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Copyright 1999 Newsday, Inc.  
Newsday (New York, NY)

December 29, 1999, Wednesday ALL EDITIONS

SECTION: NEWS; Page A03

LENGTH: 553 words

HEADLINE: PLAN: REGULATE WEB PHARMACIES

BYLINE: THE ASSOCIATED PRESS 


DATELINE: Washington

BODY:
Washington-Citing a threat by "rogue operators," President Bill Clinton yesterday proposed requiring that Internet sites obtain federal approval for selling prescription drugs or face stiff fines.

His plan, if approved by Congress, would give the Food and Drug Administration unprecedented powers to review and certify hundreds of drug-dispensing Web sites. Violators would face half-million-dollar fines for each infraction. Clinton said prescription drug sites give consumers good opportunities to obtain medicines more affordably. But, he said, they also leave consumers vulnerable to exploitation by those who dispense drugs without prescriptions or licenses.

"Rogue operators pose a threat to the health of Americans," Clinton said. His proposal, he added, "sends a signal that we have zero tolerance for prescription drug Internet sites that ignore federal and state laws and harm patient safety and health." The move would mark a significant shift in the regulation of both the Internet and pharmaceuticals. The Internet has been largely unregulated, with policy-makers loath to stifle its adolescent development. And the regulation of drug sales is largely the province of state government.

In fact, the only pertinent federal law on the books is a misdemeanor that carries a fine of just $ 1,000.

Several states have moved against Web operators. But Dr. Jane Henney, the FDA commissioner, said they're stymied by a system in which patients, pharmacists and Web site operators may well be located in different states.

"Many of the traditional safeguards that have been in place for many years are breaking down," Henney said.

The initiative also includes a request for $ 10 million next year to hire about 100 investigators and upgrade computers. Like the new laws, new money would have to be approved by Congress.

Several cases have been publicized recently in which Web sites sent drugs out without a valid prescription or dispensed drugs that were not legally available in the United States. For instance, the FDA recently uncovered illegal at-home AIDS tests sold over the Internet that didn't work.

The FDA also has pointed to a 53-year-old Chicago man who died after taking Viagra he ordered over the Internet. He never saw a doctor, who could have advised him that he was at risk of heart disease, which makes taking Viagra dangerous.

Last week, the FDA opened a consumer-advice Web page (www.fda.gov/oc/buyonline/default.htm) to help patients ensure they're buying from legitimate stores instead of dangerous quacks. And the National Association of Boards of Pharmacy is certifying legitimate online pharmacies.

Customers can check www.nabp.net to see if a particular Web pharmacy is safe.

But those are voluntary efforts. By contrast, the federal plan would: Require online pharmacies to get FDA certification that they are legally operating or face sanctions.

Impose a $ 500,000 fine each time a site sells a prescription drug without a valid prescription.

Give the FDA power to subpoena the records of online sites while investigating these operators.

There remain some hurdles if the legislation is going to become law. It may be tough getting Congress to give new money or power to the FDA, which did not get most of its budget requests granted this year.

LOAD-DATE: December 30, 1999




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