Legal Considerations on the Current Situation of Online Prescription Drug Sales

Chang Jinfeng; Chen Yuan; Zhou Yinzi; Yao Jun

doi:doi:10.11648/j.sd.20221002.21

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Legal Considerations on the Current Situation of Online Prescription Drug Sales

Chang Jinfeng, Chen Yuan, Zhou Yinzi, Yao Jun

Published in Science Discovery (Volume 10, Issue 2)

Received: 26 April 2022 Accepted: Published: 28 April 2022

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Abstract

Online drug sales are booming nowadays, and online sales of some prescription drugs are no longer prohibited by law, following over-the-counter ones. Because of its particularity, prescription drugs must be used according to doctor’s prescription to ensure their safety.In order to explore the illegal aspects in the current online prescription drug sales, the authors took three cases as the perspective and found out the following problems: Firstly, some online doctors do not hold valid certificates of medical practice; Secondly, doctors carry out first-diagnosis activities in violation of Internet Diagnosis and Treatment Management Measures; Thirdly, doctors do not follow the technical operation specifications, resulting in the diagnosis and treatment services are not compliant; Fourthly, doctors prescribe prescriptions in violation of the Prescription Management Measures. In addition, after the emergence of medical disputes, the responsibilities among online platforms, Internet hospitals and the physical medical institutions relied on are not clear, which is very detrimental to the rights protection of patients. The above problems seriously deviate from the safety principles that prescription drugs should follow. To study the current illegality of the current online prescription drug sales process, the author take the form of cases to carry out legal analysis. Furthermore, the authors hope that this analysis can attract the attention of the medicine, law, business and competent departments, so as to protect the basic human health rights of drug users right.

Published in	Science Discovery (Volume 10, Issue 2)
DOI	10.11648/j.sd.20221002.21
Page(s)	82-87
Creative Commons	This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.
Copyright	Copyright © The Author(s), 2024. Published by Science Publishing Group

Keywords

Online Drug Sales, Prescription Drugs, Prescription, Security

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APA Style

Chang Jinfeng, Chen Yuan, Zhou Yinzi, Yao Jun. (2022). Legal Considerations on the Current Situation of Online Prescription Drug Sales. Science Discovery, 10(2), 82-87. https://doi.org/10.11648/j.sd.20221002.21

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ACS Style

Chang Jinfeng; Chen Yuan; Zhou Yinzi; Yao Jun. Legal Considerations on the Current Situation of Online Prescription Drug Sales. Sci. Discov. 2022, 10(2), 82-87. doi: 10.11648/j.sd.20221002.21

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AMA Style

Chang Jinfeng, Chen Yuan, Zhou Yinzi, Yao Jun. Legal Considerations on the Current Situation of Online Prescription Drug Sales. Sci Discov. 2022;10(2):82-87. doi: 10.11648/j.sd.20221002.21

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@article{10.11648/j.sd.20221002.21,
  author = {Chang Jinfeng and Chen Yuan and Zhou Yinzi and Yao Jun},
  title = {Legal Considerations on the Current Situation of Online Prescription Drug Sales},
  journal = {Science Discovery},
  volume = {10},
  number = {2},
  pages = {82-87},
  doi = {10.11648/j.sd.20221002.21},
  url = {https://doi.org/10.11648/j.sd.20221002.21},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.sd.20221002.21},
  abstract = {Online drug sales are booming nowadays, and online sales of some prescription drugs are no longer prohibited by law, following over-the-counter ones. Because of its particularity, prescription drugs must be used according to doctor’s prescription to ensure their safety.In order to explore the illegal aspects in the current online prescription drug sales, the authors took three cases as the perspective and found out the following problems: Firstly, some online doctors do not hold valid certificates of medical practice; Secondly, doctors carry out first-diagnosis activities in violation of Internet Diagnosis and Treatment Management Measures; Thirdly, doctors do not follow the technical operation specifications, resulting in the diagnosis and treatment services are not compliant; Fourthly, doctors prescribe prescriptions in violation of the Prescription Management Measures. In addition, after the emergence of medical disputes, the responsibilities among online platforms, Internet hospitals and the physical medical institutions relied on are not clear, which is very detrimental to the rights protection of patients. The above problems seriously deviate from the safety principles that prescription drugs should follow. To study the current illegality of the current online prescription drug sales process, the author take the form of cases to carry out legal analysis. Furthermore, the authors hope that this analysis can attract the attention of the medicine, law, business and competent departments, so as to protect the basic human health rights of drug users right.},
 year = {2022}
}

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TY  - JOUR
T1  - Legal Considerations on the Current Situation of Online Prescription Drug Sales
AU  - Chang Jinfeng
AU  - Chen Yuan
AU  - Zhou Yinzi
AU  - Yao Jun
Y1  - 2022/04/28
PY  - 2022
N1  - https://doi.org/10.11648/j.sd.20221002.21
DO  - 10.11648/j.sd.20221002.21
T2  - Science Discovery
JF  - Science Discovery
JO  - Science Discovery
SP  - 82
EP  - 87
PB  - Science Publishing Group
SN  - 2331-0650
UR  - https://doi.org/10.11648/j.sd.20221002.21
AB  - Online drug sales are booming nowadays, and online sales of some prescription drugs are no longer prohibited by law, following over-the-counter ones. Because of its particularity, prescription drugs must be used according to doctor’s prescription to ensure their safety.In order to explore the illegal aspects in the current online prescription drug sales, the authors took three cases as the perspective and found out the following problems: Firstly, some online doctors do not hold valid certificates of medical practice; Secondly, doctors carry out first-diagnosis activities in violation of Internet Diagnosis and Treatment Management Measures; Thirdly, doctors do not follow the technical operation specifications, resulting in the diagnosis and treatment services are not compliant; Fourthly, doctors prescribe prescriptions in violation of the Prescription Management Measures. In addition, after the emergence of medical disputes, the responsibilities among online platforms, Internet hospitals and the physical medical institutions relied on are not clear, which is very detrimental to the rights protection of patients. The above problems seriously deviate from the safety principles that prescription drugs should follow. To study the current illegality of the current online prescription drug sales process, the author take the form of cases to carry out legal analysis. Furthermore, the authors hope that this analysis can attract the attention of the medicine, law, business and competent departments, so as to protect the basic human health rights of drug users right.
VL  - 10
IS  - 2
ER  -

