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Internet pharmacy charged with filling prescriptions without a license

TORONTO (May 20, 2002 6:16 a.m. EDT) - In recent years, busloads of
Americans have crossed into Canada to buy cheaper prescription drugs with
help from Canadian doctors.

Now many of those customers, mostly senior citizens facing large medicine
bills, make that trip by the Internet, creating a growing industry that is
attracting the attention of regulators.

On May 14, the Ontario College of Pharmacists filed the province's first
charges against a Web site selling prescription drugs, accusing it of doing
so without a license.

It is the initial salvo in what could be a lengthy battle over how to
regulate the Internet prescription drug industry, raising questions about
whether technology has advanced faster than the governing laws and policies.

"This is the first time we've done this," Layne Verbeek, spokesman for the
Ontario college. "It's a new area."

Verbeek said a body of rulings and court decisions is needed to ascertain
if existing laws and regulations properly address the issues.

The charges were filed against The Canadian Drug Store Inc., one of its
directors, an Ontario pharmacist, an Ontario pharmacy, an Ontario physician
and a Canadian drug wholesaler.

Representatives of the Canadian Drug Store could not be reached for comment.

"There's always entrepreneurs wanting to find ways around the rules to make
money. There's nothing wrong with entrepreneurship, but we're really at the
beginning of this," Verbeek said. "These won't be the last charges we lay."

One of the most successful internet drug store entrepreneurs is Andrew
Strempler, whose Mediplan Health Consulting Inc. in Manitoba fills about
1,000 prescriptions each day for U.S. customers who place orders through
the Web sites RxNorth.com and Canadiandrugstore.com.

His operation, which employs more than 100 people including eight
pharmacists, only handles non-narcotic orders that have a prescription from
doctors licensed in Canada. The service includes having a Canadian-licensed
doctor co-sign prescriptions from U.S. doctors for American patients.

While Canadian regulatory bodies say doctors only should sign prescriptions
for patients they examine themselves, Strempler called that "kind of a dream."

"How many doctors have prescribed a drug based on another doctor's opinion?
That's the reality out there," he said. "The issue isn't whether the
patients are receiving proper care. The issue is we are doing something
new, and when you do something new, people are going to question it."

Cases like the Ontario charges give the entire industry a bad name, said
Strempler, who has a message on his Canadiandrugstore.com site noting it is
different from The Canadian Drug Store Inc. cited by Ontario regulators.

"We're fulfilling a need" for American senior citizens who cannot afford
the higher-priced medicine south of the border, he said. "There's nothing
scandalous in this industry. You'll always have one or two bad apples. We
really hope that doesn't ruin the reputation in this industry."

In the Ontario case, the College of Pharmacists filed 15 charges that
accuse The Canadian Drug Store Inc. of operating an unaccredited Internet
pharmacy without registered pharmacists from November 2001 to February
2002. It said the Toronto-based operation filled prescriptions written by
U.S. doctors for U.S. patients.

Along with lacking a license, such an operation violated policies for
physicians and pharmacists set by the Ontario College of Pharmacists and
the Ontario College of Physicians and Surgeons.

The pharmacists college requires prescriptions written by Canadian doctors,
while the physicians and surgeons college requires doctors to physically
examine a patient before signing a prescription.

Spokeswoman Kathryn Clarke of the physicians and surgeons college said the
policy adopted in November 2000 responded to the busloads of Americans that
pull up to walk-in clinics to get prescriptions from Canadian doctors. Now
the situation has evolved with the emergence of the Internet industry.

"It's increasing," Clarke said of Internet drug sales. "It's really a very
complex issue that involves both countries and is only happening because
the drug prices are different."

Drugs are often cheaper in Canada because the government funds the medical
system and approves the price of all patented medicines.

The cheaper prices have long attracted Americans on prescription
drug-buying sprees, especially in northern states that border Canada. Now
it happens on the Internet, with Strempler's sites warning of delays in
filling prescriptions due to high demand.

By TOM COHEN, Associated Press
Copyright 2002 AP Online
Copyright 2001 Nando Media
http://www.nando.net/technology/v-text/story/406178p-3235285c.html

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