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06/06/2000 - Tuesday - Page C 4
 

HEALTH MATTERS
Your Questions, Your Concerns..and Common Sense Advice
PERSONAL HEALTH
Patchwork of Rules on Licenses Of Online Pharmacies, Doctors

JUST WHEN YOU'RE getting comfortable looking up answers to health questions online, the Web is throwing out new challenges that might make you consider how far you want to go in using it as a medical resource.

Are you ready to confer with your doctor electronically? Fill prescriptions via the Internet? Have prescriptions written by a doctor who has never met you? No matter how good the Internet gets, "nothing can replace the physical exam for an accurate diagnosis as the basis for prescribing medicine or doing any other type of medical treatment," said Dr. Stuart Lewis, assistant professor of clinical medicine at New York University School of Medicine.

Yet the lure of faster and cheaper ways to access health care is overcoming some qualms about the recurring Internet issues of privacy, confidentiality and verifiability: If you can access your medical records online, who else can? Is the person at the other end really a doctor? Is a pharmacy merely an Internet version of a known brick-and-mortar one, or is it an unlicensed drug factory in another country? It can be hard to focus on all those concerns if your first priority is a prescription that is so easy to get, all you have to do is "enter a little bit of information, which may or may not be true, in a few boxes," said Joan Price, a health and fitness expert, and author of "The Complete Idiot's Guide to Online Medical Resources" (Alpha Books, 2000, $18.95).

It's hard to quarrel with forgoing the long lines at the local pharmacy, but what about having a pharmacist you recognize, who will be there tomorrow if you have a question? "It's very dangerous for someone to circumvent the prescription process, which is there for the protection of the consumer," Price said.

In particular, lifestyle drugs like Viagra have become popular via the Web, she said, because it gives some people a way to avoid discussion or face the prospect of being turned down by a doctor who actually knows their medical history.

Risks include getting a drug you shouldn't take, or getting a drug that isn't what it's supposed to be. "Some sites are fly-by-night," said Price, "and a lot of the medications are coming from places overseas that do not have the same restrictions and regulations that we do." What you need to do is distinguish between the type of online pharmacy that plays by the rules and one that does not. Harvey Jacobs, an Internet attorney with Jacobs & Associates in Washington, said the National Association of Boards of Pharmacy (www.nabp.net) has a program called VIPPS (Verified Internet Pharmacy Practice Site). Any online pharmacy that carries its seal has passed a rigorous review based on 17 criteria. They include the opportunity to consult with a pharmacist and assurance of compliance with licensing and inspection requirements of both the pharmacy's state of origin and each state to which it dispenses drugs.

Similarly, there's a move afoot to verify the identity of doctors online.

Intel Corp. is working with the American Medical Association (AMA) to issue digital IDs to physicians.

"We think that health is one of those online areas where it's really critical that you understand in a real world sense who the parties are on both ends of an online transaction," said Mariah Scott, general manager of Intel's Internet Authentication Services. The next step, she said, is to have IDs for consumers for use in creating and accessing personal medical records online confidentially.

It's not likely that you'll be able to avoid such issues of telemedicine for long.

"Health care plans are being connected to their patients, and physicians are being connected to each other, their patients, and to health plans. It's all in the works," said Doug Hastings, president-elect of the American Health Lawyers Associates in Washington.

The health care field is a highly regulated one, with the federal government and each of the 50 states having a hand in multiple rules for physicians, hospitals, HMOs, pharmacies. But, said Hastings, a lot of regulatory agencies say they can't really keep up.

For example, each state licenses its own physicians and pharmacies, said Linda C. Fentiman, director of the health law and policy program at Pace University Law School in White Plains. So what happens if you're online in New York, ordering from a pharmacy or getting advice from a doctor licensed in California? Under current rules, a doctor has to be licensed in New York to practice medicine in New York, and a pharmacist has to be licensed here to dispense drugs in the state. Problems may include using a doctor who is, in effect, practicing without a license and resolving the question of jurisdiction if you ever needed to bring that doctor to court.

Fentiman said she hopes legislation down the road may change some of this, including providing for some form of national licensure for doctors who perform any type of telemedicine.

What complicates the matter is that these questions are not just about patient care, she said, but are "an economic and turf issue. Each state has a strong medical society and a lot of lobbying clout." But in the short-term there is at least one approach that still works to fend off the unreliable, invalid or risky. The AMA, which recently started a peer-reviewed Web site connected with medical specialty societies (www.medem.com), "is very supportive of the electronic networks," said its president, Dr. Thomas O. Reardon. But when it comes to using those networks wisely, he said, "you should still see your physician and go over all that information and all your symptoms."

 
  
 
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