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Copyright 1999 The New York Times Company  
The New York Times

July 31, 1999, Saturday, Late Edition - Final

SECTION: Section A; Page 12; Column 1; National Desk 

LENGTH: 581 words

HEADLINE: Officials Struggle to Regulate On-Line Sale of Prescription Drugs

BYLINE:  By SHERYL GAY STOLBERG 

DATELINE: WASHINGTON, July 30

BODY:
The Food and Drug Administration announced steps today to curb the illegitimate sale of prescription drugs over the Internet, while officials at another agency, the Federal Trade Commission, asked Congress to require electronic pharmacies to post detailed on-line information about their licenses and the doctors who write the prescriptions they fill.

But the officials' pronouncements, made during a Congressional hearing to examine the burgeoning electronic drug trade, revealed as much about what the Government cannot do as what it can do. While the authorities say they may be able to rein in domestic companies marketing pills on line, they acknowledge that the bulk of the business is conducted overseas. "Ten years ago, it was hard for you to buy a foreign drug; you had to go to a foreign country," William K. Hubbard, associate commissioner for policy at the F.D.A., said in an interview. "Now the Internet makes it simple, and you can't do anything about these foreign sites because you don't have the reach to foreign countries."

The growth of prescription drug sales in cyberspace has been troubling state and Federal officials for the last year, but no one agency has the authority to regulate it. Typically, medicine is prescribed by doctors, who are licensed by state medical boards, and is dispensed by pharmacies, also licensed by the states. But the explosion in electronic commerce, coupled with demand for the impotence pill Viagra and other new "life-style drugs," has turned the old system on its head.

Now doctors are prescribing pills on line to patients they have never met, in states where they are not authorized to work. Pharmacies are shipping pills across state lines without the requisite licenses. Regulatory authorities have disciplined some doctors and pharmacies, but the work is slow and difficult because the ownership of Web sites is so hard to track.

At the same time, no one knows how many electronic pharmacies exist. Representative Ron Klink, the Pennsylvania Democrat who pressed for today's hearing before the Oversight and Investigations Subcommittee of the House Commerce Committee, said that his staff had identified more than 200, but that there might be twice that many. Mr. Hubbard, of the F.D.A., said his agency would immediately begin trying to identify each site and learn where it is registered, so the authorities in those states could be alerted.

Mr. Klink, meanwhile, said he intended to introduce legislation next week along the lines of the trade commission's proposal, which would require that any Web site selling medication state its name, address and telephone number, as well as the states in which the pharmacy and its cooperating doctors are licensed. The on-line pharmacy industry is already objecting to the bill.

"All we are saying is that if you are selling a pharmaceutical product, just like your neighborhood pharmacy has to display their license, you have to display yours on your Web page," Mr. Klink said in an interview. "We are asking nothing more from the electronic commerce people than we are asking from anyone else who is in business."

But William Razzouk, chief executive of PlanetRx.com, an on-line drugstore licensed to ship medicine to all 50 states, said he preferred a voluntary system set up by the National Boards of Pharmacy, a coalition of state licensing authorities. The coalition has begun registering on-line pharmacies, and accrediting them with its seal of approval.  http://www.nytimes.com

LOAD-DATE: July 31, 1999




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