News and Views on Telemedicine Providers & Pain Management

On-line Medicine and SB 242, HR 380, S 980

Pain Management and the law

SB242 & HR380, S 980 What You Can Do Track The Bills Guestbook Resources TOC Letters From Chronic Pain Sufferers About Us

Take part in Project Selene, perhaps one of the only studies that gives those who seek medicine online a chance to express their experiences Participate in an anonymous survey about your experiences with obtaining Medicine online.

January 2008 - Link to the Project Selene Study

Your participation is encouraged

An important Study, Described Below is now live and available to the Chronic Pain or Anxiety Patient who has at some point availed themselves of Online Medicine.  The Survey is unbiased and anonymous.  Your participation is encouraged
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 This site changes with the times.  If you are counting on getting older and maintaining your quality of life, they'll soon be some more very worthwhile reading here.  Please This Site and keep reading! We must be pragmatic as well as pro-active!

We're
working on a proposal for a hybrid solution that would eliminate the main issue the regulatory agencies have with Telemedicine - The lack of a face to face visit, at least once or yearly with your prescribing Doctor.
 

Project Selene: Link to Survey

Important Note: Our inclusion of Dr. Boyer's Research Study below is included strictly because of its newsworthiness for Chronic Pain Patients who have utilized Online Resources.  It is possible that some Chronic Pain Patients may be able to participate in Dr. Boyer's study.  It is essential to note that any opinion or link to resources appearing on this site does not necessarily represent the opinion or endorsement of Dr. Boyer.  All other material appearing on this site represent the individual opinions of those who see a future for the Internet and the delivery of maintenance medications to those in need of such.

Dr. Boyer, as such, is interested in finding out what the truth is behind the "Online Consultation Service" - "Internet Pharmacy" and whether it is a viable method of medical care -  without the hyperbole that the popular media is obliged to include in any accounts that are reported on slow news days or as ratings gambits.  Do not think of Dr. Boyer as an "advocate for the Online Pharmacy", per se.  He is unique in that he is the only credentialed (and highly so!)  individual we've heard of that is actually attempting to produce an unbiased study of the "Internet Pharmacy" and all that entails.

We can accept his findings, be they positive, negative or somewhere in between.  At least we know an unbiased professional has taken the time to do substantial research into a subject so grossly misunderstood by the American public.

Project Selene - Dr. Edward Boyer - project selene,dr edward boyer,pain, chronic pain study

Associate Professor of Emergency Medicine
Director of Toxicology
Director, Toxicology Fellowship

Information about Dr. Boyer & Project Selene for those interested in participating.
This will open in a new window.  Below are the details:


Project Selene:
Chronic pain from a variety of health conditions is very common; for many people suffering disabling conditions, opioid analgesics are a necessary treatment since this class of drugs is among the most powerful therapies for
most forms of pain. However, long-term opioid treatment, particularly in the setting of chronic pain, can produce negative health consequences such as opioid tolerance, dependence, withdrawal, and intoxication. This has created
a difficult situation for health care providers who consider using opioids analgesics to treat their patients for pain. Furthermore, restrictions placed upon physicians who attempt to adequately treat legitimate pain have
led some patients to seek opioid analgesics from alternate sources, such as Internet pharmacies. The purpose of this research survey is to determine the characteristics of individuals who purchase opioid analgesics from Internet
pharmacies to treat chronic pain, as well as to compare differences in opioid knowledge, attitudes, beliefs, and practices among patients with chronic pain. Furthermore, this study will determine the feasibility of
conducting serial surveys in a population who purchases opioid analgesics from Internet pharmacy services. Data from this survey may be used to develop treatments for patients with chronic pain, and will hopefully minimize tolerance, dependence, and withdrawal from this important drug class. Participants who complete the survey will be compensated for their time. This research study is IRB approved, H-12211. - Dr. Edward Boyer.

And now more on the immediate threats Telemedicine faces from misguided efforts of politicians, the media and Law Enforcement Agencies


Alerts, a serious threat to the reputable Online Medical Providers!

