The COVID-19 pandemic has created many new enforcement priorities for the U.S. Department of Justice (DOJ). From selling ineffective personal protective equipment (PPE) to companies fraudulently seeking loan forgiveness under...more
The U.S. Congress passed the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 (“Ryan Haight Act”) because of “the increasing use of prescription controlled substances by adolescents and others for non-medical...more
Under the Ryan Haight Act, healthcare providers must usually conduct an in-person examination before prescribing controlled substances, such as opioids, via the internet (including telehealth or telemedicine). However, as a...more
Last year, the Oklahoma legislature joined a growing number of states in taking direct aim at the opioid crisis by enacting legislation designed to combat the forgery of paper prescriptions. More than a year and a half after...more
In May of 2018, the Oklahoma Legislature enacted House Bill 2931 as part of an ongoing effort to combat the opioid crisis. HB 2931 is expected to help lessen the opioid crisis by combating forgery of paper prescriptions. ...more
Beginning on October 24, 2019, every licensed health care practitioner in Pennsylvania (excluding veterinarians) will be required to electronically prescribe controlled substances (regardless of the dosage) by sending the...more
State laws and rules addressing prescribing controlled substances via telemedicine typically fall into three categories: States expressly “allowing” telemedicine prescribing of controlled substances without a prior...more
The Texas Medical Board recently proposed changes to its telemedicine regulations (22 Tex. Admin. Code §§ 174.1 – 174.12) to follow the amendments to Section 111 of the Texas Occupations Code governing the practice of...more
On October 18, 2008, the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 (the “Haight Act”) came into law as the federal government’s first attempt to address the public health risks associated with online...more
Virginia has made strides to expand the telehealth offerings available to its residents and the Old Dominion took another step forward advancing telemedicine when it enacted a bill amending Virginia Code § 38.2-3418.16 to...more
Louisiana’s Board of Medical Examiners (the “Board”) enacted regulations in the fall amending the prior practice standards for telemedicine, the requirements for obtaining a telemedicine permit, and the rules on remote...more
The Florida Board of Medicine recently met and voted to uphold a rule allowing controlled substances to be prescribed via telemedicine for the treatment of psychiatric disorders. This change has enormous potential to benefit...more
A physician in New Hampshire can now establish a valid doctor-patient relationship without needing a prior in-person exam. This is among several recent changes in New Hampshire’s telemedicine laws that offer new opportunities...more
Health care providers who use telemedicine for remote prescribing of controlled substances should pay close attention to an important case currently pending at the Fifth Circuit Court of Appeals. The case will decide whether...more