DrugBuyers.Com: New OP in R&D phase consider CII's

I noted that Billyill. Here is the DEAs response to that . . . again nowhere does the phrase "face to face" come into play. Also, VERY IMPORTANTLY common law holds that a bonafide relationship DOES exist through electronic communication between doctor and patient.

Keep in mind I do know that AMA has issued ethical guidelines for prescribing Oxycontin or any schedule IIs which is very heavily looked upon as we all know . . . . I do NOT think that any online facility can precribe that and keep their doors open for long . . the AMA best practices goes as far as to suggest random urine samples of the patients to make sure there is no diversion going on.

As you review this law below, note again, it does NOT state specifically that the prescribing doctor is the one who does the physical (although the AMA does recommend this) . . . only that one has been done. Eveyone keeps missing this POINT . . . we are not just relying on an online questionnaire and by doing this it puts us in the gray acceptable area of the law per DEA, per Code of Federal Regulation, and per all State Laws. Obviously, this is how the "medical clinics" that are still up and running are staying in business as I noted earlier.

DEA NOTES taken from DEAs website. http://www.deadiversion.usdoj.gov/fed_regs/notices/2001/fr0427.htm

AMA Guide to internet prescribing

H-120.949 Guidance for Physicians on Internet Prescribing

Our AMA provides the following guidance for physicians on the appropriate use of the Internet in prescribing medications: (a) Criteria for an acceptable patient (clinical) encounter and follow-up:

Physicians who prescribe medications via the Internet shall establish, or have established, a valid patient-physician relationship, including, but not limited to, the following components. The physician shall: i.obtain a reliable medical history and perform a physical examination of the patient, adequate to establish the diagnosis for which the drug is being prescribed and to identify underlying conditions and/or contraindications to the treatment recommended/provided; ii.have sufficient dialogue with the patient regarding treatment options and the risks and benefits of treatment(s); iii as appropriate, follow up with the patient to assess the therapeutic outcome; iv.maintain a contemporaneous medical record that is readily available to the patient and, subject to the patients consent, to his or her other health care professionals; and v.include the electronic prescription information as part of the patient medical record. Exceptions to the above criteria exist in the following specific instances: treatment provided in consultation with another physician who has an ongoing professional relationship with the patient, and who has agreed to supervise the patients treatment, including use of any prescribed medications; and on-call or cross-coverage situations.

(b) Licensure

Physicians who prescribe medications via the Internet across state lines, without physically being located in the state(s) where the patient (clinical) encounter(s) occurs, must possess appropriate licensure in all jurisdictions where patients reside. An exception to this requirement is when the clinical encounter with the patient, as described in recommendation 1(a) above, occurs in the state where the physician is licensed and his or her practice is located, and the state where the patient resides allows electronic prescriptions from out-of-state prescribers.

(c) Security of patient information

Physicians who prescribe via the Internet should transmit prescriptions over a secure network (i.e., provisions for password protection, encrypted electronic prescriptions, or other reliable authentication techniques [e.g., AMA Internet ID]) in order to protect patient privacy.

(d) Disclosure of identifying information on Web sites

Physicians who practice medicine via the Internet, including prescribing, should clearly disclose physician-identifying information on the Web site, including (but not necessarily limited to) name, practice location (address and contact information), and all states in which licensure is held. Posting of actual physicians license numbers (e.g., the DEA number) is unnecessary.

(e) Liability exposure

Physicians should be aware that they may increase their liability exposure by prescribing medications to individuals solely through online interactions (e.g., online questionnaire or online consultation). (BOT Rep. 7, A-03)