Urgent News:  05/2007 - The threats keep coming, more painful bullets for the Chronic Pain Patient to further endure.
Below is (almost) the latest:

 There are many bills floating around the various legislative bodies designed to ruin what has become a viable method for adults, not teenagers, to obtain maintenance medications for chronic pain and anxiety.  The latest bill to come to our notice is S 980  - `Online Pharmacy Consumer Protection Act of 2007' - which unlike the other languishing bills before our legislators, zeros in on Telemedicine.  The bill contains dangerous language based upon 'urban legends' and the long gone early days of the 'wild, wild, web'.  Nowadays, most Telemedicine providers are self-policing and would better serve a large, painful portion of the population in need, through regulation - which no one is against. This punitive legislation would mete out prison sentences to healers more severe than those given many rapist and murderers.

Changes need to be made for there to be a workable Telemedicine, but they should come through clear, reasonable regulation, not impossible to meet standards designed to sneakily destroy the future that medicine and the internet can share.

Parts of this latest bill are reasonable.  Any responsible patient does want to see the doctor and pharmacy's licensing information clearly on the website.  The only reason we see little of that now is because it invites DEA harassment based on what is their interpretation of current law.

What's happening now to Telemedicine is wrong on so many fronts.  It's complicated to articulate some of the issues involved since they involve subtle interpretation of the Controlled Substances Act, but we will try in days to come.


More bills are springing up as an election year approaches. They vary little in substance.  The one element they have in common is to capitalize on the lack of consumer awareness of the role the Internet can play in Maintenance Medicine.  In their ill-researched justifications for playing heroic saviors, they rely on the same 'urban legends', gross exaggeration and deliberate omission of facts.  It's up to us to present a truer picture for the American public at large!

As of this posting, March 2007, there is a serious threat to the chronic pain and anxiety relief so many have found though legitimate resources on the Internet.  The common perception is that any medical entity doing business on the Internet is some sort of "pill mill" freely dispensing pain or anxiety medications with a click of the mouse and a credit card.  However among the vast array of Medical Resources that can be found on the Internet are services that put to rest the "pill mill" theory and behave just like 'Brick and Mortar' Medical Practices that have failed so many or are out of reach for so many sufferers because of lack of insurance, limited mobility and numerous other reasons.

Admittedly, the Online Consulting Services have some work to do to help improve their image, but our efforts can help. From the injured and sick in Tennessee who are all but ignored to the vast number of aging Americans who must deal with chronic pain for a long, long time - the OCS plays a vital role.  We can't let medical needs be controlled by law enforcement.  We're becoming a big loud voice in America and that counts as votes!  Pain Management Clinics and Pain Management Doctors can't service such a huge population of those in need without overwhelming insurance companies with the temporary fixes of injections and physical therapy.  That's assuming you have the insurance to cover it.  Almost a majority of Americans are now without health insurance!
Additionally, the pain management doctor that I've personally witnessed of late has taken on a disturbing trend - the use of SSRIs and other anti-depressant type medication to "treat" pain as though depression causes pain instead of the other way around.  Seeing a psychiatric therapist to "learn how to accept the pain" is unacceptable in our book.  How many agree?  Therefore despite the periodic threats our humble needs have faced in the past, this one has the potential to be more serious.  It could take years before a voter rebellion reverses this trend.  I can't suffer for years abusing OTC medication  like I used to. 

Meaningful pain relief from the tried and true methods is our right!  Of course, for many of us suffering from intractable pain, the relatively "mild" short acting Schedule III pain medications available through Online Consultation Services most certainly help, but there is a need for many of those patients to be better served by a Pain Management Clinic or Pain Management Doctor who can prescribe the Schedule II medications that, I REPEAT, are not available on the Web through Online Consultation Services.

