The regulation of online pharmacies and doctors consists of a patchwork of federal and state laws in an array of areas. At the federal level, the Food and Drug Administration (FDA) regulates prescription drugs under the Federal Food, Drug, and Cosmetic Act (FFDCA), which governs, among other things, the safety and efficacy of prescription medications, including the approval, manufacturing, and distribution of such drugs. Online prescription drug sales by both U.S.-based and foreign Internet pharmacies may raise additional legal questions involving drug importation. Like NABP, FSMB has developed a specific policy with regard to online pharmacies and doctors that prescribe drugs over the Internet.
This report provides a legal analysis of issues related to prescription drug sales on the Internet, including issues involving online pharmacies and physicians who prescribe medications over the Internet. Specifically, this report provides an overview of the various federal and state laws that regulate this field, including laws and regulations covering prescription drugs, controlled substances, doctors, and pharmacies. Legislators have introduced the following bills in the 110th Congress: H.R. 194, H.R. 380, S. 242, S. 251, S. 554, S. 596, and S. 980. Additionally, in May 2007, the Senate passed S. 1082, which would create a new section addressing online sales of prescription drugs in the Federal Food, Drug, and Cosmetic Act (FFDCA).