Government Technology

Ryan Haight Act will Require Tighter Restrictions on Internet Pharmacies



October 2, 2008 By

of an unscrupulous doctor who willingly issues prescriptions to "patients" throughout the country whom the doctor never sees and without a pre-existing bona fide doctor-patient relationship.

The act also requires an endorsement from the DEA before a pharmacy can dispense controlled substances via the Internet. This endorsement is in addition to the registration a pharmacy holds for its brick-and-mortar operation, and it allows law enforcement to clearly identify internet sites where controlled substances can be sold.

Rogue Internet pharmacies are generally supplied by DEA-registered brick-and-mortar pharmacies, according to the agency. Typically, these brick-and-mortar pharmacies have little or no walk-in customers and do most or all of their business online. In some instances, criminal organizations purchase legitimate "mom and pop" brick-and-mortar pharmacies, use them to supply to the operation for just a few months and then walk after taking in substantial cash.

Rather than try to block all online pharmaceutical sales, the Ryan Haight Act will put online pharmaceutical sales on an equal regulatory footing with those sales through a brick-and-mortar facility. The act requires an endorsement of an existing registration to allow existing pharmacies to sell controlled substances online. This means law enforcement will be able to carefully scrutinize all applications for such registration and be able to easily separate legitimate and illegitimate Internet operations.

The act will also enhance penalties for unlawfully dispensing controlled substances in Schedules III through V. A schedule is a category of drug defined in the Controlled Substances Act of 1974 and subject to regulation by the DEA. Vicodin, which Haight ordered over the Internet without seeing a doctor, is a Schedule III drug. Schedule III also includes ephedrine and Anabolic steroids. Schedule IV includes Xanax and Ambien and the anti-seizure medication Phenobarbital. Robitussin cough syrup is classified as a Schedule V drug.

Criminals are aware of the low penalties associated with Schedule III and Schedule IV substances, and they generally refrain from selling schedule II substances, according to the Drug Enforcement Administration. Schedule II drugs include cocaine, Ritalin and PCP. These changes to maximum penalties apply to all illegal distribution, not just those occurring over the Internet.

Another provision would give the Attorney General of each state the ability to bring a civil action in a federal district court to enjoin the actions of an online pharmacy operating in violation of its provisions. To bring such an action, the state would be required to have given the U.S. Attorney General prior written notice, giving the Attorney General the opportunity to intervene in the litigation.

This would help ensure that state and federal enforcement authorities can work in partnership with each other and that individual states are able to take effective enforcement action. Under current law, a state Attorney General's enforcement authority against an online pharmacy is limited to the geographic boundaries of that state, which causes significant challenges when a case involves illegal activity over the Internet.

While Haight's death at such a young age when he showed so much promise is tragic, what is even more so is that deaths like his are highly preventable. And while the bill that bears his name is a step in the right direction, it only addresses the supply side of the problem. Its provisions may provide consumers with enough information to give them pause about doing business with an Internet pharmacy; but for a person in such desperation he or she needs to procure drugs over the Internet that may not be enough. And criminals who set up shop online are likely not going to be given much pause either. Therefore, a thorough answer to the problem should be founded on educating people to the point where they don't even think to reach for drugs, even in the most desperate straights. Or at least consult a real physician -- not an Internet site.


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Comments

Anonymous    |    Commented October 17, 2008

great! lets make a law for every stupid thing every stupid person does. so we don't have to take responsibility for our own actions. they sure solved the problem of people drinking to much and cocaine addiction. Criminalize every action. Slowly and steadily, they are creeping into every facet of our lives and always with the tragic story of ONE person as a precursor to justify some stupid bill that just makes life hard on everyone. Here's an idea, teach your kids right from wrong. but keep in mind he could have procured any number of drugs any number of ways -- besides that, there are many many more important issues that their time could have gone into, they act like they have to"combat" anything that kills people. Except when someone has a true illness that they can't afford tratment for and they invariably die ... where's the law protecting them?

Anonymous    |    Commented October 29, 2008

Again we are solving nothing, decreasing supply never works without decreasing demand. This should help put the drug users back to buying drugs from the corner where Ryan would have got his drugs anyway. At least the pharmacies are paying taxes

cindy poppen    |    Commented October 30, 2008

You don't o.d. if you were a happy person to start with. Parents are the ones responsible for the actions of their kids, not the internet.

Moreen    |    Commented November 1, 2008

This is stupid. He must have taken alot to stop breathing which sounds like abuse to me. So now, everyone gets punished?

heimudan    |    Commented November 5, 2008

This is outrageous. This kid orders meds and now they make a law. Does his mother feel better. There are people in pain who have no insurance and no other way to get meds. Parents watch your kids and there credits cards and there computers. Governments stay out of private affairs.

