---
kind: "section"
citation: "21 U.S.C. § 831"
title: "21"
title_heading: "Food and Drugs"
number: "831"
heading: "Additional requirements relating to online pharmacies and telemedicine"
release: "119-102"
url: "https://uscodex.org/usc/21/831"
units:
  - "Chapter 13 — Drug Abuse Prevention and Control"
  - "Subchapter I — Control and Enforcement"
  - "Part C — Registration of Manufacturers, Distributors, and Dispensers of Controlled Substances"
---

# §831. Additional requirements relating to online pharmacies and telemedicine

- (a) **In general—** An [online pharmacy](/usc/21/802.md?p=52) shall display in a visible and clear manner on its [homepage](/usc/21/802.md?p=53) a statement that it complies with the requirements of this section with respect to the [delivery](/usc/21/802.md?p=8) or sale or offer for sale of [controlled substances](/usc/21/802.md?p=6) and shall at all times display on the [homepage](/usc/21/802.md?p=53) of its [Internet](/usc/21/802.md?p=50) site a declaration of compliance in accordance with this section.
- (b) **Licensure—** Each [online pharmacy](/usc/21/802.md?p=52) shall comply with the requirements of [State](/usc/21/802.md?p=26) law concerning the licensure of pharmacies in each [State](/usc/21/802.md?p=26) from which it, and in each [State](/usc/21/802.md?p=26) to which it, [delivers](/usc/21/802.md?p=8), [distributes](/usc/21/802.md?p=11), or [dispenses](/usc/21/802.md?p=10) or offers to [deliver](/usc/21/802.md?p=8), [distribute](/usc/21/802.md?p=11), or [dispense](/usc/21/802.md?p=10) [controlled substances](/usc/21/802.md?p=6) by means of the [Internet](/usc/21/802.md?p=50), pursuant to applicable licensure requirements, as determined by each such [State](/usc/21/802.md?p=26).
- (c) **Internet pharmacy site disclosure information—** Each [online pharmacy](/usc/21/802.md?p=52) shall post in a visible and clear manner on the [homepage](/usc/21/802.md?p=53) of each [Internet](/usc/21/802.md?p=50) site it operates, or on a page directly linked thereto in which the hyperlink is also visible and clear on the [homepage](/usc/21/802.md?p=53), the following information for each pharmacy that [delivers](/usc/21/802.md?p=8), [distributes](/usc/21/802.md?p=11), or [dispenses](/usc/21/802.md?p=10) [controlled substances](/usc/21/802.md?p=6) pursuant to orders made on, through, or on behalf of, that website:
  - (1) The name and address of the pharmacy as it appears on the pharmacy’s [Drug Enforcement Administration](/usc/21/802.md?p=4) certificate of registration.
  - (2) The pharmacy’s telephone number and email address.
  - (3) The name, professional degree, and [States](/usc/21/802.md?p=26) of licensure of the pharmacist-in-charge, and a telephone number at which the pharmacist-in-charge can be contacted.
  - (4) A list of the [States](/usc/21/802.md?p=26) in which the pharmacy is [licensed](/usc/21/360eee–1.md?p=a-6) to [dispense](/usc/21/802.md?p=10) [controlled substances](/usc/21/802.md?p=6).
  - (5) A certification that the pharmacy is registered under this part to [deliver, distribute, or dispense by means of the Internet](/usc/21/802.md?p=51) [controlled substances](/usc/21/802.md?p=6).
  - (6) The name, address, telephone number, professional degree, and [States](/usc/21/802.md?p=26) of licensure of any [practitioner](/usc/21/802.md?p=21) who has a contractual relationship to provide medical evaluations or issue prescriptions for [controlled substances](/usc/21/802.md?p=6), through referrals from the website or at the request of the owner or operator of the website, or any employee or [agent](/usc/21/802.md?p=3) thereof.
  - (7) The following statement, unless revised by the Attorney General by regulation: “This [online pharmacy](/usc/21/802.md?p=52) will only [dispense](/usc/21/802.md?p=10) a [controlled substance](/usc/21/802.md?p=6) to a [person](/usc/21/379j–21.md?p=k-10) who has a valid prescription issued for a legitimate medical purpose based upon a medical relationship with a prescribing [practitioner](/usc/21/802.md?p=21). This includes at least one prior in-[person](/usc/21/379j–21.md?p=k-10) medical evaluation or medical evaluation via telemedicine in accordance with applicable requirements of section 309.”.
- (d) **Notification—**
  - (1) **In general—** Thirty days prior to offering a [controlled substance](/usc/21/802.md?p=6) for sale, [delivery](/usc/21/802.md?p=8), [distribution](/usc/21/360eee.md?p=5), or dispensing, the [online pharmacy](/usc/21/802.md?p=52) shall notify the Attorney General, in such form and manner as the Attorney General shall determine, and the [State](/usc/21/802.md?p=26) boards of pharmacy in any [States](/usc/21/802.md?p=26) in which the [online pharmacy](/usc/21/802.md?p=52) offers to sell, [deliver](/usc/21/802.md?p=8), [distribute](/usc/21/802.md?p=11), or [dispense](/usc/21/802.md?p=10) [controlled substances](/usc/21/802.md?p=6).
  - (2) **Contents—** The notification required under [paragraph (1)](#d-1) shall include—
    - (A) the information required to be posted on the [online pharmacy](/usc/21/802.md?p=52)’s [Internet](/usc/21/802.md?p=50) site under [subsection (c)](#c) and shall notify the Attorney General and the applicable [State](/usc/21/802.md?p=26) boards of pharmacy, under penalty of perjury, that the information disclosed on its [Internet](/usc/21/802.md?p=50) site under [subsection (c)](#c) is true and accurate;
    - (B) the [online pharmacy](/usc/21/802.md?p=52)’s [Internet](/usc/21/802.md?p=50) site address and a certification that the [online pharmacy](/usc/21/802.md?p=52) shall notify the Attorney General of any change in the address at least 30 days in advance; and
    - (C) the [Drug Enforcement Administration](/usc/21/802.md?p=4) registration numbers of any pharmacies and [practitioners](/usc/21/802.md?p=21) referred to in [subsection (c)](#c), as applicable.
