Pubdate: Wed, 22 Oct 2003 Source: Sun-Sentinel (Fort Lauderdale, FL) Copyright: 2003 Sun-Sentinel Company Contact: http://www.sun-sentinel.com/ Details: http://www.mapinc.org/media/159 JUDGE PUSHES DEA TO BACK OFF DAVIE LICENSE SUSPENSION FORT LAUDERDALE -- A judge pressed the Drug Enforcement Administration on Tuesday to back off an order shutting down a pharmacy for filling online prescriptions, but the agency would not. Lifeline Pharmacy and its supplier C&W Wholesale were shut down Oct. 10 after the DEA suspended their licenses for allegedly violating state law and federal regulations with its Internet-generated business. The jointly owned companies based in Davie are seeking an injunction allowing them to resume their traditional wholesale and retail businesses with an agreement to stay away from the Web. U.S. District Judge William Dimitrouleas pushed the two sides into an order both could accept. But after phone calls to Washington, Assistant U.S. Attorney Marilynn Lindsay said DEA was sticking to the suspension. The judge asked whether the DEA's goal was to ``shut down C&H or curtail this burgeoning spread of Internet pharmacy activity without doctors seeing patients.'' Lindsay said the agency wanted to remove the potential for abuse. Dimitrouleas found fault with the way the DEA stepped in, saying he didn't think the agency followed federal law by yanking the license without setting a hearing within 30 days to hear any appeal. No date has been set for such a hearing. The companies said they have already fired six of 30 employees since the raid and will have to get rid of 11 more in the next two weeks unless the suspension is lifted. Lifeline sold 2.9 million doses of prescription drugs, mostly for weight loss and sleep aids, to online customers in less than three months this year, the DEA said. Lifeline and C&W said they did not generate prescriptions through their own Web sites but filled doctor-approved orders obtained through an Internet clearinghouse for more than 50 Web sites. The prescriptions were authorized by five doctors in California, Florida, Kentucky, New Jersey and Pennsylvania, investigators said. Federal regulations state that a doctor is authorized to prescribe drugs while ``acting in the usual course of his professional practice.'' The DEA issued a notice in April 2001 saying online questionnaires were an inadequate basis for prescriptions. Hersch said that served as ``a position paper'' and did not have the force of regulations. Florida began requiring personal contact between doctors and patients to issue most prescriptions Sept. 14, but company attorney Richard Hersch said most states do not mandate it. ``I really do think there's room for interpretation here,'' said Hersch. C&H opened in 1999 and became a high-volume wholesaler of the sleeping pill Ambien and diet pills, including amphetamines and phentermine, the DEA said. Lifeline filled up to 1,000 orders a day from online prescriptions. - --- MAP posted-by: Josh