Anonymous    |    Commented November 10, 2008

They didn't mention he took 12 Vicodin. In my opinion you don't take 12 because your "back hurts from work". You take 12 to get high. He was a druggie. Now all suffer

Jennifer    |    Commented December 15, 2008

If he was in so much pain, why his parents are not taking care of him? Why is he seeking internet for his pain relieve? Where are his parents? Illegal drug seeker will get their drug no matter how hard you tighten the rule. It takes a lot to over dose on Vicodin. This kid is drug addict. If there is no internet, he would get it elsewhere.

Just a Kim    |    Commented January 3, 2009

I don't think so....it's about Government Control over the internet and over us.

Anonymous    |    Commented January 22, 2009

This is one of the worst laws ever put into place by the government. I am sorry that this parents have been put thru hell, but why do they feel a need to disrupt things for everybody else. It is not the fault of any online pharmacy that this kid overdosed. And if he wanted to get the drugs, he didn't need online sources to do so. This law needs to be revoked. We are all adults and don't need the government, once again, telling us what to do.

Steve    |    Commented February 4, 2009

This is another attempt by the ADA to stop people from not being forced to sit in waiting rooms for 3 hours, pay endless consultation fees, involve the government, and continue to strip the freedoms of the American people. Again, this is nothing but a control issue over the rights of the American people. This law is absurd and the Republicans and Democrats worked together to make sure big money doctors can continue to to make their Mercedes and country club payments.

GI Joe    |    Commented February 20, 2009

You don't get it? He liked the way the pills made him feel, and was then he became addicted, everyone of you are addicted! And have to go on-line cause no REAL doctor would give them to you! IF a real doctor would give them to you...... then get medical care, and get them the right way. And being a victim (by marriage) to someone addicted to vicodin, I know where I am coming from. And for that say, well it's cheaper....... the hell it is. YOU GET IT ON-LINE, CAUSE NO REAL DOCTOR WOULD GIVE IT TO YOU PERIOD! My wife (probably) like him, went looking for another way (easier way) to make the pain go away (cause real doctors weren't doing it fast enough, or good enough), not knowing what the end result would be. addicted and no end in site. yeah 12 is a lot, (if that's correct), but as someone earlier said, 18 isn't smart. And yeah, REAL druggies (who were ahead of time) will get their fix, this will just stop the millions who weren't and didn't want to be addicted to a drug, just became that way as to no fault of their own. REAL druggies would have turned to the street corner not on-line (cheaper that way too). Doing stuff the "right" way, always costs more.

Phan Napri    |    Commented February 22, 2009

Why should i NOT order online, I am mature enough, I am responsible enought, I know more than the doctor what i need and I know from experience how to use and how much to take. the law is a stupid law. what happened is your kid got vioden and took too much, HE OVERDOSED, which means he did not take one like the bottle said, he took 4 or 5.. that is what an overdose is. if he had taken one, he would still be alive, why are you using his death to punish us?

Anomymous    |    Commented February 27, 2009

SO this is the LAW that has violated my privacy! If there's going to be a medical privacy law, HIPAA, then it is essential that everyone follow those regulations; even the government! "We" need to voice our disapproval of this new law; HIPAA rules are HIPAA rules; no exceptions!

Dr Z    |    Commented March 11, 2009

GI JOE wrote: You don't get it? He liked the way the pills made him feel, and was then he became addicted, everyone of you are addicted! And have to go on-line cause no REAL doctor would give them to you! ******************** For the sake of argument, let's say you're 100% correct. What business is it of your what other consenting adults choose to put in their bodies? What makes YOU the one who decides what's good or not good for others? You're not in anyone elses shoes and don't know what they're going through. What may not be good for you may be different for others. It's just like the hippocritical govt that bans drugs, yet has lawmakers getting snookered on legal booze.

Anonymous    |    Commented March 12, 2009

Any person can overdose and die from too much alcohol. It happens every year to college kids. What's the point of this law? I hope Obama repeals this ridiculous law based on emotions not intellect.

Mary Ann Taylor    |    Commented March 12, 2009

am sorry for his parents but how much control are we going to give the gov't over us b/c of these occassional tragedies?

