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Legal
information
Things you
need to know before purchasing your medications from Canadian pharmacies
There are some
risks that arise when you purchase medications via the Internet or mail
order, and some additional risks that arise if you are purchasing from a
pharmacy outside of the United States. Be an informed consumer. You need
to consider these risks and decide whether ordering your medications in
this manner is right for you and your family.
1. Is it legal?
The U.S. Food and
Drug Administration (FDA) maintains that:
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Reimporting into
the U.S. prescription drugs originally manufactured in the U.S. is a
violation of the Food Drug and Cosmetic Act; and
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Importing
medications made in other countries violates the Food, Drug and
Cosmetic Act if the medicine is not approved by the FDA or if it does
not meet all FDA approval requirements.
However, to our
knowledge, the U.S. government has not stopped individual U.S. residents
from buying small amounts of prescription drugs for their own personal
use, or that of a family member, and the FDA has made statements to the
media that they do not plan to interfere with such small individual
purchases. If you wish, you can read the
FDA's policy on "personal use." It basically says that FDA staff can
choose not to stop shipments that might violate federal law, under these
circumstances:
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1)
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the
appropriate use is identified,
is not for the
purpose of a serious condition, and
the product is
not considered dangerous;
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-- OR --
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2)
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the medication
is for a serious condition and is not available in the U.S.;
the medication
is not promoted to U.S. residents;
the FDA does
not consider the medication to pose an unreasonable risk; and
the person
buying the medication verifies that the medication is for personal
use, and provides the name and address of his/her U.S. doctor or
can show that the medication is necessary to continue treatment.
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It is important
to know that the FDA considers this policy to be discretionary and they
could choose to change it at any time.
2. Is it safe?
It may not be
safe to purchase medications from online pharmacies if you are not sure
where the pharmacy is located, whether it is licensed, whether
licensed pharmacists are filling your prescription, and whether the
medications you order are coming from a pharmacy at all. One of the
purposes of this Website is to provide this information to
Minnesotans. Total Care Pharmacy is an actual
pharmacy located and licensed in
Manitoba. Licensed pharmacists oversee the
process of dispensing prescription medications.
The State of
Minnesota has no regulatory power over Total Care Pharmacy. They are not licensed to practice pharmacy by the State of
Minnesota.
However, state
officials visited the pharmacy in Canada and this is what they
found:
Total Care
Pharmacy.
TCP is a privately held business that provides medications to U.S.
citizens through its licensed pharmacy, TCP. TCP is licensed by the
Manitoba
Pharmaceutical Association, which regulates the practice of pharmacy
in Manitoba, Canada, and is located in
Manitoba. Licensed Canadian
pharmacists oversee the dispensing of medications at this pharmacy.
It is illegal
under Canadian law for a pharmacy to sell any medication that is not
approved for sale in Canada by the
Government of
Canada's
Therapeutic Products
Directorate.
The state will be
monitoring the pharmacy and reserves the right to remove this
pharmacy from the Website.
The State of
Minnesota cannot guarantee the transaction or your safety. There are no
guarantees when you buy your medications from your local pharmacy
either. However, there are some additional risks that arise when
you purchase medications via the Internet or mail order. Please see
Safety starts with you for more information about purchasing medications safely.
3. What about
private medical information?
The Government of
Canada regulates what these pharmacies can and cannot do with your
private medical information. If you have any questions, please ask the
pharmacy about its policies and practices in handling your medical
information. The laws of the U.S. and State of Minnesota may not apply.
4. What if my
order is lost or filled incorrectly?
Please ask the
pharmacy about its policy about lost or incorrect orders, returns and
refunds. The State of Minnesota will not intercede in any transaction
between you and the pharmacy.
5. Disclaimer of
Liability
The State of
Minnesota makes no warranty, express or implied, of merchantability and
fitness for a particular purpose, and accepts no legal liability, with
respect to any product offered, or pharmaceutical care provided, by the
pharmacies listed on this Website.
Your
Claims Administrator may perform certain administrative tasks related to
verification of member eligibility. However, DOER is solely responsible
for the design and implementation of the drug purchasing program. Your
Claims Administrator specifically disclaims any liability for injury
under this program.
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