Volume I

Issue : 1: July 10, 2003

• The Dangers of Text Messaging
• Pop Up Purveyor Prevails in District Court
• Intel Loses Email Trespass Case on Appeal in California
• U.S. Court of Appeals Upholds Aimster Decision
• U.S. Federal Court of Appeal Reverses "Must Carry" Java Order Against Microsoft
• New York Court of Appeals Releases Key Decision in Telecommuting Case
• Quebec Court Upholds Websites Terms of Use Based on Implied Consent
• Adware Company Wins U.S. Summary Judgment Against U-Haul
• Government of Canada Wins Back Dot-Ca Domain Names in CDRP Proceeding
• Industry Canada Releases Authentication Consultation Report
• U.S. Supreme Court Upholds CIPA in Software Filtering Case
• U.S. Supreme Court Declines to Hear Two Key Cases
• Doctor Suspended Over Prescribing Medication For Customers of Online Pharmacies
• U.S. Court of Appeals Overturns Texas Online Wines Sales Law

Home > Volume I > Issue 1: July 10, 2003 > Doctor Suspended Over Prescribing Medication For Customers of Online Pharmacies

Doctor Suspended Over Prescribing Medication For Customers of Online Pharmacies

Recently, André Loiselle, a physician with licenses to practice medicine in both the United States and Canada had his license to practice medicine suspended by the College of Physicians and Surgeons of New Brunswick ("College") for prescribing medication to clients of online pharmacies without a physical examination. After the suspension, Dr. Loiselle filed an application for judicial review in the Court of Queen's Bench of New Brunswick asking the Court to quash the College's decision to suspend his New Brunswick Border Area License.

The suspension resulted from an investigation of a complaint that had been laid with the Manitoba Pharmaceutical Association ("Association"), a regulatory body for the practice of pharmacy in the Province of Manitoba . The Association investigated the complaint and after conducting on-site audits, found that certain pharmacies located in Manitoba were providing prescription medication online. The online service principally provided medication to American residents. Because a prescription ordered by an American physician is not valid in Canada , the pharmacies in Manitoba enlisted the aid of Canadian licensed physicians to either co-sign the order or rewrite a "new order". Neither of these actions typically involved the patient seeing the Canadian licensed medical practitioner. Typically, a "medical assessment" was done based on self-disclosed information by the patient or, at times, referral information from the patient's American physician.

With respect to Loiselle's application, the New Brunswick Court in agreeing with the College found that the suspension was reasonable on public safety grounds.

For a copy of the decision, visit:

http://www.canlii.org/nb/cas/nbqb/2003/2003nbqb107.html