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75 Wash. L. Rev. 1331 (2000)
Doctoring Prescriptions: Federal Barriers to Combating Prescription Drug Fraud against On-Line Pharmacies in Washington

handle is hein.journals/washlr75 and id is 1347 raw text is: Copyright 0 2000 by Washington Law Review Association DOCTORING PRESCRIPTIONS: FEDERAL BARRIERS TO COMBATING PRESCRIPTION DRUG FRAUD AGAINST ON-LINE PHARMACIES IN WASHINGTON Eric M. Peterson Abstract- Prescription drug abuse represents a significant portion of drg abuse in the United States. Drug-seeking individuals alter, steal, or forge prescriptions to sustain their own dependence on prescription medications or to divert the drugs to sell to others at inflated rates. On-line pharmacies are a relatively new source for prescription medications and a potential target for prescription drug fraud. The federal government recently enacted the Electronic Signatures in Global and National Commerce Act (E-SIGN), which governs electronic signatures and preempts inconsistent provisions of state laws, such as the Washington Electronic Authentication Act (WEAA). WEAA is a legal framework that could be effectively amended to eliminate nearly all prescription drug fraud perpetrated against on-line pharmacies. However, E-SIGN preempts a crucial WEAA provision and prohibits enacting a key recommended amendment to WEAA, both of which are necessary to combat this problem. Options permissible after E-SIGN, such as voluntary self-regulation by the on-line pharmacy industry and amendment of WEAA, will not comprehensively and effectively prevent this type of fraud. Therefore, E-SIGN fundamentally alters Washington's ability to protect the public's health, safety, and welfare from prescription fraud perpetrated against on- line pharmacies. Mark' is a thirty-three-year-old professional who is addicted to the prescription anti-anxiety medication Xanax.2 At age twenty-nine, Mark began using Xanax under the care of his physician to treat anxiety attacks associated with the airline travel required by a new job. Xanax successfully treated Mark's symptoms and he revisited his physician, who authorized one additional refill and recommended a counselor to help Mark learn to manage his fear of flying. However, Mark failed to schedule an appointment with the counselor and suffered through two extremely frightening flights after he ran out of Xanax. He returned to his physician's office and promised to schedule an appointment with the counselor. The physician gave Mark an additional prescription for Xanax with two refills to last until he could schedule the appointment, admonishing him that there would be no further refills until Mark had seen the counselor. By the end of the second refill, Mark was using Xanax to cope with causes of stress other than just flying. 1. This scenario is a hypothetical created by the author. 2 Xanax is the brand name of the generic drug alprazolam, which is primarily used to treat anxiety disorders and can cause psychological dependence. See Medical Economics Company, Physicians Desk Reference (54th ed. 2000). 1331

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