[Congressional Record Volume 154, Number 50 (Tuesday, April 1, 2008)]
[Senate]
[Pages S2307-S2310]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
RYAN HAIGHT ONLINE PHARMACY CONSUMER PROTECTION ACT OF 2007
Mr. NELSON of Florida. Mr. President, I ask unanimous consent that
the Senate proceed to the immediate consideration of Calendar No. 617,
S. 980.
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (S. 980) to amend the Controlled Substances Act to
address online pharmacies.
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on the Judiciary, with an
amendment to strike all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ryan Haight Online Pharmacy
Consumer Protection Act of 2007''.
SEC. 2. REQUIREMENT OF A VALID PRESCRIPTION FOR CONTROLLED
SUBSTANCES DISPENSED BY MEANS OF THE INTERNET.
Section 309 of the Controlled Substances Act (21 U.S.C.
829) is amended by adding at the end the following new
subsection:
``(e) Controlled Substances Dispensed by Means of the
Internet.--
``(1) No controlled substance may be delivered,
distributed, or dispensed by means of the Internet without a
valid prescription.
``(2) As used in this subsection:
``(A) The term `valid prescription' means a prescription
that is issued for a legitimate medical purpose in the usual
course of professional practice by--
``(i) a practitioner who has conducted at least one in-
person medical evaluation of the patient; or
``(ii) a covering practitioner.
``(B)(i) The term `in-person medical evaluation' means a
medical evaluation that is conducted with the patient in the
physical presence of the practitioner, without regard to
whether portions of the evaluation are conducted by other
health professionals.
``(ii) Nothing in clause (i) shall be construed to imply
that one in-person medical evaluation demonstrates that a
prescription has been issued for a legitimate medical purpose
within the usual course of professional practice.
``(C) The term `covering practitioner' means, with respect
to a patient, a practitioner who conducts a medical
evaluation (other than an in-person medical evaluation) at
the request of a practitioner who--
``(i) has conducted at least one in-person medical
evaluation of the patient during the 24-month period ending
on the date of that medical evaluation; and
``(ii) is temporarily unavailable to conduct the evaluation
of the patient.
``(3) Nothing in this subsection shall apply to--
``(A) the delivery, distribution, or dispensing of a
controlled substance by a practitioner engaged in the
practice of telemedicine if--
``(i) the telemedicine is being conducted while the patient
is being treated by, and physically located in, a hospital or
clinic registered under section 303(f), and the practitioner
conducting the practice of telemedicine is registered under
section 303(f) in the State in which the patient is located
and is acting in the usual course of professional practice
and in accordance with applicable State law;
``(ii) the telemedicine is being conducted while the
patient is being treated by, and in the physical presence of,
a practitioner registered under section 303(f) who is acting
in the usual course of professional practice, and the
practitioner conducting the practice of telemedicine is
registered under section 303(f) in the State in which the
patient is located and is acting in the usual course of
professional practice and in accordance with applicable State
law; or
``(iii) the telemedicine is being conducted under any other
circumstances that the Attorney General and the Secretary
have jointly, by regulation, determined to be consistent with
effective controls against diversion and otherwise consistent
with the public health and safety; or
``(B) the dispensing or selling of a controlled substance
pursuant to practices as determined by the Attorney General
by regulation, which shall be consistent with effective
controls against diversion.''.
SEC. 3. AMENDMENTS TO THE CONTROLLED SUBSTANCES ACT RELATING
TO THE DELIVERY OF CONTROLLED SUBSTANCES BY
MEANS OF THE INTERNET.
(a) In General.--Section 102 of the Controlled Substances
Act (21 U.S.C. 802) is amended by adding at the end the
following:
``(50) The term `Internet' means collectively the myriad of
computer and telecommunications facilities, including
equipment and operating software, which comprise the
interconnected worldwide network of networks that employ the
Transmission Control Protocol/Internet Protocol, or any
predecessor or successor protocol to such protocol, to
communicate information of all kinds by wire or radio.
``(51) The term `deliver, distribute, or dispense by means
of the Internet' refers, respectively, to any delivery,
distribution, or dispensing of a controlled substance that is
caused or facilitated by means of the Internet.
