Page:United States Statutes at Large Volume 122.djvu/4845

 12 2 STA T .48 22 PUBLIC LA W 11 0– 42 5—O CT. 15 , 2008 ‘ ‘ (vi i )aperson, en t it y ,or I nternet site t h at is not in the U nite dS tates and does not f a c i l itate the delivery, distri bu tion, or dispensin g of a controlled substance by m eans of the Internet to any person in the United States ‘‘(viii) a pharmacy registered under section 30 3(f) w hose dispensing of controlled substances via the Internet consists solely of — ‘‘(I) refilling prescriptions for controlled substances in schedule III, I V, or V, as defined in paragraph ( 5 5); or ‘‘(II) filling new prescriptions for controlled sub - stances in schedule III, IV, or V, as defined in para- graph (5 6 ); or ‘‘(i x ) any other persons for whom the A ttorney G eneral and the Secretary have j ointly, 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 ’. ‘‘(53) T he term ‘homepage’ means the opening or main page or screen of the website of an online pharmacy that is viewable on the Internet. ‘‘(5 4 ) The term ‘practice of telemedicine’ means, for purposes of this title, the practice of medicine in accordance with applicable F ederal and State laws by a practitioner (other than a pharmacist) who is at a location remote from the patient and is communicating with the patient, or health care professional who is treating the patient, using a telecommunications system referred to in section 18 34(m) of the Social Security Act, which practice— ‘‘(A) is being conducted— ‘‘(i) while the patient is being treated by, and physically located in, a hospital or clinic registered under section 303(f); and ‘‘(ii) by a practitioner— ‘‘(I) acting in the usual course of professional prac- tice; ‘‘(II) acting in accordance with applicable State law; and ‘‘(III) registered under section 303(f) in the State in which the patient is located, unless the practi- tioner— ‘‘(aa) is exempted from such registration in all States under section 30 2 (d); or ‘‘(bb) is— ‘‘(AA) an employee or contractor of the D epartment of Veterans Affairs who is acting in the scope of such employment or contract; and ‘‘( B B) registered under section 303(f) in any State or is utili z ing the registration of a hospital or clinic operated by the Depart- ment of Veterans Affairs registered under sec- tion 303(f); ‘‘(B) is being conducted while the patient is being treated by, and in the physical presence of, a practitioner— ‘‘(i) acting in the usual course of professional practice; ‘‘(ii) acting in accordance with applicable State law; and

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