Online Prozac sale leads to trial after suicide

Online Prozac sale leads to trial after suicide
Bob Egelko, Chronicle Staff Writer

Monday, December 29, 2008


(12-29) 17:50 PST SAN FRANCSICO -- In August 2005, John McKay, a 19-year-old Stanford student and former high school debate champion, committed suicide by rolling up the windows in a car at his mother's Menlo Park home and piping in exhaust fumes.

In the next few weeks, a Colorado doctor who had prescribed a generic form of Prozac for McKay after receiving his request over the Internet, without ever seeing or examining him, will go on trial in Redwood City on possibly precedent-setting charges of practicing medicine in California without a license.

A conviction of Dr. Christian Hageseth, 67, "would send a clear message to those individuals who are blindly writing prescriptions to patients they know nothing about," said the youth's father, David McKay, a former Stanford professor now living in Colorado. They would have to ask themselves, he said, "whether quick and easy money is worth the risk of a criminal conviction and permanent loss of their medical license."

Hageseth's lawyer, Carleton Briggs, sees the issue differently. The case may determine, he said, whether California can reach across state lines to prosecute practitioners of "telemedicine," an increasingly common source of health care.

"A lot of medication is prescribed over the Internet," Briggs said. "Can California regulate it in this fashion? ... No out-of-state telemedicine provider has ever been jailed for practicing medicine in California."

So far, though, courts have rejected Briggs' attempts to get the charge dismissed, including a civil suit claiming the prosecution is an unconstitutional attempt by California to regulate interstate commerce. A San Mateo County Superior Court judge threw the suit out Dec. 17, but Briggs said he'll raise the issue in an appeal if Hageseth is convicted.
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