``(52) The term `online pharmacy'--
``(A) means a person, entity, or Internet site, whether in
the United States or abroad, that knowingly or intentionally
delivers, distributes, or dispenses, or offers or attempts to
deliver, distribute, or dispense, a controlled substance by
means of the Internet; and
``(B) does not include--
``(i) manufacturers or distributors registered under
subsection (a), (b), (c), or (d) of section 303 who do not
dispense controlled substances to an unregistered individual
or entity;
``(ii) nonpharmacy practitioners who are registered under
section 303(f) and whose activities are authorized by that
registration;
``(iii) mere advertisements that do not attempt to
facilitate an actual transaction involving a controlled
substance; or
``(iv) a person, entity, or Internet site which is not in
the United States and does not facilitate the delivery,
distribution, or dispensing of a controlled substance by
means of the Internet to any person in the United States.
``(53) The term `homepage' means the opening or main page
or screen of the website of an online pharmacy that is
viewable on the Internet.
``(54) The term `practice of telemedicine' means the
practice of medicine in accordance with applicable Federal
and State laws by a practitioner (other than a pharmacist)
who is at a location remote from the patient and is
communicating with the patient, or health care professional
who is treating the patient, using a telecommunications
system referred to in section 1834(m) of the Social Security
Act (42 U.S.C. 1395m(m)).''.
(b) Registration Requirements.--Section 303 of the
Controlled Substances Act (21 U.S.C. 823) is amended by
adding at the end the following new subsection:
``(i) Dispenser of Controlled Substances by Means of the
Internet.--(1) An online pharmacy shall obtain a registration
specifically authorizing such activity, in accordance with
regulations promulgated by the Attorney General. In
determining whether to grant an application for such
registration, the Attorney General shall apply the factors
set forth in subsection (f).
``(2) Registration under this subsection shall be in
addition to, and not in lieu of, registration under
subsection (f).
``(3) This subsection does not apply to pharmacies that
merely advertise by means of the Internet but do not attempt
to facilitate an actual transaction involving a controlled
substance by means of the Internet.''.
(c) Reporting Requirements.--Section 307(d) of the
Controlled Substances Act (21 U.S.C. 827(d)) is amended by--
(1) designating the text as paragraph (1); and
(2) inserting after paragraph (1), as so designated by this
Act, the following new paragraph:
``(2) A pharmacy registered under section 303(i) shall
report to the Attorney General the
[[Page S2308]]
controlled substances dispensed under such registration, in
such manner and accompanied by such information as the
Attorney General by regulation shall require.''.
(d) Online Prescription Requirements.--The Controlled
Substances Act is amended by inserting after section 310 (21
U.S.C. 830) the following:
``online pharmacy licensing and disclosure requirements
``Sec. 311. (a) In General.--An online pharmacy shall
display in a visible and clear manner on its homepage a
statement that it complies with the requirements of this
section with respect to the delivery or sale or offer for
sale of controlled substances and shall at all times display
on the homepage of its Internet site a declaration of
compliance in accordance with this section.
``(b) Licensure.--Each online pharmacy shall comply with
the requirements of State law concerning the licensure of
pharmacies in each State from which it, and in each State to
which it, delivers, distributes, or dispenses or offers to
deliver, distribute, or dispense controlled substances by
means of the Internet.
``(c) Compliance.--No online pharmacy or practitioner shall
deliver, distribute, or dispense by means of the Internet a
controlled substance without a valid prescription (as defined
in section 309(e)) and each online pharmacy shall comply with
all applicable requirements of Federal and State law.
``(d) Internet Pharmacy Site Disclosure Information.--Each
online pharmacy site shall post in a visible and clear manner
on the homepage of its Internet site or on a page directly
linked from its homepage the following:
``(1) The name of the owner, street address of the online
pharmacy's principal place of business, telephone number, and
email address.
``(2) A list of the States in which the online pharmacy,
and any pharmacy which dispenses, delivers, or distributes a
controlled substance on behalf of the online pharmacy, is
licensed to dispense controlled substances or prescription
drugs and any applicable license number.
``(3) For each pharmacy identified on its license in each
State in which it is licensed to engage in the practice of
pharmacy and for each pharmacy which dispenses or ships
controlled substances on behalf of the online pharmacy:
``(A) The name of the pharmacy.
``(B) The street address of the pharmacy.