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Author Information

Chang Jinfeng

Law School, Fudan University, Shanghai, China
Chen Yuan

Law School, Fudan University, Shanghai, China
Zhou Yinzi

Law School, Fudan University, Shanghai, China
Yao Jun

Law School, Fudan University, Shanghai, China

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Plain Text BibTeX RIS

APA Style

Chang Jinfeng, Chen Yuan, Zhou Yinzi, Yao Jun. (2022). Legal Considerations on the Current Situation of Online Prescription Drug Sales. Science Discovery, 10(2), 82-87. https://doi.org/10.11648/j.sd.20221002.21

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ACS Style

Chang Jinfeng; Chen Yuan; Zhou Yinzi; Yao Jun. Legal Considerations on the Current Situation of Online Prescription Drug Sales. Sci. Discov. 2022, 10(2), 82-87. doi: 10.11648/j.sd.20221002.21

Copy | Download

AMA Style

Chang Jinfeng, Chen Yuan, Zhou Yinzi, Yao Jun. Legal Considerations on the Current Situation of Online Prescription Drug Sales. Sci Discov. 2022;10(2):82-87. doi: 10.11648/j.sd.20221002.21

Copy | Download

@article{10.11648/j.sd.20221002.21,
  author = {Chang Jinfeng and Chen Yuan and Zhou Yinzi and Yao Jun},
  title = {Legal Considerations on the Current Situation of Online Prescription Drug Sales},
  journal = {Science Discovery},
  volume = {10},
  number = {2},
  pages = {82-87},
  doi = {10.11648/j.sd.20221002.21},
  url = {https://doi.org/10.11648/j.sd.20221002.21},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.sd.20221002.21},
  abstract = {Online drug sales are booming nowadays, and online sales of some prescription drugs are no longer prohibited by law, following over-the-counter ones. Because of its particularity, prescription drugs must be used according to doctor’s prescription to ensure their safety.In order to explore the illegal aspects in the current online prescription drug sales, the authors took three cases as the perspective and found out the following problems: Firstly, some online doctors do not hold valid certificates of medical practice; Secondly, doctors carry out first-diagnosis activities in violation of Internet Diagnosis and Treatment Management Measures; Thirdly, doctors do not follow the technical operation specifications, resulting in the diagnosis and treatment services are not compliant; Fourthly, doctors prescribe prescriptions in violation of the Prescription Management Measures. In addition, after the emergence of medical disputes, the responsibilities among online platforms, Internet hospitals and the physical medical institutions relied on are not clear, which is very detrimental to the rights protection of patients. The above problems seriously deviate from the safety principles that prescription drugs should follow. To study the current illegality of the current online prescription drug sales process, the author take the form of cases to carry out legal analysis. Furthermore, the authors hope that this analysis can attract the attention of the medicine, law, business and competent departments, so as to protect the basic human health rights of drug users right.},
 year = {2022}
}

Copy | Download

TY  - JOUR
T1  - Legal Considerations on the Current Situation of Online Prescription Drug Sales
AU  - Chang Jinfeng
AU  - Chen Yuan
AU  - Zhou Yinzi
AU  - Yao Jun
Y1  - 2022/04/28
PY  - 2022
N1  - https://doi.org/10.11648/j.sd.20221002.21
DO  - 10.11648/j.sd.20221002.21
T2  - Science Discovery
JF  - Science Discovery
JO  - Science Discovery
SP  - 82
EP  - 87
PB  - Science Publishing Group
SN  - 2331-0650
UR  - https://doi.org/10.11648/j.sd.20221002.21
AB  - Online drug sales are booming nowadays, and online sales of some prescription drugs are no longer prohibited by law, following over-the-counter ones. Because of its particularity, prescription drugs must be used according to doctor’s prescription to ensure their safety.In order to explore the illegal aspects in the current online prescription drug sales, the authors took three cases as the perspective and found out the following problems: Firstly, some online doctors do not hold valid certificates of medical practice; Secondly, doctors carry out first-diagnosis activities in violation of Internet Diagnosis and Treatment Management Measures; Thirdly, doctors do not follow the technical operation specifications, resulting in the diagnosis and treatment services are not compliant; Fourthly, doctors prescribe prescriptions in violation of the Prescription Management Measures. In addition, after the emergence of medical disputes, the responsibilities among online platforms, Internet hospitals and the physical medical institutions relied on are not clear, which is very detrimental to the rights protection of patients. The above problems seriously deviate from the safety principles that prescription drugs should follow. To study the current illegality of the current online prescription drug sales process, the author take the form of cases to carry out legal analysis. Furthermore, the authors hope that this analysis can attract the attention of the medicine, law, business and competent departments, so as to protect the basic human health rights of drug users right.
VL  - 10
IS  - 2
ER  -

Copy | Download