Wednesday, March 03, 2004

Drugs, Reporting Requirements, and Internet Pharmacies

The federal government wants to know if you're on drugs.

Well, they want States to monitor people's prescription drug usage, and to maintain databases of information that can be shared with officials from other states, and with the federal government.

That's the first part of a proposed bill (pdf) before the House of Representatives.

It also imposes a number of reporting requirements upon internet pharmacies.

Amongst a number of other provisions involving with interstate pharmacies, it also looks as though the bill would allow the government to demand that someone linking to an "illegal Internet pharmacy" remove the link:
(c) LINKS TO ILLEGAL INTERNET PHARMACY.?Section 302 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 332) is amended by adding at the end the following:

(c) In the case of a violation of section 503B relating to an illegal Internet pharmacy, the district courts of the United States and the United States courts of the Territories shall have jurisdiction to order a provider of an interactive computer service to remove, or disable access to, a site violating such section, or a link to a site violating such section, that resides on a computer server that such
provider controls or operates. Such relief shall

(1) be available only after provision to the provider of notice and an opportunity to appear;

(2) not impose any obligation on the provider to monitor its service or to affirmatively seek facts indicating activity violating section 503B;

(3) specify the provider to which the relief applies; and

(4) specifically identify the location of the site or link to be removed, or to which access is to be disabled.