``(C) The name, professional degree, and licensure of the
pharmacist-in-charge.
``(D) The telephone number at which the pharmacist-in-
charge can be contacted.
``(E) A certification that each pharmacy which dispenses or
ships controlled substances on behalf of the online pharmacy
is registered under this part to deliver, distribute, or
dispense by means of the Internet controlled substances.
``(4) The name, address, professional degree, and licensure
of practitioners who provide medical consultations through
the website for the purpose of providing prescriptions.
``(5) A telephone number or numbers at which the
practitioners described in paragraph (4) may be contacted.
``(6) The following statement, unless revised by the
Attorney General by regulation: `This online pharmacy will
only dispense a controlled substance to a person who has a
valid prescription issued for a legitimate medical purpose
based upon a medical relationship with a prescribing
practitioner, which includes at least one prior in-person
medical evaluation. This online pharmacy complies with
section 309(e) of the Controlled Substances Act (21 U.S.C.
829(e)).'.
``(e) Notification.--(1) Thirty days prior to offering a
controlled substance for sale, delivery, distribution, or
dispensing, the online pharmacy shall notify the Attorney
General, in the form and manner as the Attorney General shall
determine, and the State boards of pharmacy in any States in
which the online pharmacy offers to sell, deliver,
distribute, or dispense controlled substances.
``(2) The notification required under paragraph (1) shall
include--
``(A) the information required to be posted on the online
pharmacy's Internet site under subsection (d) and shall
notify the Attorney General and the applicable State boards
of pharmacy, under penalty of perjury, that the information
disclosed on its Internet site under to subsection (d) is
true and accurate;
``(B) the online pharmacy's Internet site address and a
certification that the online pharmacy shall notify the
Attorney General of any change in the address at least 30
days in advance; and
``(C) the Drug Enforcement Administration registration
numbers of any pharmacies and practitioners referred to in
subsection (d), as applicable.
``(3) An online pharmacy that is already operational as of
the effective date of this section, shall notify the Attorney
General and applicable State boards of pharmacy in accordance
with this subsection not later than 30 days after the
effective date of this section.
``(f) Declaration of Compliance.--On and after the date on
which it makes the notification under subsection (e), each
online pharmacy shall display on the homepage of its Internet
site, in such form as the Attorney General shall by
regulation require, a declaration that it has made such
notification to the Attorney General.
``(g) Reports.--Any statement, declaration, notification,
or disclosure required under this section shall be considered
a report required to be kept under this part.''.
(e) Offenses Involving Controlled Substances in Schedules
III, IV, and V.--Section 401(b) of the Controlled Substances
Act (21 U.S.C. 841(b)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (C), by striking ``1 gram of'' before
``flunitrazepam'';
(B) in subparagraph (D), by striking ``or in the case of
any controlled substance in schedule III (other than gamma
hydroxybutyric acid), or 30 milligrams of flunitrazepam'';
and
(C) by adding at the end the following:
``(E)(i) In the case of any controlled substance in
schedule III, such person shall be sentenced to a term of
imprisonment of not more than 10 years and if death or
serious bodily injury results from the use of such substance
shall be sentenced to a term of imprisonment of not more than
20 years, a fine not to exceed the greater of that authorized
in accordance with the provisions of title 18, or $500,000 if
the defendant is an individual or $2,500,000 if the defendant
is other than an individual, or both.
``(ii) If any person commits such a violation after a prior
conviction for a felony drug offense has become final, such
person shall be sentenced to a term of imprisonment of not
more than 20 years and if death or serious bodily injury
results from the use of such substance shall be sentenced to
a term of imprisonment of not more than 30 years, a fine not
to exceed the greater of twice that authorized in accordance
with the provisions of title 18, or $1,000,000 if the
defendant is an individual or $5,000,000 if the defendant is
other than an individual, or both.
