Lawyer Article

Doctors who prescribe medicine over the internet with no physical examination may be disciplined for placing patients at risk, according to a state supreme court decision. This decision, which may encourage a trend of discipline for internet doctors, held that not enough patient safeguards had been in place for remote medical treatment.

The Supreme Court of North Dakota upheld an administrative judge’s decision to discipline a physician who approved more than 15,000 prescriptions over the internet in one year. The Court agreed with the administrative ruling that the doctor had put his patients at risk by losing them in “the volume and maze of the computer-driven process.”

Dr. Miles Jones had served as medical director of Net Doctor International and filled prescriptions for visitors to the private company’s web sites. Jones testified that he spent five percent of his practice prescribing medications online, and nearly all of those prescriptions were for erectile dysfunction medication. The state medical board revoked Jones’ license to practice medicine, but the Court held that the Board would need to provide more information before such a severe level of discipline could be upheld.

Testimony at the administrative hearing from a member of a special committee on professional conduct recommended face-to-face contact between doctor and patient prior to a prescription being issued, as well as medical internet sites disclosing the name of the site operator, disclosing the name and credentials of the physician involved, providing a full-time telephone number for patients to speak directly with physicians, and review of patient medical records.

The Court held that some circumstances may allow for remote internet diagnosis and prescription, but that those circumstances were not shown in this case.