Whosoever is spared personal pain must feel himself called to help in diminishing the pain of others.
Dr Albert Schweitzer



Other Related Topics >> Laws, Regulations, and Enforcement

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anxietystruk
Newbie


Reged: 01/13/04
Posts: 29
ok now im really confused!!
      #136543 - 02/12/04 05:10 PM

ok....i had asked on previous posts whether IOP and OP usage is legal or not. and for the most part i think i got it. but now im confused again. are the OP's that dont require records , use only online consultations, and only prescribe limited meds due to the way they prescribe to keep things legal, ........are these still legal? such gray areas. im trying to find actual laws that state what is "right" and "not right". i know that OP's that require records etc. are completely legal. IOP's are not. so where does that leave the OP that still uses just the online consult. I have found numerous sites that still do this type of procedure....most using hope mills as the main pharm/company. can anyone shed some light my way once again. i know all this may seem silly to ask and such but i just really am trying to understnad exactly how everything is working these days. thanks so much you guys. hopefully ill hear something soon....the anxiety is building!!! (haha)

anxietystruk


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Curtisd3
Newbie


Reged: 01/29/04
Posts: 49
Loc: Michigan
Re: ok now im really confused!! [Re: anxietystruk]
      #136578 - 02/12/04 07:54 PM

I think it's a great question! I, too, tried to find things on the fda's website and that's about as far as I got with no real luck. They did offer precautions stating that "such doctor-patient relationships (referring to the OP's that require records and an actual consultation) don't allow the doctor to get to know the patient." That's not a direct quote, but pretty close. All I have to say to that is face to face consultations aren't (in my exp.) any better and can often leave the patient feeling worse than when he/she went in. Good luck on your search! There are some very bright people around here so I'm sure you'll find your answers.
Curtisd3


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gottadoit
Enthusiast


Reged: 10/21/03
Posts: 269
Re: ok now im really confused!! [Re: anxietystruk]
      #136581 - 02/12/04 07:57 PM

This is a tough one - and you are right in saying that these US ops that only require a questionairre are in a "gray area" of the law. These are the sites that get busted and then pop up again with different name (some come back with the same name) but the websites are so similar there is no denying who they are. Buymeds, tropical, uspharmacyrx were all recently shut down. Only buymeds is back (still selling controlled meds). Supposedly, buymeds changed their policy and now requires records or a port a medic exam, however, I haven't heard of anyone that actually had to produce records or have the exam. They are probably not going to last very long. But - there is just SO much money to be made. Even if they only last a few more months think of the millions they are making in that short amount of time. You wrote that you were looking for the laws or legistlation on this. Good luck. If you find something, please share it with the rest of us. As far as I know - there are NO laws on this. Internet medicine, as of right now, is unregulated. There are people in LE and politics that want to change that, but it takes a LONG time to pass legislation and have a law signed into effect. However, just because there are not laws specifically pertaining to ops, there are other laws that apply. Laws against doctor shopping or "double dipping" can be applied (Rush is being investigated for doctor shopping). There are several members here that know the law very well, hopefully they will chime in.

IMHO I think it is the safest option (for those that have to us ops to survive because the "real" doctors will not adequately treat their pain) to only use ONE US OP that requires records and and a telephone consult.


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manoman
Journeyman


Reged: 12/29/03
Posts: 54
Loc: Warm part of the Sun
Re: ok now im really confused!! [Re: anxietystruk]
      #136597 - 02/12/04 08:56 PM

The fact is, they are all just different shades of gray.

I doubt there is anyone anywhere that can tell you what is 100% legal, and what is not. It depends on many factors, such as what you buy, how much, who it comes from, what jursidiction you live in, and how a given authority interprets our ever changing laws and regulations.

Buying from an OP with appropriate medical records and consults is certainly going to be "darker gray" than buying from places with only a questionnaire.

IMHO, common sense is the key. If it feels wrong, it probably is.


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sam001
Journeyman


Reged: 02/03/04
Posts: 68
Loc: Nordstroms
Re: ok now im really confused!! [Re: manoman]
      #136600 - 02/12/04 09:18 PM

I'd sure like to know the different shades of gray also. I tried reading the FDA website. In addition, it seems like many OPs are adding states that they do not ship to. Nevada added some new laws/regulations regarding physician relationships, not sure what other states are looking at doing. Some of the states affected may have something to do with the OP's physician's license. I think Arizona is currently looking at more restrictive regulations also.

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PlyrLacy
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Reged: 12/29/01
Posts: 242
Loc: Mid-Atlantic, USA
Re: ok now im really confused!! [Re: sam001]
      #136606 - 02/12/04 09:42 PM

Don't look for trouble. And if you think you're confused look at what LE is really facing. We are talking about websites in one state, a doctor in another, and the pharmacy in yet another.

Three jurisdictions all governing the same businesses in different states is a nightmare. But a blessing for the patients since these situations are nearly impossible to regulate, particularly with the current legislation.