Anonymous    |    Commented March 26, 2009

Although I feel bad for Ryans parents, or any parent who loses a child, this new law is a bunch of BS. I've used internet pharmicies before and I have never seen a site where anyone can just purchase vicodin without going through an extensive process. You have to supply current medical records, a photo ID and do a consult with a doctor over the phone. I don't know where or how Ryan got his pills from but he must have gone through a similar process and lied and forged everything. It's also expensive, where did he get the money from? I don't know if it's true but I read where Ryan had alcohol and other drugs in his system. But all the blame goes to the internet pharms. I also wonder how he can get away with this, why weren't his parents watching him. This wasn't the first time he took something and it appears he was a druggie. I do put a lot of the blame on his parents. This law, like other drug laws and gun control laws will do nothing to stop teenagers from getting drugs. It will just make it hard for legitimate people from buying pain medication over the internet. I also seriously doubt there are chat sites where pharmacies entice teens to buy drugs. I'd like to see proof of this. This is just the DEA and congress getting publicity about "We have to save the children".

Anonymous    |    Commented April 1, 2009

I would have to agree with the majority of the posters here. This is a bunk law, based on the cries of a grieving parent who simply wasn't there for their own child. This drug abuse was taking place in the family home, and for some reason "the family" remained completely ignorant to it - or perhaps they just chose to ignore the indicators? This kid was screaming for help - in his own home and on the street, and the family takes no responsibility. No, it's easier to place the blame elsewhere. Well, Ryan was getting drugs from sources other than the internet as well, and he also seemed to have a problem with alcohol - but that part must have been okay, since alcohol is legal.

Anonymous    |    Commented April 1, 2009

Is there a petition we can sign, this is crazy. Teens can get someone to buy alcohol....same thing, shut ABC stores down. What can we do and lets do it.....

Anonymous    |    Commented April 14, 2009

this is absoutely ridiculous! This kid's parents blatently missed the signs and symptoms that their kid was a drug addict. He had complained of back pain but what was even done by them for that? I do agree that many people use internet pharms to "easily & secretly attain" drugs but what about the rest of us? I have only turned to them b/c I have lost my job and suffer from a chronic condition and now I have no medical insurance. For the same amount of money I could go to see my specailist or I could order almost a 6 month supply of the medication that I need for the condition at an online pharmacy. All I am trying to get across is that it's hard enough to get medications as it is, we really don't need to make it any more difficult because of one drug addict!

Will K    |    Commented May 21, 2009

Fantastic, now because this jackass didn't know his limit, I can't get my vics and percs online. Thanks Ryan Haight.

Anonymous    |    Commented February 27, 2010

There wouldn't even be a need for OPs if doctors did their jobs and prescribed pain medications to legitimate patients with legitimately diagnosed chronic pain problems, that's the root problem which leads to a whole host of social problems such as this. The docs are caving like cowards to Big Brother and rather than provide help, they dump patients leaving them no choice but to use OP. I don't advocate using an OP, but it's a bad situation where people have no other option because of proper lack of caring medical attention. It's time that chronic pain patients rose up and started a movement and testifying in front of Congress about this epidemic of NO pain management!!!

TMcG    |    Commented September 2, 2010

because Ryan acted criminally and punished his parents with his own death; because of somebody else, I am treated like I am the criminal. My crime being that I was injured and am simultaneously suffering from degenerative arthritis. My need to procure narcotics to relieve my pain is met with $250 urine tests and other scads of testing--often not totally covered by insurance that the pain managers require the legitimate obtainers to go through. We must look like $$$$$$$ to the physicians who chose to go into "pain management". Primary care docs will have nothing to do with us. There must be $ in the referrals. A person in pain doesn't feel the party those abusers seek, yet we are the ones under scrutiny verging on mental abuse. Face-to-face pain docs are getting paid scads of cash to police their patients while treating them in a very assembly-line manner. Milk us for the Benjamins and keep us jumping through the hoops as long as the cash cow keeps coming.

I have wished my pain on those peeps who are responsible for extending my emotional grief. I am so sorry for their losses. Because of someone like them, I am treated like a criminal. It has caused me debilitating clinical depression.There are many horror stories like Ryan's. others who have killed THEMSELVES with narcotic pain relievers. Not too smart after all. There are kids who haven't killed themselves with pills but are KILLING OTHER INNOCENT PEOPLE with alcohol. Do you hear me? ALCOHOL re-aim your focus where it would go over better and more productively. doctors shouldn't be required to police the innocent...

Anonymous    |    Commented August 7, 2012

Exactly! Well you should thank his mom. She wanted to blame someone else for her child's death so she blamed the internet, and made it difficult on everyone else. Including people who use it for legitimate reasons. Hope she feels better. I wonder how big of an impact she left on overdose statistics. I bet they've dropped dramatically.... OH WAIT, they have actually INCREASED! (At least here in KY) So really you've done nothing to help. Probably just made it worse because this was a safe way for people to get medicine. Now people are forced to hit the streets and rob pharmacies. Good Job Mrs. Haight!

What a joe    |    Commented August 29, 2012

Drug Addicted Kid.. Idiot Mother!


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