12 2 STA T .48 21 PUBLIC LA W 11 0– 42 5—O CT. 15 , 2008 ‘ ‘ (3)Nothing in thi s s ub s ec tion sh al la p pl y to — ‘‘( A ) the d eli v e r y , distribution, or dispensing o f a con - trolled substance by a practitioner engaged in the practice of tele m edicine
or ‘‘( B ) the dispensing or selling of a controlled substance pursuant to practices as determined by the Attorney G en- eral by regulation, w hich shall be consistent with effective controls against diversion .’ ’. SEC.3 . AM E ND MEN T ST O T H E CONT R O L LED S UB STANCES ACT RELAT I N G TO THE DELI V ER Y O F CONTROLLED SUBSTANCES BY MEANS OF THE INTERNET. (a) IN G E NE RAL .— S ection 102 of the C ontrolled Substances Act (21 U .S.C. 8 02) is amended by adding at the end the following
‘‘( 5 0) T he term ‘Internet’ means collectively the myriad of com- puter and telecommunications facilities, including e q uipment and operating software, which comprise the interconnected worldwide networ k of networks that employ the Transmission Control P rotocol / Internet Protocol, or any predecessor or successor protocol to such protocol, to communicate information of all kinds by wire or radio. ‘‘(51) The term ‘deliver, distribute, or dispense by means of the Internet’ refers, respectively, to any delivery, distribution, or dispensing of a controlled substance that is caused or facilitated by means of the Internet. ‘‘(52) The term ‘online pharmacy’— ‘‘(A) means a person, entity, or Internet site, whether in the United States or abroad, that knowingly or intentionally delivers, distributes, or dispenses, or offers or attempts to deliver, distribute, or dispense, a controlled substance by means of the Internet; and ‘‘(B) does not include— ‘‘(i) manufacturers or distributors registered under sub- section (a), (b), (d), or (e) of section 303 who do not dispense controlled substances to an unregistered individual or entity; ‘‘(ii) nonpharmacy practitioners who are registered under section 303(f) and whose activities are authori z ed by that registration; ‘‘(iii) any hospital or other medical facility that is oper- ated by an agency of the United States (including the Armed F orces), provided such hospital or other facility is registered under section 303(f); ‘‘(iv) a health care facility owned or operated by an Indian tribe or tribal organization, only to the e x tent such facility is carrying out a contract or compact under the Indian Self- D etermination and E ducation Assistance Act; ‘‘(v) any agent or employee of any hospital or facility referred to in clause (iii) or (iv), provided such agent or employee is lawfully acting in the usual course of business or employment, and within the scope of the official duties of such agent or employee, with such hospital or facility, and, with respect to agents or employees of health care facilities specified in clause (iv), only to the extent such individuals are furnishing services pursuant to the con- tracts or compacts described in such clause; ‘‘(vi) mere advertisements that do not attempt to facili- tate an actual transaction involving a controlled substance;
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