Enforcement Actions Against Online Pharmacy Sites
California Enforcement Actions
In a decision that will go into effect on February 21, 2003, the Medical Board of California will revoke the medical license of Dr. Jon Steven Opsahl for prescribing medications online. The apparent basis for the ruling lies in the fact that patients of Dr. Opsahl were not being given a physical examination, a key element to determining if prescription medication is appropriate for a patient. Administrative Law Judge Vallera J. Johnson ruled that Dr. Opsahl had prescribed over 8,000 painkillers online without physically examining the patients. Judge Johnson also found that Dr. Opsahl had prescribed Cipro over the Internet without examining patients during the anthrax scare in 2002. Ironically, recent events have led to Cipro being deregulated to the extent that it can now be sold without a prescription. Alas, this development came a bit late for Dr. Opsahl. According to the decision, Dr. Opsahl has been permanently stripped of his license although he will undoubtedly apply for reinstatement in the future.
Webmasters Should Take Notice
These enforcement actions should put you on alert. While no affiliates were mentioned in the above-referenced cases, it is clear that affiliates of online pharmacies can be prosecuted in states such as Nevada. If you are promoting these programs, you run the risk of being dragged into one of these cases. There is little doubt that the industry will see many more prosecutions in this area of the online industry.
The above discussion is intended to be a general commentary on the above scenario. Each situation is different and this article is not intended as legal advice for your specific situation. Further, nothing in this article is intended to create an attorney-client relationship. If you have additional questions, please contact J. D. Obenberger at AdultInternetLaw.com.
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