``(iii) Any sentence imposing a term of imprisonment under
this subparagraph shall, in the absence of such a prior
conviction, impose a term of supervised release of at least 2
years in addition to such term of imprisonment and shall, if
there was such a prior conviction, impose a term of
supervised release of at least 4 years in addition to such
term of imprisonment'';
(2) in paragraph (2) by--
(A) striking ``3 years'' and inserting ``5 years'';
(B) striking ``6 years'' and inserting ``10 years''; and
(C) striking ``after one or more prior convictions'' and
all that follows through ``have become final,'' and inserting
``after a prior conviction for a felony drug offense has
become final,''; and
(3) in paragraph (3) by--
(A) striking ``2 years'' and inserting ``6 years'';
(B) striking ``after one or more convictions'' and all that
follows through ``have become final,'' and inserting ``after
a prior conviction for a felony drug offense has become
final,''; and
(C) adding at the end the following ``Any sentence imposing
a term of imprisonment under this paragraph may, if there was
a prior conviction, impose a term of supervised release of
not more than 1 year, in addition to such term of
imprisonment.''
(f) Offenses Involving Dispensing of Controlled Substances
by Means of the Internet.--Section 401 of the Controlled
Substances Act (21 U.S.C. 841) is amended by adding at the
end the following:
``(h) Offenses Involving Dispensing of Controlled
Substances by Means of the Internet.--(1) Except as
authorized by this title, it shall be unlawful for any person
to knowingly or intentionally cause or facilitate the
delivery, distribution, or dispensing by means of the
Internet of a controlled substance.
``(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 a pharmacy not
registered under section 303(i);
``(B) writing a prescription for a controlled substance for
the purpose of delivery, distribution, or dispensation by
means of the Internet in violation of subsection 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(i) or
309(e); and
``(D) making a material false, fictitious, or fraudulent
statement or representation in the submission to the Attorney
General under section 311.
``(3)(A) This subsection does not apply to--
``(i) the delivery, distribution, or dispensation of
controlled substances by nonpractitioners to the extent
authorized by their registration under this title;
``(ii) the placement on the Internet of material that
merely advocates the use of a controlled substance or
includes pricing information without attempting to propose or
facilitate an actual transaction involving a controlled
substance; or
``(iii) except as provided in subparagraph (B), any
activity that is limited to--
``(I) the provision of a telecommunications service, or of
an Internet access service or Internet information location
tool (as those terms are defined in section 231 of the
Communications Act of 1934 (47 U.S.C. 231)); or
``(II) the transmission, storage, retrieval, hosting,
formatting, or translation (or any combination thereof) of a
communication, without selection or alteration of the content
of the communication, except that deletion of a particular
communication or material made by another person in a manner
consistent with section 230(c) of the Communications Act of
1934 (47 U.S.C. 230(c)) shall not constitute such selection
or alteration of the content of the communication.
``(B) The exceptions under subclauses (I) and (II) of
subparagraph (A)(iii) shall not apply to a person acting in
concert with a person who violates subsection (g)(1).
``(4) Any person who knowingly or intentionally violates
this subsection shall be sentenced in accordance with
subsection (b) of this section.''.
(g) Publication.--Section 403(c) of the Controlled
Substances Act (21 U.S.C. 843(c)) is amended by--
[[Page S2309]]
(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 under
section 303(i).
``(C) Subparagraph (A) does not apply to material that
either--
``(i) merely advertises the distribution of controlled
substances by nonpractitioners to the extent authorized by
their registration under this title; or
``(ii) merely advocates the use of a controlled substance
or includes pricing information without attempting to
facilitate an actual transaction involving a controlled
substance.''.
(h) Injunctive Relief.--Section 512 of the Controlled
Substances Act (21 U.S.C. 882) is amended by adding to the
end of the section the following new subsection:
``(c) State Cause of Action Pertaining to Online
Pharmacies.--(1) In any case in which the State has reason to
believe that an interest of the residents of that State has
been or is being threatened or adversely affected by the
action of a person, entity, or Internet site that violates
the provisions of section 303(i), 309(e), or 311, the State
may bring a civil action on behalf of such residents in a
district court of the United States with appropriate
jurisdiction--
``(A) to enjoin the conduct which violates this section;
``(B) to enforce compliance with this section;
``(C) to obtain damages, restitution, or other
compensation, including civil penalties under section 402(b);
and
``(D) to obtain such other legal or equitable relief as the
court may find appropriate.
``(2)(A) Prior to filing a complaint under paragraph (1),
the State shall serve a copy of the complaint upon the
Attorney General and upon the United States Attorney for the
judicial district in which the complaint is to be filed. In
any case where such prior service is not feasible, the State
shall serve the complaint on the Attorney General and the
appropriate United States Attorney on the same day that the
State's complaint is filed in Federal district court of the
United States. Such proceedings shall be independent of, and
not in lieu of, criminal prosecutions or any other
proceedings under this title or any other laws of the United
States.