  - (3) **Existing online pharmacies—** An [online pharmacy](/usc/21/802.md?p=52) that is already operational as of the effective date of this section, shall notify the Attorney General and applicable [State](/usc/21/802.md?p=26) boards of pharmacy in accordance with this subsection not later than 30 days after such date.
- (e) **Declaration of compliance—** On and after the date on which it makes the notification under [subsection (d)](#d), each [online pharmacy](/usc/21/802.md?p=52) shall display on the [homepage](/usc/21/802.md?p=53) of its [Internet](/usc/21/802.md?p=50) site, in such form as the Attorney General shall by regulation require, a declaration that it has made such notification to the Attorney General.
- (f) **Reports—** Any statement, declaration, notification, or disclosure required under this section shall be considered a report required to be kept under this part.
- (g) **Notice and designations concerning Indian tribes—**
  - (1) **In general—** For purposes of sections [802(52)](/usc/21/802.md?p=52) and [882(c)(6)(B)](/usc/21/882.md?p=c-6-B) of this title, the [Secretary](/usc/21/802.md?p=24) shall notify the Attorney General, at such times and in such manner as the [Secretary](/usc/21/802.md?p=24) and the Attorney General determine appropriate, of the Indian tribes or tribal organizations with which the [Secretary](/usc/21/802.md?p=24) has contracted or compacted under the Indian Self-Determination and Education Assistance Act [[25 U.S.C. 5301](/usc/25/5301.md) et seq.] for the tribes or tribal organizations to provide pharmacy services.
  - (2) **Designations—**
    - (A) **In general—** The [Secretary](/usc/21/802.md?p=24) may designate a [practitioner](/usc/21/802.md?p=21) described in [subparagraph (B)](#g-2-B) as an [Internet](/usc/21/802.md?p=50) Eligible [Controlled Substances](/usc/21/802.md?p=6) Provider. Such designations shall be made only in cases where the [Secretary](/usc/21/802.md?p=24) has found that there is a legitimate need for the [practitioner](/usc/21/802.md?p=21) to be so designated because the population served by the [practitioner](/usc/21/802.md?p=21) is in a sufficiently remote location that access to medical services is limited.
    - (B) **Practitioners—** A [practitioner](/usc/21/802.md?p=21) described in this subparagraph is a [practitioner](/usc/21/802.md?p=21) who is an employee or contractor of the Indian Health Service, or is working for an Indian tribe or tribal organization under its contract or compact under the Indian Self-Determination and Education Assistance Act [[25 U.S.C. 5301](/usc/25/5301.md) et seq.] with the Indian Health Service.
- (h) **Special registration for telemedicine—**
  - (1) **In general—** The Attorney General may issue to a [practitioner](/usc/21/802.md?p=21) a special registration to engage in the [practice of telemedicine](/usc/21/802.md?p=54) for purposes of [section 802(54)(E) of this title](/usc/21/802.md?p=54-E) if the [practitioner](/usc/21/802.md?p=21), upon application for such special registration—
    - (A) demonstrates a legitimate need for the special registration; and
    - (B) is registered under [section 823(g) of this title](/usc/21/823.md?p=g) in the [State](/usc/21/802.md?p=26) in which the patient will be located when receiving the telemedicine treatment, unless the [practitioner](/usc/21/802.md?p=21)—
      - (i) is exempted from such registration in all [States](/usc/21/802.md?p=26) under [section 822(d) of this title](/usc/21/822.md?p=d); or
      - (ii) is an employee or contractor of the Department of Veterans Affairs who is acting in the scope of such employment or contract and is registered under [section 823(g) of this title](/usc/21/823.md?p=g) in any [State](/usc/21/802.md?p=26) or is utilizing the registration of a hospital or clinic operated by the Department of Veterans Affairs registered under [section 823(g) of this title](/usc/21/823.md?p=g).
  - (2) **Regulations—** Not later than 1 year after October 24, 2018, in consultation with the [Secretary](/usc/21/802.md?p=24), the Attorney General shall promulgate final regulations specifying—
    - (A) the limited circumstances in which a special registration under this subsection may be issued; and
    - (B) the procedure for obtaining a special registration under this subsection.
  - (3) **Denials—** Proceedings to deny an application for registration under this subsection shall be conducted in accordance with [section 824(c) of this title](/usc/21/824.md?p=c).
- (i) **Reporting of telemedicine by VHA during medical emergency situations—**
  - (1) **In general—** Any [practitioner](/usc/21/802.md?p=21) issuing a prescription for a [controlled substance](/usc/21/802.md?p=6) under the authorization to conduct telemedicine during a medical emergency situation described in [section 802(54)(F) of this title](/usc/21/802.md?p=54-F) shall report to the [Secretary](/usc/21/802.md?p=24) of Veterans Affairs the authorization of that emergency prescription, in accordance with such requirements as the [Secretary](/usc/21/802.md?p=24) of Veterans Affairs shall, by regulation, establish.
  - (2) **To Attorney General—** Not later than 30 days after the date that a prescription described in subparagraph (A) is issued, the [Secretary](/usc/21/802.md?p=24) of Veterans Affairs shall report to the Attorney General the authorization of that emergency prescription.
- (j) **Clarification concerning prescription transfers—** Any transfer between pharmacies of information relating to a prescription for a [controlled substance](/usc/21/802.md?p=6) shall meet the applicable requirements under regulations promulgated by the Attorney General under this chapter.

