Bill summaries are authored by CRS.

Shown Here:
Passed Senate amended (04/01/2008)

Ryan Haight Online Pharmacy Consumer Protection Act of 2008 - Amends the Controlled Substances Act to prohibit the delivery, distribution, or dispensing of controlled substances over the Internet without a valid prescription. Exempts telemedicine practitioners.

Defines "valid prescription" as a prescription that is issued for a legitimate purpose by a practitioner who has conducted at least one in-person medical evaluation of the patient.

Adds definitions to the Controlled Substances Act relating to online pharmacies and the issuance of prescriptions over the Internet.

Imposes registration and reporting requirements on online pharmacies.

Requires an online pharmacy to: (1) display on its Internet homepage a statement that it complies with the requirements of this Act; (2) comply with state laws for the licensure of pharmacies in each state in which it operates or sells controlled substances; (3) post on its Internet homepage specified information, including the name, address, and telephone number of the pharmacy, the qualifications of its pharmacist-in-charge, and a certification of its registration under this Act; and (4) notify the Attorney General and applicable state boards of pharmacy at least 30 days prior to offering to sell, deliver, distribute, or dispense controlled substances over the Internet.

Authorizes the Attorney General to issue a special registration under this Act for telemedicine practitioners.

Increases criminal penalties involving controlled substances in Schedules III, IV, and V of the Controlled Substances Act.

Authorizes states to apply for injunctions or obtain damages and other civil remedies against online pharmacies that are deemed a threat to state residents.

Requires the U.S. Sentencing Commission, in determining whether to amend or establish new sentencing guidelines to conform the guidelines and policy statements to this Act, to consult with the Department of Justice (DOJ), experts, and other affected parties concerning which penalties for scheduled substances should be reflected.

Requires the Drug Enforcement Administration (DEA) to report to Congress after the enactment of this Act and annually for two years after such initial report on: (1) the foreign supply chains and sources of controlled substances offered for sale without a valid prescription on the Internet; (2) DEA efforts and strategy to decrease such foreign supply chains; and (3) DEA efforts to work with domestic and multinational pharmaceutical companies and others in combating the sale of controlled substances over the Internet without a valid prescription.