Confusion rules with Internet prescribing

One Florida court ruled RxNetwork's practices were harmful to patients, but another said they weren't.

By Tyler Chin, AMNews staff. Feb. 10, 2003.

State judges in Florida have issued conflicting rulings about whether an online pharmacy's prescribing behavior posed a threat to residents, raising questions about the state's ability to discipline pharmacies and pharmacists who prescribe online without physically examining buyers. Confusion over the rulings introduces the possibility that the state may instead go after the doctors doing the prescribing.

On Jan. 10, Florida Administrative Law Judge Daniel Manry found that the Florida Dept. of Health failed to prove that RxNetwork and one of its pharmacists, Gwyneth Gordon, had endangered Florida residents. However, he ruled that RxNetwork, of Davie, Fla., had dispensed excessive quantities of controlled substances, and recommended that the Board of Pharmacy approve a one-year probation and a $24,000 fine against RxNetwork.

Manry's ruling represented a victory for RxNetwork, which suffered a defeat three days later when the 1st District Court of Appeal denied its appeal of the emergency order the state obtained in May 2002 suspending the pharmacy's license. The court had let RxNetwork operate pending its ruling.

Although the two rulings conflict, some observers say that Florida regulators overall suffered a big defeat because Manry's ruling is more important and somewhat hinders Florida's ability to move aggressively against Internet pharmacies. Manry's recommended order now goes to the Board of Pharmacy for approval or rejection. The board is expected to consider the matter in March.