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A prescription for a controlled substance is valid only if it is written by a DEA-registered practitioner acting within the course of professional practice. This includes having an established doctor-patient relationship based upon a medical history, a physical exam and diagnosis. There must be a logical connection between the medical diagnosis and the controlled substance prescribed. A prescription written based soley upon an on-line questionnaire does not meet these requirements. It is not a valid prescription and the distribution of any controlled substance pursuant to an invalid prescription is illegal.
I'm unsure about specific state laws presently in force, but my argument here is that the DEA has to proove that a physician-patient relationship DOES NOT EXIST in the circumstance that a doctor makes a phone consultation WITH medical records. The records slash phone consult occurs frequently everyday with regular on-call doctors who call in meds to pharmacies without ever having "examined" the patient. So, by default, I would imagine that unless the DEA plans on shutting down after-hours call services and on-call physicians by phone, they cannot make a legal argument against OPs prescribing with records and phone consult.
-------------------- Never underestimate the predictability of stupidity.
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Re: DEA - Records Comments About On-Line Pharmacies
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