## Source credit

(Pub. L. 91–513, title II, § 311, as added Pub. L. 110–425, § 3(d)(1), Oct. 15, 2008, 122 Stat. 4825; amended Pub. L. 115–271, title III, § 3232, Oct. 24, 2018, 132 Stat. 3950; Pub. L. 117–215, title I, § 103(b)(1)(F), Dec. 2, 2022, 136 Stat. 2263.)

## Notes

### Editorial Notes

### References in Text

Section 309, referred to in subsec. (c)(7), is section 309 of Pub. L. 91–513, which is classified to section 829 of this title.

For effective date of this section, referred to in subsec. (d)(3), see Effective Date note below.

The Indian Self-Determination and Education Assistance Act, referred to in subsec. (g)(1), (2)(B), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which is classified principally to chapter 46 (§ 5301 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of Title 25 and Tables.

This chapter, referred to in subsec. (j), was in the original “this Act”, meaning Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1236. For complete classification of this Act to the Code, see Short Title note set out under section 801 of this title and Tables.

### Amendments

2022—Subsec. (h)(1)(B). Pub. L. 117–215 substituted “823(g)” for “823(f)” wherever appearing.

2018—Subsec. (h)(2). Pub. L. 115–271 amended par. (2) generally. Prior to amendment, text read as follows: “The Attorney General shall, with the concurrence of the Secretary, promulgate regulations specifying the limited circumstances in which a special registration under this subsection may be issued and the procedures for obtaining such a special registration.”

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective 180 days after Oct. 15, 2008, except as otherwise provided, see section 3(j) of Pub. L. 110–425, set out as an Effective Date of 2008 Amendment note under section 802 of this title.