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#679862 - 04/06/08 11:58 AM
Re: "Ryan Haight Online Consumer Protection Act" (S980)
[Re: RubixCubeTO]
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Banned. Same as dunnomuch, mike3308jones, jbeal
Stranger
Registered: 03/06/08
Posts: 22
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Unfortunately, if you read the entire bill, it will end the OCS business as we know it. It defines a valid relationship as a "face to face" unless the acting doctor is specifically working with a patient on behalf of the PCP. This means in comminication with and upon specific request of the PCP. Some wonder then how will certain government programs continue to operate, such as VA mail order and medicare/medicaid mail order ... well, if you read the bill in its entirety there are exemptions for doctor networks over 100 strong, especially those working in cooperation with government programs and certain programs involving insurance networks and such. We need to do what we can as far as making our voices heard when it comes to services offering legal patient services that do adhere to the federal guidelines. They are using this kids face as propaganda to demonize a part of the industry that has been long extinct, but yet take this horrible facet that once existed and group all services in with their unscrupulous behavior. This bill is a serious threat to ending access to a wonderful, legitimate, and beneficial medical service to hundreds of thousands of patients.
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#679876 - 04/06/08 12:40 PM
Re: "Ryan Haight Online Consumer Protection Act" (S980)
[Re: Ruggie]
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Pooh-Bah
Registered: 11/17/04
Posts: 1077
Loc: In God's Grace in Austin!
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One hope is that this bill will not make it through the next hurdles in time to pass to the President for his signature. It still has to make it out of committee in the House, be read, lay on the table, have a second reading, be debated, have a third and final reading, pass the House, then go to a Senate-House Conference Committee to work out the differences between the Senate and House versions, then the Senate and House must each pass the Conference Report, and then it must be transmitted to the President for his signature or veto (not likely to be vetoed). If all of this does not get done by the time Congress adjourns in December, then the bill is dead as legislation may not pass from one Congress to the next (it can carry over from the first to the second session, but NOT from one Congress to the next one). Delay seems to be the best hope for this bill to be killed at this point.
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#679974 - 04/06/08 04:03 PM
Re: "Ryan Haight Online Consumer Protection Act" (S980)
[Re: tigersmom]
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Enthusiast
Registered: 09/29/05
Posts: 208
Loc: citius altius fortius
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In addition to the dramatic impact on online pharmacies, it appears that message boards such as this one may experience legal difficulties if S.980 passes. Below are several quotes from the text of amendments to S.980 contained in S.AMDT.4383 and found on page S:2304 Amendment SA 4383 was agreed to in Senate by Unanimous Consent on 4/1/08 Status of S.980 (THOMAS)Section 401 of the Controlled Substances Act (21 U.S.C. 841) is amended by adding at the end the following:
``(g) Offenses Involving Dispensing of Controlled Substances by Means of the Internet.--(1) It shall be unlawful for any person to knowingly or intentionally--
``(A) deliver, distribute, or dispense a controlled substance by means of the Internet, except as authorized by this title; or
``(B) aid or abet (as such terms are used in section 2 of title 18, United States Code) any activity described in subparagraph (A) that is not authorized by this title.
``(2) Examples of activities that violate paragraph (1) include, but are not limited to, knowingly or intentionally--
``(A) delivering, distributing, or dispensing a controlled substance by means of the Internet by an online pharmacy that is not validly registered with a modification authorizing such activity as required by section 303(f) (unless exempt from such registration);
``(B) writing a prescription for a controlled substance for the purpose of delivery, distribution, or dispensation by means of the Internet in violation of section 309(e);
``(C) serving as an agent, intermediary, or other entity that causes the Internet to be used to bring together a buyer and seller to engage in the dispensing of a controlled substance in a manner not authorized by sections 303(f) or 309(e) Section 403(c) of the Controlled Substances Act (21 U.S.C. 843(c)) is amended by--
(1) designating the text as paragraph (1); and
(2) adding at the end the following:
``(2)(A) Except as authorized by this title, it shall be unlawful for any person by means of the Internet to knowingly advertise the sale or distribution of, or to offer to sell, distribute, or dispense, a controlled substance.
