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Copyright 1999 Denver Publishing Company  
DENVER ROCKY MOUNTAIN NEWS

December 29, 1999, Wednesday

SECTION: Editorial; Ed. Final; Pg. 41A

LENGTH: 396 words

HEADLINE: PRESCRIPTION FOR WEB SALES

BODY:
Online commerce has grown so fast and furiously that it has, with the exception of a few stabs at child pornography, largely escaped federal regulation. That may soon change.

The Clinton administration has unveiled a proposal to extensively regulate and control the sale of prescription drugs over the Internet. Like so much about the Internet, data and hard facts about online sales of pharmaceuticals are sparse. The White House, however, is convinced it is a problem:

''Unethical doctors can illegally prescribe pills online to consumers they have never met in states where they are not authorized to work. Unscrupulous, unlicensed pharmacies can ship pills across state lines.'' As with other online transactions, the benefits of filling prescriptions over the Internet are cost and convenience; the drawbacks are that consumers cannot always be certain with whom they're dealing. The White House says the unregulated sale puts buyers at risk from such hazards as contaminated or outdated drugs, dangerous drug interactions and quack medicine.

Under the Clinton plan, the Food and Drug Administration would, in effect, license online pharmacies (coincidentally extending federal writ into an area previously reserved exclusively to the states) and, backed by subpoena power, be able to impose fines of up to $500,000 for infractions such as selling drugs without a prescription. Online pharmacies would be required to be licensed in all the states where they do business.

The White House is asking for $10 million for the FDA to identify and prosecute pharmaceutical Web sites that violate the new regulations.

The Clinton plan must be approved by a Republican Congress that has been critical of the FDA's performance and is philosophically skeptical, or at least claims to be, of greater federal regulation.

The government has a legitimate interest in the purity of drugs and the honesty of pharmaceutical transactions, and the administration will have a chance to make its case that there are problems with online drug sales and that this proposal is the best way of solving them.

But Congress should give this proposal great care and consideration for another reason: It would be the first real precedent for federal regulation of Internet commerce and likely the prototype for further regulation and, perhaps, eventual taxation.





LOAD-DATE: December 30, 1999




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