NABP Testifies Before Congress About Internet Pharmacies

NABP Executive Director/Secretary Carmen Catizone testified before the Oversight and Investigation Subcommittee of the House Commerce Committee on July 30, 1999, on the regulation of Internet pharmacies and NABP's new Verified Internet Pharmacy Practice Sites™ (VIPPS™) program. The Subcommittee considered testimony from NABP and others, including on-line pharmacies planetRx.com and drugstore.com, as well as the US Food and Drug Administration and the US Drug Enforcement Administration, in light of a proposed bill that would require Internet pharmacies to display the names and states of licensure of those prescribing and dispensing from the site.

Not opposed to the display of such information on Internet pharmacy sites, but to the federal government stepping in to regulate what is currently the domain of the states, Catizone testified that "on-line sites located within the US and its territories can be effectively controlled by the state agencies constitutionally empowered to regulate the practices of pharmacy and medicine. It is NABP's position that initiatives to circumvent this authority and assign responsibility for the activities of US-based on-line sites to federal agencies are unwarranted and preempt the constitutional authority of the states to regulate professionals through the police powers."

He also noted the effectiveness of current state laws and regulations in curbing illegal and dangerous activities of on-line pharmacies through the closure of sites and the disciplining of practitioners.

"The most recent examples of such actions occurred in Missouri, when the Missouri attorney general obtained a temporary restraining order to halt the operations of a pharmacy licensed in Texas," Catizone emphasized. "The Texas physician involved is prohibited from using on-line consultations to support prescriptions, and the dispensing pharmacy must include a notice on its Web site alerting consumers that its services are not available to consumers living in Missouri."

This action, Catizone continued, further illustrates the willingness of the state boards to police Internet pharmacies, even those based in one state but providing services to patients in other states.

Catizone testified the importance of the VIPPS program in assuring that Internet pharmacies practice with the best interest of the patient in mind.

"The Verified Internet Pharmacy Practice Sites program was developed by NABP to support the regulatory efforts of the state boards of pharmacy to better police Internet pharmacies," testified Catizone. "VIPPS employs a multifaceted approach that combines the enforcement of laws, regulations, and recently-developed and validated Internet practice standards with effective consumer education and empowerment."

While the VIPPS program remains voluntary, on-line pharmacy businesses that intend to conduct legitimate and profitable e-commerce sites have been quick to identify the benefits of displaying the VIPPS seal. According to NABP, several sites have applied, with many more inquiring about the program. With this high level of interest in a voluntary program, NABP urged Congress to allow the states to continue regulating Internet pharmacies.

"We ask the Committee to carefully consider any action that would preempt state authority by assigning legal responsibility for any aspect of the regulation of pharmacy practice to federal authority," Catizone concluded. "Such an action will not address the serious problems and actions of the foreign-based on-line sites and only precipitate a regulatory quagmire of conflict and confusion between state and federal agencies."

Also supporting NABP's position, as well as the VIPPS program, were representatives of on-line pharmacies, planetRx.com and drugstore.com. Bill Razzouk, chief executive officer of planetRx.com, called for a national summit meeting of the on-line pharmacy industry and technology leaders to enhance the enforcement of existing state and federal laws governing responsible and safe pharmacy practices.

"Eliminating the Internet equivalent of back-alley drug sales does not require new legislation," Razzouk said. "Rogue operators exist because of lack of compliance and enforcement of existing state and federal regulations."

Drugstore.com CEO, Peter Neupert, emphasized a similar point, stating that "we must be careful to distinguish between safe, legitimate on-line pharmacies and profiteers using the Internet to engage in illegal activities with willing participants. The most practical approach in differentiating the two is by educating consumers and providing them the tools and means to identify the safe, legitimate on-line pharmacies."

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