Another issue many report upon surviving the waiting list for a Pain Management Doctor or Pain Management Clinic is that the assessment process often begins with the assumption that the applicant for Pain Management is treated like a criminal first and must prove themselves otherwise worthy over a long period of time.  "Screening" methods normally reserved for prisoners is the norm in ensuring that the rare drug abuser who may fool all the specialists they've already been assessed by to get an adequate supply of pain relief despite the rigid rules of the typical Pain Management Clinic or Pain Management Doctor.  This results in the "real" deserving patients enduring such indignities as random urine tests witnessed by a 3rd party, bring in medication bottles for random pill counts to make sure the patient hasn't gone through their monthly supply of medication too quickly (sometimes even by a pill or two).  Generally, the chronic pain patient isn't given a "second chance" should they lapse somehow since they are also human, they'll find themselves kicked unceremoniously out of the Pain Management Office should they "slip up" on one of the rules.  This runs contrary to parolees and individuals on probation, who are often given second and third chances after "dirty" urine tests.

This phenomena exists ostensibly because while prisons and jails are overcrowded, so some leeway must be given, there are so few Doctors willing to go into or continue with Pain Management Practices since they fear legal retribution and perhaps prison themselves because of the illegal actions that certain people who may have "slipped into" a Pain Management Facility may have misbehaved.

Therefore the Pain Management Doctor faces far greater legal sanctions than the OCS doctor since that jump between Schedule III medication prescribing and Schedule II is a wider chasm than would seem warranted.  Again, the end result is a paucity of Pain Management Clinics and Pain Management Doctors available to serve an ever growing population of "baby boomers" just starting the inevitable painful conditions that follow a lifetime of labor that runs the gamut from being chained to a desk in a sedentary position to performing heavy manual labor or repetitive tasks over a 30-50 year working career.

A list of Pain Management Clinics, Pain Management Doctors and other Pain Management resources, including reviews from those who have used these facilities is available from the valuable resource mentioned again later on this site - epharmacywatch.com especially on the VIP side of the forum.  However, most of epharmacywatch.com is devoted to discussions of the Online Consultation Services since they greatly outnumber the Doctors willing to specialize in Pain Management.  It's hard to fault a Doctor for choosing a different specialty than Pain Management given the unwarranted risks they incur working as a Pain Management Doctor or even riskier, operating a Pain Management Clinic.  Should they prescribe compassionately to the Chronic Pain Patient who behaves in a foolish manner, it's the Pain Management Doctor who pays the price.

Hence, we have the "compromise" solution that has evolved and matured from the earlier "Wild West" days of the Internet - the Online Consultation Service.   These brave OCS doctors take considerable risks to provide for a population in great need of any kind of pain relief that isn't merely the OTC medications suggested by the typical PCP or the genuinely dangerous and useless NSAIDs that are continually being pulled off the market.



For those of us not fortunate enough to have the access or money to jump through the hoops for Pain Management, you have a chance to save Telemedicine.  You've heard about the pending bills, a portion was "snuck in" to what looks like an otherwise mundane bill that would effectively outlaw the OCS. Your letters will count and here is a chance to tell the government officials that you elected what your situation is. You don't need to be a professional writer or a lawyer to write a persuasive letter.  Simply describe your misfortunes (don't go on and on about them though) and indicate how the OCS has been misunderstood and ask the officials that you put into office to take a harder look at Section 7 of the bills (which are identical) and give some thought to how you've been helped at your own expense without draining any government money.

If you read on, you'll find instructions on how to learn who your Congresspeople and Senators are. Write them and the other sponsors if you have time.  We must do this!

Remember to stress the true relatively virtuous nature of pain relief available from Online Consultation Services.
Certain "underground" diversions may occur from time to time between individuals, but this is so far from the norm it most certainly does not warrant the attention the media attributes to them.  It appears that any article about Online Medical Providers MUST mention the feared and misunderstood OxyContin which is no doubt more widely available on the street than through any source on the Internet.

Urgent News:  2007

 sb242 Two identical Bills are before the House of Representatives and the Senate that will seriously threaten the well-being of an untold amount of chronic pain patients.  Please read below!

