Home | View Medical Programs & Prices |  Testosterone | Weight Loss | Request for Information
About National Medical Clinic | Contact Us | How To Use This Site | Affiliates | Frequently Asked Questions
Physician Enrollment | Process to Obtain Prescribed Treatment | Legal Compliance | Patient Agreement | Patient Waiver & Release
TOLL FREE PHONE 1-800-582-0095
HCG WEIGHT LOSS & DIET PROGRAMS
TESTOSTERONE REPLACEMENT
THERAPY FOR MEN
TESTOSTERONE GEL THERAPY FOR MEN
TESTOSTERONE FOR INJECTION
THERAPY FOR MEN
TESTOSTERONE + HCG THERAPY FOR MEN TO PREVENT TESTICULAR ATROPHY ARISING DUE TO TESTOSTERONE THERAPY
HCG TO INCREASE MALE FERTILITY
HCG TO INCREASE MALE NATURAL TESTOSTERONE PRODUCTION
GROWTH HORMONE RELEASING
HORMONE - SERMORELIN ACETATE
VIAGRA™, CLALIS™ & LEVITRA™
HAIR RESTORATION FOR MEN
WOMEN'S BIO-IDENTICAL
HORMONE REPLACEMENT THERAPY


Examination & Treatment Procedure

National Medical ™ physicians are located throughout the United States. Our local physician, licensed in the state where the patient resides, conducts a prior physical examination, performs a clinical assessment, and obtains a medical indication before the issuance of any prescription for medication to any National Medical ™ patient. This process applies to all National Medical ™ treatment programs described on this site.


 

WARNING TO ONLINE BUYERS!

Please be alerted to avoid illegal medical and pharmacy websites employing physicians who illegally prescribe controlled substances and other prescription drugs online without providing the required prior physical examination of the patient by a physician in violation of state and federal laws.

What is required under Federal law and the laws of the States for the issuance of a valid prescription for a controlled substance, such as testosterone, obtained by consumers through the internet?

Prescriptions issued by physicians employed by “clinic” websites where the clinic does not obtain a current physical examination of the patient prior to issuance of a prescription for a controlled substance or prescribed medication are invalid and illegal under both State and Federal law.

Such prescriptions are invalid and illegally issued even if the prescribed medication is dispensed by a licensed U.S. pharmacy.

Consequentially, a patient can unknowingly be in possession of a controlled substance as the result of the issuance of an invalid and illegal prescription even though the medication was dispensed to the patient by a U.S. pharmacy pursuant to a written physician’s prescription.

A prescription issued to a patient is not valid and not in legal compliance with applicable State and Federal laws absent a current physical examination of the patient by a medical doctor prior to prescribing treatment for the patient.

Under Federal law, the physical examination must be conducted by a medical doctor and not a lab technician, medical assistant, nurse or other medical personnel to be a legal and valid prescription for a controlled substance, such as testosterone.

Many “clinic” or “anti-aging” websites offer "testosterone therapy" and other medical treatments in reliance upon invalid and illegal prescriptions. Such websites offer medical programs and prescribed treatment without legally required prior physical exams conducted by a medical doctor provided by the clinic. Some also fail to provide any follow-up care while the patient undergoes treatment.

Current DEA guidelines to issue a valid and legal prescription for testosterone therapy or other controlled substances online are described at http://www.deadiversion.usdoj.gov/fed_regs/notices/2001/fr0427.htm.
The above referenced website states in relevant part the following about the requirement for a physical exam and other elements of good medical practice:
“Federal law requires that "A prescription for a controlled substance to be effective must be issued for a legitimate medical purpose by an individual practitioner acting in the usual course of his professional practice" (21 CFR 1306.04(a)). Every state separately imposes the same requirement under its laws. Under Federal and State law, for a doctor to be acting in the usual course of professional practice, there must be a bona fide doctor/patient relationship. For purposes of State law, many state authorities, with the endorsement of medical societies, consider the existence of the following four elements as an indication that a legitimate doctor/patient relationship has been established:
  • A patient has a medical complaint;
  • A medical history has been taken;
  • A physical examination has been performed; and
  • Some logical connection exists between the medical complaint, the medical history, the physical examination, and the drug prescribed.
Completing a questionnaire that is then reviewed by a doctor hired by the Internet pharmacy could not be considered the basis for a doctor/patient relationship.”
A valid prescription for a controlled substance, such as testosterone, requires that the prescribing physician, or a physician employed by the prescribing physician or the physician's clinic, conduct a physical examination of the patient prior to issuing a prescription for a controlled substance. This is both federal law and a requirement of state medical boards in the various states within the U.S. which regulate physicians and the issuance of prescriptions.

