Prescriptions Sans Frontieres (or How I Stopped Worrying About Viagra on the Web But Grew Concerned About the Future of Healthcare Delivery)

Abstract

This Article argues that the threat posed by rogue Internet prescribing and dispensing does not justify the level, style, and mechanics of current regulation. Current and emerging regulation may chill the development of lawful, efficient, necessary, and patient-friendly services and recommends alternate approaches. Part I of the Article sets out the key distinguishing features of the aforementioned initiatives and suggests that simple confusion between different and emergent models seem to be misleading legislators and regulators and imperiling patient choice. Part II discusses current regulation of Internet prescribing and dispensing and addresses the areas that most concern regulators. In the process, it examines the regulation of Internet prescribing by state licensing boards and the controversy surrounding transnational prescription dispensing. Parts III and IV of the Article then look beyond the current forms of Internet prescribing and dispensing to identify the stakeholders and critically analyze the regulatory themes that populate the landscape. These themes, including those labeled as uneasy federalism, under-regulation, and over-regulation, help us better understand the ways our legal and regulatory systems create disincentives to the adoption of new technologies or business models. Part V of the Article describes the steps necessary to maintain rigorous control over healthcare quality while avoiding disincentives to the provision of the next generation of effective and efficient healthcare.