``(B)(i) Not later than 120 days after the later of the
date on which a State's complaint is served on the Attorney
General and the appropriate United States Attorney, or the
date on which the complaint is filed, the United States shall
have the right to intervene as a party in any action filed by
a State under paragraph (1).
``(ii) After the 120-day period described in clause (i) has
elapsed, the United States may, for good cause shown,
intervene as a party in an action filed by a State under
paragraph (1).
``(iii) Notice and an opportunity to be heard with respect
to intervention shall be afforded the State that filed the
original complaint in any action in which the United States
files a complaint in intervention under clause (i) or a
motion to intervene under clause (ii).
``(iv) The United States may file a petition for appeal of
a judicial determination in any action filed by a State under
this section.
``(C) Service of a State's complaint on the United States
as required in this paragraph shall be made in accord with
the requirements of Federal Rule of Civil Procedure 4(i)(1).
``(3) For purposes of bringing any civil action under
paragraph (1), nothing in this Act shall prevent an attorney
general of a State from exercising the powers conferred on
the attorney general of a State by the laws of such State to
conduct investigations or to administer oaths or affirmations
or to compel the attendance of witnesses of or the production
of documentary or other evidence.
``(4) Any civil action brought under paragraph (1) in a
district court of the United States may be brought in the
district in which the defendant is found, is an inhabitant,
or transacts business or wherever venue is proper under
section 1391 of title 28, United States Code. Process in such
action may be served in any district in which the defendant
is an inhabitant or in which the defendant may be found.
``(5) No private right of action is created under this
subsection.''.
(i) Forfeiture of Facilitating Property in Drug Cases.--
Section 511(a)(4) of the Controlled Substances Act (21 U.S.C.
881(a)(4)) is amended to read as follows:
``(4) Any property, real or personal, tangible or
intangible, used or intended to be used to commit, or to
facilitate the commission, of a violation of this title or
title III, and any property traceable thereto.''.
(j) Import and Export Act.--Section 1010(b) of the
Controlled Substances Import and Export Act (21 U.S.C.
960(b)) is amended--
(1) in paragraph (4) by--
(A) striking ``or any quantity of a controlled substance in
schedule III, IV, or V, (except a violation involving
flunitrazepam and except a violation involving gamma
hydroxybutyric acid)'';
(B) inserting ``, or'' before ``less than one kilogram of
hashish oil''; and
(C) striking ``imprisoned'' and all that follows through
the end of the paragraph and inserting ``sentenced in
accordance with section 401(b)(1)(D) of this title (21 U.S.C.
841(b)(1)(E)).'';
(2) by adding at the end the following:
``(5) In the case of a violation of subsection (a) of this
section involving a controlled substance in schedule III,
such person shall be sentenced in accordance with section
401(b)(1)(E).
``(6) In the case of a violation of subsection (a) of this
section involving a controlled substance in schedule IV
(except a violation involving flunitrazepam), such person
shall be sentenced in accordance with section 401(b)(2).
``(7) In the case of a violation of subsection (a) of this
section involving a controlled substance in schedule V, such
person shall be sentenced in accordance with section
401(b)(3).''; and
(3) in paragraph (3), by striking ``, nor shall a person so
sentenced be eligible for parole during the term of such a
sentence'' in the final sentence.
(k) Effective Date.--The amendments made by this Act shall
become effective 60 days after the date of enactment of this
Act.
(l) Guidelines and Regulations.--
(1) In general.--The Attorney General may promulgate and
enforce any rules, regulations, and procedures which may be
necessary and appropriate for the efficient execution of
functions under this subtitle, including any interim rules
necessary for the immediate implementation of this Act, on
its effective date.
(2) Sentencing guidelines.--The United States Sentencing
Commission, in determining whether to amend, or establish
new, guidelines or policy statements, to conform the Federal
sentencing guidelines and policy statements to this Act and
the amendments made by this Act--
(A) shall consult with the Department of Justice, experts
and other affected parties concerning which penalties for
scheduled substances amended by this Act should be reflected
in the Federal sentencing guidelines; and
(B) should not construe any change in the maximum penalty
for a violation involving a controlled substance in a
particular schedule as being the sole reason to amend a, or
establish a new, guideline or policy statement.