Moreover, if the clinic providing your treatment fails to provide blood testing after you commence testosterone therapy and consequentially fails to adjust your dose based on such blood test reports reflecting your response to current dosage, then the "clinic" has no knowledge of your proper dosage or how you are responding to your present dosage. Nor is the clinic aware of whether you need to reduce your dosage to avoid loss of natural testosterone production, a decline in sperm count and testicular atrophy.

Another method of determining whether a medical "clinic" is operating in compliance with applicable law is to examine the type of prescription drugs they are prescribing. For example, it is illegal and a felony under federal law for a clinic, pharmacy or distributor to possess or knowingly distribute human growth hormone to an adult patient deficient in human growth hormone for any purpose not expressly authorized by the Secretary of Health and Human Services.

Possession or distribution of Human Growth Hormone prescribed for the unapproved use of anti-aging, rejuvenation or performance enhancement is illegal and a felony committed by physicians, clinics, sales persons, and pharmacies knowingly participating in the distribution of the physician-prescribed drug for such uses

The only use of human growth hormone approved for adult under federal law is for the treatment of a disease or other recognized medical condition, where such use has been authorized by the Secretary of Health and Human Services.

The applicable law concerning the knowing possession or distribution of human growth hormone for any unapproved purpose is set forth in the following federal statute:
US Code Annotated
Title 21 Food and Drugs
Chapter 3
Subchapter III
Section 333. (e) (1)
This statute provides in relevant part the following:
“...whoever knowingly distributes, or possesses with the intent to distribute, human growth hormone for any use in humans other than the treatment of a disease or other recognized medical condition, where such use has been authorized by the Secretary of Health and Human Services under section 355 of this title pursuant to the order of a physician, is guilty of an offense punishable by not more than 5 years in prison, such fines as are authorized by Title 18, or both..
Federal law assumes that each individual is aware of applicable federal laws whether or not they have actual knowledge. This statute denies discretion to physicians to issue prescriptions for unapproved or “off-label” purposes unlike many other medications. This drug may not be prescribed because a patient is deficient in human growth hormone or IGF-1. The prescribing physician must know the cause of the deficiency and that cause must be a federally approved cause of the deficiency for the distribution of human growth hormone pursuant to a prescription to be legally permissible. The above federal stature imposes criminal liability upon the physician, clinic, pharmacy, etc. that knowingly distributes the prescribed drug for any unauthorized purpose even though such individuals or organizations did not intend to violate any law and were unaware to the laws existence.

Therefore, the distribution of human growth hormone for any use not authorized by the Secretary of Health and Human Services is illegal even where there is no intent on the part of the prescribing physician or distributors to violate the law and where they are unaware of the law’s existence. The use of human growth hormone for performance enhancement, medical rejuvenation, anti-aging or any other unauthorized medical use is illegal even if prescribed by a physician for a patient deficient in human growth hormone. The knowing distribution of human growth hormone by physicians, clinics and pharmacies for unapproved uses, such as, performance enhancement medical rejuvenation, anti-aging or body building is illegal and a felony under federal law.

Consequentially, if an online clinic advertises that it prescribes human growth hormone for an unauthorized medical use, including the use of hormone replacement therapy of adults deficient in human growth hormone who do not have a disease or authorized medical condition, or prescribed the use of HGH for performance enhancement, anti-aging or medical rejuvenation, then that clinic is engaged in the illegal distribution of human growth hormone as a matter of law. If a clinic is engaged in the illegal distribution of human growth hormone, it may be involved in the issuance of other illegal prescriptions. Hence, it may not be a medical clinic you want to rely upon in seeking medical treatment and it is probably a good site to avoid.


Copyright 2007 by National Medical Clinic, Inc. All rights reserved.