``(B) Examples of activities that violate subparagraph (A) include, but are not limited to, knowingly or intentionally causing the placement on the Internet of an advertisement that refers to or directs prospective buyers to Internet sellers of controlled substances who are not registered with a modification under section 303(f).
Z
_________________________
"Earth provides enough to satisfy every man's need, but not every man's greed." (Mahatma Gandhi)
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#679979 - 04/06/08 04:13 PM
Re: "Ryan Haight Online Consumer Protection Act" (S980)
[Re: TheMoodyBlue]
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GRAND Pooh-Bah
Registered: 12/01/04
Posts: 1445
Loc: AL
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One hope is that this bill will not make it through the next hurdles in time to pass to the President for his signature. It still has to make it out of committee in the House, be read, lay on the table, have a second reading, be debated, have a third and final reading, pass the House, then go to a Senate-House Conference Committee to work out the differences between the Senate and House versions, then the Senate and House must each pass the Conference Report, and then it must be transmitted to the President for his signature or veto (not likely to be vetoed). If all of this does not get done by the time Congress adjourns in December, then the bill is dead as legislation may not pass from one Congress to the next (it can carry over from the first to the second session, but NOT from one Congress to the next one). Delay seems to be the best hope for this bill to be killed at this point. It took over a year in the Senate for it to be voted on and passed there. There is a decent chance that if we ALL contact our reps we may get the bill hung up for a while. Our only hope for now is getting it delayed.
_________________________
Cant I take away all this pain. (you wanna see the light) I try to every night, all in vain... in vain.
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#681870 - 04/10/08 10:10 AM
Re: "Ryan Haight Online Consumer Protection Act" (S980)
[Re: aught]
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Administrator
GRAND Pooh-Bah
Registered: 11/18/01
Posts: 6596
Loc: DrugBuyers.Com
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In addition to the dramatic impact on online pharmacies, it appears that message boards such as this one may experience legal difficulties if S.980 passes. Below are several quotes from the text of amendments to S.980 contained in S.AMDT.4383 and found on page S:2304 Amendment SA 4383 was agreed to in Senate by Unanimous Consent on 4/1/08 Status of S.980 (THOMAS)Section 401 of the Controlled Substances Act (21 U.S.C. 841) is amended by adding at the end the following:
``(g) Offenses Involving Dispensing of Controlled Substances by Means of the Internet.--(1) It shall be unlawful for any person to knowingly or intentionally--
``(A) deliver, distribute, or dispense a controlled substance by means of the Internet, except as authorized by this title; or
``(B) aid or abet (as such terms are used in section 2 of title 18, United States Code) any activity described in subparagraph (A) that is not authorized by this title.
``(2) Examples of activities that violate paragraph (1) include, but are not limited to, knowingly or intentionally--
``(A) delivering, distributing, or dispensing a controlled substance by means of the Internet by an online pharmacy that is not validly registered with a modification authorizing such activity as required by section 303(f) (unless exempt from such registration);
``(B) writing a prescription for a controlled substance for the purpose of delivery, distribution, or dispensation by means of the Internet in violation of section 309(e);
``(C) serving as an agent, intermediary, or other entity that causes the Internet to be used to bring together a buyer and seller to engage in the dispensing of a controlled substance in a manner not authorized by sections 303(f) or 309(e) Section 403(c) of the Controlled Substances Act (21 U.S.C. 843(c)) is amended by--
(1) designating the text as paragraph (1); and
(2) adding at the end the following:
``(2)(A) Except as authorized by this title, it shall be unlawful for any person by means of the Internet to knowingly advertise the sale or distribution of, or to offer to sell, distribute, or dispense, a controlled substance.
``(B) Examples of activities that violate subparagraph (A) include, but are not limited to, knowingly or intentionally causing the placement on the Internet of an advertisement that refers to or directs prospective buyers to Internet sellers of controlled substances who are not registered with a modification under section 303(f).
Z Which of those do you think would affect our site and what would have to change?
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