With the development of "Internet + medical and health" in recent years, it has led to the development of the medical and health industry, breaking through the regional restrictions of traditional medical treatment, and providing convenience for patients. In order to regulate online diagnosis and treatment, it is currently stipulated that online diagnosis and treatment cannot be applied to "first diagnosis" patients, and the violations of relevant regulations and breach of medical service contract require to bear civil liability and administrative responsibility. However,there are some problems in online consultation, such as the boundary between medical consultation and diagnosis and treatment services is ambiguous, lack of specific standards for first diagnosis review, and weak practical ability of current norms. In addition, the problem of illegal first diagnosis on the Internet also disorders drug administration. In this regard, this essay based on the issues above, puts forward some corresponding suggestions and measures. It is necessary to strictly distinguish between medical consultation and diagnosis or treatment activities, refine the current regulations for the first contact, and improve drug management systems related to Internet diagnosis and treatment, so as to improve the current legal system to strictly regulate online diagnosis and treatment activities.