Official Name: Pharmaceutical Market Access and Drug Safety Act of 2007

Read The House Bill - HR 380 - particularly SEC. 7. INTERNET SALES OF PRESCRIPTION DRUGS

hr 380 current house of representative status According to govtrack.us, bills go first to committees that deliberate, investigate, and revise bills before they go to general debate. The majority of bills never make it out of committee.-- That don't mean we can sit tight though!!  Now's the time to have our say!

hr380 Telemedicine has a future.  We are it.  Patients who have benefited greatly through the availability of Online Consulting Services are in the best position to get the truth out.  Almost all of what the media reports is designed to be titillating and so poorly researched (if researched at all), that we generally laugh at the misconceptions.  However, unless we become proactive as far as protecting its future, we won't be laughing for long!

chronic pain patient activism Please seriously consider writing your Senator and Congressperson about these identical bills that are currently pending that would virtually eliminate the availability of Telemedicine while it's still in its infancy:

Go to thomas.loc.gov

Look on the middle of the page for "Search Bill Text"

Check the Radio Button for "Bill Number"

Search for ANY of these bills:

SB 242

HR 380

SB 980

Acquaint yourself with what they are planning. You're hurting, you can argue many of those points that are important to use better than a lawyer - specifically the portions under SEC. 7. INTERNET SALES OF PRESCRIPTION DRUGS.

SB 242 - The Senate Bill

HR 380 - House of Representative Bill

SB 980 - The Senate Bill

----

Find your respective Reps:

Look for your state Senators

Find your congressperson who votes in the House

Pharmaceutical Market Access and Drug Safety Act of 2007 You CAN write a meaningful and poignant letter describing our needs and under-treatment. They'll be surprised that the OCS didn't simply cater to "drug addicts" and "street sellers", but people with desperate pain and anxiety conditions with nowhere else to turn. Feel free to read letters contributed by fellow Chronic Pain Patients

If someone more articulate than I contributes a good "starter" sample letter, I'll be happy to publish its contents.  However, I personally feel that tons of identical letters obviously copied from the same source don't have the same meaning as a letter in your own words describing your personal reasons for needing Telemedicine to survive.  Don't feel you're not a writer and you may not spell every word right and use perfect grammar.  It's what's in your heart that may just change some elected official's mind on this issue that they generally know so little about.


chronic pain resources Our numbers are greater than many realize and are not confined simply to the membership of various pain message boards, the largest which contains the most up-to-date and credible information is epharmacywatch.com

. I believe we can make a change and again, I feel Telemedicine has a definite future. 


Your interest, as is everyone's, is appreciated and I do hope you get to cast a vote even in this modest effort.


To track the progress of HR 380, SB 242, SB 980 or any House/Senate Bill:

 chronic pain patients and the law Go to: govtrack.us

1) You may need to register with an email address and nickname.

2) Go to the 'Find a Bill' textbox and enter 'HR380'.

3) Follow the instructions to 'vote' on it and add a short (2-3 line) comment.

4) You may also want to click the button that says "Start Monitoring". This will give you email updates on this bill.

5) You may also want to compose a letter to the sponsor, Rep. Rahm Emanuel and some of the co-sponsors (there is a link to those officials we elected underneath) of this misguided bill  which can also be done from the site. That is a little tricky and you will have to persevere. The Govtrak site is a little buggy from time to time.

 

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Please keep in mind that anything you post in the Guestbook will be seen by all visitors.  We welcome comments of any variety relevant to the topic. Sample letters, suggestions, criticisms (be nice to us though -;)   --  BTW, the email address is NOT a mandatory field when leaving a comment.

Sample "starter letters" for those who wish to write their elected officials but have writer's cramp or simply don't know where to start are especially welcome.  I'll try to dig up some correspondence I've sent over the years to elected officials.  In fact, one letter I sent was published in USA Today back in 2004 during a similar crisis.  How about that?

 

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  More Resources
There may be an inclination among us  that making our true numbers known to the organizations listed below is kind of like 'preaching to the choir'.  However, their mission statements on Chronic Pain Treatment may not be aware of both how much potential clout the under-the-gun Telemedicine proponents can bring to the table.  Similarly the unique and sometimes clouded issues facing Telemedicine do need to be brought to the forefront.

