for "telemedicine practitioners"--that is, practitioners (not pharmacists) communicating remotely with the patient or the health care professional treating the patient.
Under the proposed law, online pharmacies would have to comply with pharmacy licensing laws in each state in which they do business. They would also have to notify the Attorney General and relevant state boards at least 30 days before beginning to sell or distribute prescription drugs online. If in a month an online pharmacy dispenses 100 or more prescriptions or 5,000 or more dosage units of prescription drugs, that pharmacy would be required to report to the Attorney General the quantity of each controlled substance it dispensed each month.
Certain information would be required to appear on an online pharmacy's site, including a statement of compliance with U.S. laws and information about the business such as the qualifications of the pharmacist in charge. The bill also increases the penalties for the illegal distribution of certain controlled substances.
Rep. Bart Stupak, D-Mich., introduced the bill into the House in June, and the House Energy and Commerce Committee on Wednesday unanimously approved it. Matching legislation passed in the Senate in April.
"A large number of individuals are obtaining their prescription drugs over the Internet through rogue Internet pharmacies," Stupak said. "Several of these illegitimate sites fail to provide information about potential adverse side effects, effectiveness, and even where they are located."
The bill is named after Ryan Haight, an 18-year-old who died from an accidental overdose of Vicodin, Valium, and a trace of morphine, which he acquired with prescriptions over the Internet.
The Drug Enforcement Agency, the Food and Drug Administration,
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