Stumbo Targets Internet Drug Sales
Details of draft legislation (BR 1133) made public

FRANKFORT, KY (February 4, 2005) - Attorney General Greg Stumbo today proposed legislation that halts the unregulated distribution of pharmaceuticals to the public through the Internet.

BR 1133 (now HB 343 and SB 162) incorporates the best practices from other state laws designed to control Internet pharmacies, as well as recommendations from The Attorney General's Task Force on Internet Pharmacy Regulation (which includes members of the Drug Enforcement Administration, Kentucky State Police, Kentucky Bureau of Investigation, Lexington and Louisville Police, Commonwealth's and County Attorneys, Justice and Public Safety, National Association of Drug Diversion Investigators, Drug Task Force Members and a pharmacist representative.)

Key elements of BR 1133 include:

• Requires online pharmacies to obtain a permit issued by the Board of Pharmacy
• Defines an "Illegal Internet Pharmacy" as one that does not have a valid permit and attempts to fill a prescription or deliver a genuine or counterfeit controlled substance to a person in Kentucky
• Requires compliance with the KASPER monitoring system (KRS 218A.202)
• Requires a toll-free number allowing any patient to consult with a qualified pharmacist
• Requires receipt and display of a seal of approval from the National Association of Boards of Pharmacy certifying that it is a "Verified Internet Pharmacy Practice Site"
• Forbids filling any prescription not delivered in accordance with all state and federal laws
• Forbids issuing any prescription without a physical examination within six months preceding the date of the prescription
• Violation of this law is a Class C Felony, unless death or serious bodily injury results, in which case it is a Class B Felony
• Commonwealth's Attorneys and the Attorney General have concurrent jurisdiction to enforce the law

"Public health and safety are threatened by online drug pushers," Stumbo said. "Anyone, including children, can easily obtain highly addictive controlled substances online. This practice must be regulated in Kentucky."

BR 1133 now goes before the General Assembly for consideration. The bill is sponsored by Representative Mike Weaver, Senator R.J. Palmer II and Senator Dick Roeding.

"This problem is crippling all of Kentucky. This bill is not a final solution, but it will make it more difficult for illegal prescription medications to make it into our state," said R.J. Palmer, D-Winchester.

"We are in need of some avenue for the Board of Pharmacy to regulate and manage Internet pharmacy sales and how prescriptions are making their way into Kentucky. Right now the Board of Pharmacy has no control and, as a result, is unable to protect the consumer," said Senator Dick Roeding, R-Lakeside Park.

"It appears we have a serious problem with prescription drugs coming into the Commonwealth," said Senator Mike Weaver, D-Elizabethtown. "There's an insatiable need for drugs such as Oxycontin. The problem is the Internet pharmacies that will fill this need for drugs. Anyone old enough to operate a keyboard or use a telephone can describe symptoms that will allow them to get the drugs they want without ever having a face-to-face visit with a doctor. Those drugs are then shipped by UPS or FedEx as if it's legitimate."