online pharmacy

(52)The term “online pharmacy”— (A)means a person, entity, or Internet site, whether in the United States or abroad, that knowingly or intentionally delivers, distributes, or dispenses, or offers or attempts to deliver, distribute, or dispense, a controlled substance by means of the Internet; and (B)does not include— (i)manufacturers or distributors registered under subsection (a), (b), (d), or (e) ofsection 823 of this titlewho do not dispense controlled substances to an unregistered individual or entity; (ii)nonpharmacy practitioners who are registered undersection 823(f) of this titleand whose activities are authorized by that registration; (iii)any hospital or other medical facility that is operated by an agency of the United States (including the Armed Forces), provided such hospital or other facility is registered undersection 823(f) of this title; (iv)a health care facility owned or operated by an Indian tribe or tribal organization, only to the extent such facility is carrying out a contract or compact under the Indian Self-Determination and Education Assistance Act [25 U.S.C. 5301et seq.]; (v)any agent or employee of any hospital or facility referred to in clause (iii) or (iv), provided such agent or employee is lawfully acting in the usual course of business or employment, and within the scope of the official duties of such agent or employee, with such hospital or facility, and, with respect to agents or employees of health care facilities specified in clause (iv), only to the extent such individuals are furnishing services pursuant to the contracts or compacts described in such clause; (vi)mere advertisements that do not attempt to facilitate an actual transaction involving a controlled substance; (vii)a person, entity, or Internet site that is not in the United States and does not facilitate the delivery, distribution, or dispensing of a controlled substance by means of the Internet to any person in the United States; (viii)a pharmacy registered underwhose dispensing of controlled substances via the Internet consists solely of— (I)refilling prescriptions for controlled substances in schedule III, IV, or V, as defined in paragraph (55); or (II)filling new prescriptions for controlled substances in schedule III, IV, or V, as defined in paragraph (56); or (ix)any other persons for whom the Attorney General and the Secretary have jointly, by regulation, found it to be consistent with effective controls against diversion and otherwise consistent with the public health and safety to exempt from the definition of an “online pharmacy”.

Source

21 USC § 802(52)


Scoping language

As used in this subchapter
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