(m) Annual Report.--Not later than 180 days after the date
of enactment of this Act, and annually for 2 years after the
initial report, the Drug Enforcement Administration, in
consultation with the Department of State, shall submit to
Congress a report describing--
(1) the foreign supply chains and sources of controlled
substances offered for sale without a valid prescription on
the Internet;
(2) the efforts and strategy of the Drug Enforcement
Administration to decrease the foreign supply chain and
sources of controlled substances offered for sale without a
valid prescription on the Internet; and
(3) the efforts of the Drug Enforcement Administration to
work with domestic and multinational pharmaceutical companies
and others to build international cooperation and a
commitment to fight on a global scale the problem of
distribution of controlled substances over the Internet
without a valid prescription.
Mr. LEAHY. Mr. President, today the Senate will pass by unanimous
consent S. 980, the Ryan Haight Online Pharmacy Consumer Protection
Act. This is an important bill that would create potent new tools for
law enforcement to prosecute those who illegally sell drugs online, and
allow State authorities to shut down online pharmacies even before they
get started.
I thank Senator Feinstein and Senator Sessions for their commitment
to combating illicit drug trafficking by online predators. Their hard
work and diligent efforts, have put together a strong bipartisan bill
that includes important modifications and clarifications that will
protect our children and grandchildren from purchasing illegal
dangerous drugs online and reducing the prevalence of rogue online
pharmacies in our society.
As the longtime cochair of the Congressional Internet Caucus, I
understand full well the growing danger that illegitimate online
pharmacies pose to youth. I am pleased to join the bill's sponsors in
support of this legislation. I am also very pleased that several of my
recommendations to improve the bill are included in this legislation.
This bill could not come at a more urgent time for our Nation. In the
digital age, the Internet has enabled all Americans better access to
convenient and more affordable medicine. Unfortunately, the prevalence
of rogue online pharmacies has also made the Internet an increasing
source for the sale of dangerous controlled substances without a
licensed medical practitioner's valid prescription. Online drug
traffickers have used evolving tactics to evade detection by law
enforcement and circumvent the proper constraints of doctors and
pharmacists.
The check and security provided by our local pharmacists in local
pharmacies--those who have served Americans for generations and helped
us get well and keep us well--is not always replicated online. As a
result, dangerous and addictive prescription drugs are too often only a
click away.
Last May, the Judiciary Committee held a hearing on this issue. We
heard compelling testimony from Francine Haight, a mother whose teenage
son died from an overdose of painkillers he purchased online from a
rogue pharmacy. We also heard from Joseph
[[Page S2310]]
Califano, the former Secretary of the Department of Health, Education
and Welfare. Both strongly supported legislation to fill a gap in
existing law and help protect young people from illicit drugs online.
Following our hearing, the Internet Drug Advisory Committee held a
briefing for the Judiciary Committee on this matter. We heard from
various members of the Internet community on how the private sector may
effectively collaborate with the public sector to combat the sales of
dangerous drugs online. These private sector groups will be vital in
that effort, and we were happy to receive the benefit of their
insights.
The administration supports this bill, and that is the right thing to
do. I know that our hard working men and women at the Drug Enforcement
Agency need the added tools this bill would offer to assist their
efforts to combat rogue online pharmacies. Even more, our children and
grandchildren need the safety and security of operating online free
from drug dealers seeking to trick them into purchasing dangerous
controlled substances.
The Judiciary Committee reported an amendment in the form of a
substitute which includes several recommendations I have made to
improve the bill and make it more effective. These changes were later
perfected and improved upon after the bill was reported out of
Committee.
I am pleased that the amendment includes my suggestion that the Drug
Enforcement Administration report to Congress on recommendations to
combat the online sale of controlled substances from foreign countries
via the Internet and on ways that the private sector can assist in this
effort. A key ingredient in diminishing the impact of rogue Web sites
on American citizens is combating the international aspect of this
problem, and strengthening the public-private sector collaboration can
help provide a solution.