In addition to signing petitions the below organizations may offer us, we need to also state our unique situations and we have an excellent opportunity with the below organizations.  These are the "easy" ones to convince of our needs, though it's quite likely they haven't heard much of the quality of life Telemedicine and the Online Consultation Providers have provided us with for several years - unless we tell them. Now that even the most diligent Online Consultation Services are under the gun, literally, it's time to make our voices known to anyone who will listen.

Please consider signing this petition from the American Pain Institute - They're AGAINST pain, not FOR it, BTW
Another Non Profit Organization The Pain Relief Network, working for the rights of Chronic Pain Patients
 Health care for older Americans  is just one of the many issues that AARP takes seriously and is probably the most well known group of its kind.  Their full name, The American Association for Retired People has become a misnomer over time.  You only need to be at least 50 years of age to join.  Their modest membership fee brings access to all sorts of benefits and discounts - and you needn't be retired, much as you may like to be....

Their vast Contact Page gives you an idea of all the different areas they've taken an active interest in that affect older Americans. This webmaster is a member - 50 years of age seemed to come at me out of nowhere suddenly! american association for retired people
Strictly a valuable information source and not an "activist group" as such, any Chronic Pain Patient should spend some time at THE place where we can commiserate with others like ourselves on the day-to-day issues facing the Chronic Pain patient. Perhaps their motto should be "You heard it first at epharmacywatch.com" because you most certainly will!

  Believers in Freedom of Speech, epharmacywatch.com may have some forums you may consider "disagreeable", but they are sincere, can't be "bought" and have much information about Online Consultation Services (more than you can absorb in one reading!) and much information about Activism and Health in general. If you find epharmacywatch.com helpful, please support them by becoming a VIP member. It's a truly modest fee.

Reading a little bit of what folks like yourselves have to say over there and you'll realize you're not alone in the despair, frustration and of course, pain that we all share. 
Association of American Physicians & Surgeons - This highly respected and recognized organization of Physicians & Surgeons are making their collective voices Heard regarding the 'War on Doctors' who treat chronic pain patients with adequate amounts of narcotic medication.

our site Table of Contents For This Site

Editorial
Some Stuff on the Sad State of the Times
Use your Common Sense
Some Media Reports on Telemedicine spanning the history of the Internet. They only demonstrate how little the perception of Telemedicine has changed in the eyes of the sensationalistic media.  Read one, you've read them all......
If you need Help with a substance abuse issue....
More to come very soon.

 

the ocs and the law About Us

About us and our goals:

Sadly, the general public as well as their elected officials have blindly accepted the myth that "medication combined with Internet" must be something nefarious and needs to be abolished.  While the identical bills cited below cover a lot of territory with regards to medical reform (I'm not smart enough to understand it all ), there is one troubling section that would wipe out services that have allowed perhaps hundreds of thousands of Americans to obtain proper and responsible care at least since the 21st. century began - the Online Consultation Service.

While many of the areas covered in the two identical bills are no doubt beneficial to the American public, scroll down to SEC. 7. INTERNET SALES OF PRESCRIPTION DRUGS. The current wording would effectively eliminate the ability of Doctors to treat patients on a maintenance basis which is the main function of the modern Online Consultation Service!

Several canards have developed and it is up to the Chronic Pain community to educate the luckier public at large as to what the Online Consultation Services provide and what they're all about:

1) It's virtually impossible for minors to "fool" the doctors who review the strict records demonstrating a chronic condition as well as a full recent physical exam that attests to the patient's general condition.  Such breaches may  occur, but is a rarity given the "checks and balances"  that only the savviest of young people could possibly surmount.  They'd likely fail in their efforts so many times that they'd give up before finding an Online Physician they could fool and find an easier "source" not involving the Internet to obtain medication to which they're not legally entitled.

