In 2008, Congress passed the Ryan Haight Act (21 U.S.C. § 802(54)) (“Ryan Haight”) following the death of Ryan Haight, a young man who overdosed on prescription painkillers he purchased from an online pharmacy without a valid prescription. Ryan Haight amended the federal Controlled Substances Act (21 U.S.C. 802 et seq.) and specifically prohibits dispensing controlled substances via the internet without a “valid prescription” which, according to the law, must be issued for a legitimate medical purpose and may only be issued once a physician has conducted at least one ...
While tremendous strides continue to be made in the growth and adoption of telehealth services, significant legal obstacles remain. Among these obstacles are state drug prescribing laws. In many states, physicians cannot lawfully prescribe drugs during a telehealth encounter, except in very limited circumstances. For example, California requires that physicians perform a “physical exam” before prescribing drugs, and explicitly outlaws prescribing on “the internet” without a prior examination. These restrictions vary from state to state, but many share certain ...
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