The amendment narrows the U.S. Sentencing Commission directive to
ensure that the most dangerous prescription drugs abused online are
treated more severely than less harmful prescription drugs. This
addition will ensure that the commission has clear guidance to issue
the guidelines necessary to hold those individuals who peddle dangerous
prescription drugs to minors online accountable.
The amendment also protects legitimate retail drug chains with online
websites for customers seeking refills on prescriptions, by exempting
them from the bill's requirements. This ensures that the bill does not
target legitimate pharmacies that provide Vermonters and other
Americans with access to needed medicines nor does it burden legitimate
pharmacies with additional registration and reporting requirements.
I believe this measure will be better with these changes. I am
confident that this legislation will strengthen our Nation's ability to
effectively combat online drug trafficking. It furthers the goals of
drug enforcement and deterrence, while also providing Congress with
additional oversight tools. I support its passage.
Mrs. FEINSTEIN. I thank my colleagues for passing S. 980, the Ryan
Haight Online Pharmacy Consumer Protection Act.
With Senator Sessions, I introduced this bill to protect the safety
of consumers who wish to fill legitimate prescriptions for controlled
substances over the Internet, while holding accountable those who
operate unregistered pharmacies.
Tonight, the Senate took the first important step in stemming the
tide of online drug trafficking. Perhaps more importantly, the Senate
took the first steps in ensuring that children and teens no longer
overdose, or worse die, after purchasing controlled substances without
a prescription from rogue Internet pharmacies.
I would like to clarify that the Ryan Haight Online Pharmacy Consumer
Protection Act of 2008 regulates practices related to the delivery,
distribution, or dispensing of a controlled substance by means of the
Internet. The act does not address the delivery, distribution, or
dispensing of any noncontrolled substance by the Internet or any other
means.
This bill does not infringe upon the powers of the Department of
Health and Human Services and its Secretary with respect to
noncontrolled substances. Nor does it infringe upon the traditional
power of the States to regulate the practices of medicine and pharmacy
with respect to the prescription of non controlled substances.
Delivery, distribution, or dispensing of noncontrolled substances,
approved by the Secretary of Health and Human Services or the
regulatory bodies of the States, are not affected by the act.
This bill would do the following:
Bar the sale or distribution of all controlled substances over the
Internet without a valid prescription; Require online pharmacies to
display on their Web site a statement of compliance with U.S. law and
DEA regulations--allowing consumers to know which pharmacies are safe
and which are not; clarify that rogue pharmacies that sell drugs over
the Internet will face the same penalties as people who illegally sell
the same drugs on the street; increase the Federal penalties for
illegally distributing controlled substances; create a new Federal
cause of action that would allow a State attorney general to shut down
a rogue Web site selling controlled substances.
This legislation is a critical first step in stemming the tide of
online drug trafficking and prescription drug abuse.
In closing, I want to share the story of this bill's namesake, Ryan
T. Haight. Ryan was an 18-year-old honor student from La Mesa,
California, when he died in his home on February 12, 2001. His parents
found a bottle of Vicodin in his room with a label from an out-of-State
pharmacy.
It turns out that Ryan had been ordering addictive drugs online and
paying with a debit card his parents gave him to buy baseball cards on
eBay.
Without a physical exam or his parents' consent, Ryan had been
obtaining controlled substances, some from an Internet site in
Oklahoma. It only took a few months before Ryan's life was ended by an
overdose on a cocktail of painkillers.
Ryan's story is just one of many. Rogue Internet pharmacies are
making it increasingly easy for teens like Ryan to access deadly
prescription drugs. This bill is the first step to stem that terrible
tide. It creates sensible requirements for Internet pharmacy Web sites
that will not impact access to convenient, oftentimes cost-saving
drugs.
I thank my colleagues for rising up and passing this important bill.
Mr. NELSON of Florida. Mr. President, I ask unanimous consent a
Feinstein substitute amendment at the desk be agreed to, the committee
substitute amendment as amended be agreed to, the bill, as amended, be
read three times and passed, the motions to reconsider be laid on the
table, with no intervening action or debate, and any statements be
printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 4383) was agreed to.
(The amendment is printed in today's Record under ``Text of
Amendments.'')
The committee amendment in the nature of a substitute, as amended,
was agreed to.
The bill (S. 980), as amended, was ordered to be engrossed for a
third reading, was read the third time, and passed.
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