2) In my experience and the experiences of many who I know personally or correspond with, the Online Physician is not simply "pushing prescription buttons hundreds of times a day" (as I have read in many obviously poorly researched media accounts).  Instead, these doctors who specialize in treating the myriad of conditions that can cause intractable pain take far more time assessing our conditions than our harried PCPs who fit many patients into a 15 minute time slot.

3) You cannot order medications at will in any quantity you desire from the responsible Online Consultation Services.  The amounts prescribed are conservative, but adequate to at least relieve much of the pain we'd otherwise treat with dangerous amounts of Tylenol based OTC medications.  Strict refill policies are adhered to, licensed pharmacies dispense all medications and very frequent updates of your medical records are demanded by the Physician who is providing maintenance medications of already diagnosed conditions.

4) Online Physicians do not diagnose your condition.  That diagnosis must have been previously established and updated by your own PCP.  The Physician at the Online Consulting Service merely continues the treatment based on your 'Brick and Mortar' Doctor's findings.

5) The only medications that are prescribed by an Online Consulting Service fall into the Schedule III, IV or V schedule as per the DEA's medical scheduling guidelines as set forth in the Controlled Substances Act.  To those unfamiliar with that terminology, that means you cannot order the OxyContin, Percocet or other drugs that fall into the higher Schedule II.  While a blind search of the Internet will turn up many sites officering these medications, virtually none will do anything except scam you out of your money. 

After reading this straightforward page from the DEA website, all your questions should be answered (assuming you are a lawyer with a medical degree!)

All Online Consulting Services are operate within the United States.  A careful study will reveal that the spam or websites you find during a search for the Schedule II medications are mostly foreign based, conveniently located outside of the US.  First that class of medication is not available in most other countries, second their remote location puts them outside of the reach of US Law Enforcement.  This means anyone who is desperate or foolhardy enough to pursue these medications have little to fear when they take your money and deliver either nothing or some medication that is far from what was promised.

Chronic Pain Patients support legislation that would recognize and regulate to some extent the practices of the Online Consultation Services.  Admittedly, there are websites that skirt all laws out there that do need reigning in to protect the consumer from charlatans attracted by the easy money.  With the largest aging population in the history of mankind, there are far more pain sufferers now than at any time in history, at least since modern medicine has developed the means to provide safe comfort for many of those in need.  However, an outright ban of Telemedicine for the general public would have devastating consequences for those who are able to contribute to society, pay taxes, enjoy full and meaningful time with their families.  Without such resources available to the general public, we'll have a larger and larger segment of the population bedridden, on disability or both.  That's why it's so important for the Chronic Pain Patient, those who have relatives who suffer intractable pain and those who don't know what misfortune may befall them tomorrow to make their views known concerning the portions of these proposed identical bills that would amount to an outright ban of the use of the Internet as an adjunct to the medical care that's only going to become more necessary as more of our older population ails in the years to come.

The Internet is still in its relative infancy.  Just to put this into perspective, recall that perhaps 5 years ago, only the most daring would give their credit card numbers to any merchant for an online purchase.  Well, that sure has changed.  As will the use of the Internet as an asset to medical care in the years to come.  We must make every effort to make our views known so an outright prohibition (which would ultimately be repealed in years to come) of medical treatment utilizing the Internet for some portions doesn't become law!

How bad can it get for the Chronic Pain patient?  Read the worst case scenario, the story of Richard Paey, a martyr for the cause of Chronic Pain patients.  There was no question he was a legitimate Chronic Pain patient, suffering the most intractable of pain from Multiple Sclerosis and failed spine surgery.  In order to lead some form of a life worth living, he required massive doses of pain relief. 

Were he selling it on the street, he'd be called a "dealer".  However, Mr. Paey needed medication simply to survive.  He surely wasn't selling any of the precious medication that allowed him to maneuver his wheelchair. He ended up in an untenable legal position where he now is serving 25 years in a Florida prison.  Read his story, you be the judge:

Help Free Richard Paey!

The News Program 60 Minutes told Mr. Paey's story in a documentary. It is available on DVD

Richard Paey - Prisoner of Pain
60 Minutes - Prisoner of Pain (February 26, 2006)

DVD

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