DOCTOR SAYS NO LAW PROHIBITS PRESCRIBING OVER THE INTERNET

Case Involving Viagra Orders Will Test State Policies

A semi-retired Seattle surgeon who faces professional sanctions for
prescribing Viagra over the Internet says he did nothing wrong because
state law doesn't cover what he did.

Dr. Leandro Pasos is accused of working under contract with
Performance Drugs, Inc., which advertised mail-order Viagra over the
Internet. Customers filled out a "medical history," which would be
sent to a doctor to evaluate and write out the prescription.

He allegedly received $5,000 a month for his services. The state
Medical Quality Assurance Commission has charged him with
unprofessional conduct for prescribing Viagra to patients he never
examined.

But Pasos's lawyer says the state has no basis for the
charges.

"Dr. Pasos considers unfortunate the (state Health) Department's
decision to file charges before adopting clear guidelines for doctors
on the type of patient examination which is required under state law,"
lawyer Bob Beckerman said in a written statement. "The adoption and
publication of such legal guidelines would have provided notice to
doctors and the public and voided the initiation of these unfortunate
proceedings."

Pasos' case is the first time Washington has tried to regulate
medications

dispensed over the Internet. And it is an issue that will take at
least six months to clear up as the state - through the Pasos case -
struggles with a policy it won't codify.

"The commision can take action when a physician provides negligent
care," Health Department attorney Mike Farrell said. "The commission
can't issue guidelines each time there's negligent care. Every
physician should know not to prescribe medications without examining a
patient first.

"This is not a gray area here. When anyone can get a prescription drug
by filling out a form, it effectively makes it an over-the-counter
medication."

In its packagaing for the popular anti-impotence drug, Viagra maker
Pfizer, Inc. recommends a complete medical examination because of
potential side effects.

Beckerman refused to characterize his client's case as a test case for
the

state Health Department, but maintains Pasos didn't violate any
law.

"When Dr. Pasos learned of the state's interest in this in September
1998,

he stopped doing it immediately," Beckerman said.

Beckerman has about two weeks before he needs to file a response for
Pasos. Then the commission will issue a scheduling order, and a
hearing on the charges will be set for sometime in the next six to
eight months.

P-I reporter Judd Slivka can be reached at 206-448-8127 or
juddslivka@seattle-pi.com