It's not that confusing. International OP use is against the law. It is illegal to import controlled medications into the country without a permit, for personal use or any other reason. Online questionnaires do not provide for a proper doctor/patient relationship by any standards. The precise reason these OPs keep getting shut down. The gray area pertains to telemedicine utilizing telephone consultations. There is an amount of doctor/patient contact with records. The gray comes from a lack of face to face contact, which in some states, is necessary to establish the correct relationship.

At the current time LE is not targeting patients for the most part. I'm sure someone will jump in here and dispute this, however, after reading several states Medical Board websites, I have found that their primary targets are the doctors. This is why we have seen so many license suspensions in the past 2 years.

If stressing over this situation and analyzing the use of IOPs and OPs causes this much anxiety, perhaps a good ole face to face doctor/patient relationship is best for you.

Take care,

--------------------
"Lacy"

Work like you don't need the money, love like you've never been hurt and dance like no one is watching.



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lemongrass
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Reged: 09/23/03
Posts: 361
Loc: IL
Re: ok now im really confused!! [Re: PlyrLacy]
      #136877 - 02/13/04 02:32 PM

PlyrLacy

Quote:

If stressing over this situation and analyzing the use of IOPs and OPs causes this much anxiety, perhaps a good ole face to face doctor/patient relationship is best for you.




You know, I think you need to get a life or find another hobby. I don't much care for the tone you set off around here. Yes, I'm disgusted and it's rare for me to feel that way towards another fellow member of DB, or another human being for that matter. You are a real piece of work. Can you maybe take your unsolicited advice elsewhere? I've got such a bad, bitter taste in my mouth right now.

lemongrass


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booker
Board Addict


Reged: 08/15/03
Posts: 348
Loc: The Moon
Re: ok now im really confused!! [Re: lemongrass]
      #136887 - 02/13/04 03:00 PM

Plyrlacy doesn't appear to be showing much empathy here today. Thank you, lemongrass, for saying what some of us were thinking also. Perhaps Plyrlacy will look back over her posts and see her sensitivity has been questionable.

--------------------
"would you like to swing on a star, carry moonbeams home in a jar, and be better off than you are, or would you rather be a ....."


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lemongrass
Board Addict


Reged: 09/23/03
Posts: 361
Loc: IL
Re: ok now im really confused!! [Re: booker]
      #136898 - 02/13/04 03:14 PM

Thank you, Booker.

This has always been a place of comfort and compassion for me. I don't like seeing others being beat-up, insulted, interrogated, abused, accused, or mistreated, but when others respond that way, you can bet they will receive the same from me in kind. We have to advocate for one another and we NEED one another. If some people can't get with the program and understand the need of this board, then they may as well go elsewhere. It really disturbs me! CPer's don't need to be hassled. We get enough of that already from our uncaring docs and the government.

I hope we can move along and enjoy one another's company from here on. Of course we can't expect everything to always be peachy around here, but we certainly do have a right to express our disappointment and disapproval of another being so critical of others needlessly, especially when they haven't a clue about another person's history or what they've been through.

Anyway, carry on all! Here's to many pain-free days to you all and HAPPY VALENTINE'S DAY!

lemongrass


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wren
Enthusiast


Reged: 06/01/02
Posts: 284
Loc: up north & homesick for the di...
Re: ok now im really confused!! [Re: booker]
      #137348 - 02/14/04 04:43 PM

I really hate to say it but I am pretty sure she went off on some poor girl who posted about a really severe pain flare the other night too.I guess I can see negative posting about an OP not doing their job but to go off on individuals obviously in trouble one way or the other is just deplorable. HAPPY VALENTINES DAY!!!!!!!!!!!!! WREN'

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tray1
Enthusiast


Reged: 11/22/03
Posts: 241
Loc: US
Re: ok now im really confused!! [Re: wren]
      #137400 - 02/14/04 06:16 PM

Yes I agree we all have enough greif without being attacked in our own little sanctity, Maybe she doesnt realize how harsh she is comming accross and this will open her eyes a bit. We all need to support each other not tear each other to shreds, we have had enough of that already!

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daisyrn
Journeyman


Reged: 01/06/04
Posts: 52
Re: ok now im really confused!! [Re: tray1]
      #137428 - 02/14/04 07:30 PM

I have to say, Im new here and you guys have been really lifesavers for me! We should all be here and support one another as we are all( or most of us) are in the same boat. Special thanks to Booker for all the questions answered
Sorry if this posted in the wrong place, just wanted to add my thoughts and thanks!


D


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anxietystruk
Newbie


Reged: 01/13/04
Posts: 29
Re: ok now im really confused!! [Re: lemongrass]
      #137774 - 02/15/04 08:12 PM

lemongrass (and everyone else),

thank you for your added support after the little thread from the not so nice poster. it was greatly appreciated,and i am sorry i havent said thank you sooner...........thank you again...

anxietystruk


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