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RESOLUTION NO: 118-5-22
TITLE: Ryan Haight Act and Drug Enforcement Administration Telepharmacy Regulations
ACTION: PASS

WHEREAS, the Ryan Haight Act, which was aimed at curbing the illegal online sale of controlled substances (CS), was passed by Congress in 2008 and defines “online pharmacy”;1and

WHEREAS, the Ryan Haight Act does not have any reference to or provide any definition of the practice of “telepharmacy”; and

WHEREAS, Drug Enforcement Administration (DEA) issued a final rule on September 30, 2020, regarding the implementation of the Ryan Haight Act as it relates to the regulation and enforcement of telepharmacy;2 and

WHEREAS, DEA now interprets the Ryan Haight Act and implementing rules to require a state-licensed telepharmacy to accept only electronically prescribed CS prescriptions; and

WHEREAS, the utilization of telepharmacy in rural and underserved urban communities has played a critical role in increasing patient access to medications and care; 

THEREFORE BE IT RESOLVED that NABP continue its efforts to inform DEA and Congress about the importance of state regulation of telepharmacy and the potential impact that DEA regulation could have on patient access to medications; and

BE IT FURTHER RESOLVED that NABP continue discussions with DEA regarding these issues to ensure that patients have optimal access to needed medications and pharmacist care; and

BE IT FURTHER RESOLVED that NABP continue to encourage boards of pharmacy to engage with DEA and their congressional delegation, if allowed, on any proposed regulations.

(Resolution passed at the 118th Annual Meeting in Phoenix, AZ.)

1https://www.govinfo.gov/content/pkg/BILLS-110hr6353enr/pdf/BILLS-110hr6353enr.pdf

2https://www.federalregister.gov/documents/2020/09/30/2020-21310/implementation-of-the-ryan-haight-online-pharmacy-consumer-protection-act-of-2008