On May 10, 2023, the Drug Enforcement Agency (DEA) released a new regulation – “Temporary Extension of COVID-19 Telemedicine Flexibilities for Prescription of Controlled Medications” – temporarily extending the “full set” of...more
On February 24, 2023, the Drug Enforcement Agency announced proposed rules for prescribing controlled substances via telemedicine after the COVID-19 Public Health Emergency expires. The proposed rules are open for public...more
2/27/2023
/ Controlled Substances ,
DEA ,
Department of Health and Human Services (HHS) ,
Opioid ,
Prescription Drugs ,
Proposed Rules ,
Public Health Emergency ,
Recordkeeping Requirements ,
Ryan Haight Act ,
SAMHSA ,
Telemedicine
Telemedicine companies seeking to advertise on Facebook’s social media platforms will first need special approval and certification before running advertisements. In a recently-announced policy, Facebook introduced additional...more
The Public Health Emergency introduced a myriad of changes to federal and state telemedicine and digital health laws and rules. There were expansions to telehealth coverage and reimbursement, suspension of enforcement on...more
Last week, the federal HHS Office of Inspector General (OIG) gave the greenlight to allow a virtual care company and pharmaceutical manufacturer to loan patients free smartphones, so the patients (which include Medicare...more
2/14/2019
/ Advisory Opinions ,
Beneficiary Inducement ,
Civil Monetary Penalty ,
Digital Health ,
Health Care Providers ,
Low-Income Issues ,
Manufacturers ,
Medical Devices ,
Mobile Apps ,
OIG ,
Patient Assistance Programs ,
Pharmaceutical Industry ,
Physicians ,
Prescription Drugs ,
Smartphones ,
Technology Sector ,
Telemedicine
On January 9, 2019, the American Telemedicine Association (ATA) issued a policy comment letter to the U.S. Drug Enforcement Administration (DEA), advocating for provider-friendly changes to federal controlled substance...more
President Trump just signed into law the “Special Registration for Telemedicine Act of 2018” (the Act), requiring the Drug Enforcement Administration (DEA) to activate a special registration allowing physicians and nurse...more
10/25/2018
/ Controlled Substances ,
Controlled Substances Act ,
Electronic Prescribing ,
Health Care Providers ,
Opioid ,
Pharmaceutical Industry ,
Prescription Drugs ,
Proposed Regulation ,
Ryan Haight Act ,
Telemedicine ,
Trump Administration
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
Connecticut has taken another step towards expanding the meaningful use of telemedicine in connection with treatment of mental health and substance use disorders. SB 302, signed by Governor Dannel Malloy and effective July 1,...more
6/27/2018
/ Controlled Substances Act ,
Drug & Alcohol Abuse ,
Electronic Prescribing ,
Food and Drug Administration (FDA) ,
Governor Malloy ,
Health Care Providers ,
Mental Health ,
New Legislation ,
Opioid ,
Pain Management ,
Pharmaceutical Industry ,
Physicians ,
Prescription Drugs ,
Public Safety ,
Ryan Haight Act ,
Telemedicine
Congress has taken another step forward to require the federal Drug Enforcement Administration (DEA) to activate a special registration allowing physicians and nurse practitioners to prescribe controlled substances via...more
4/30/2018
/ Controlled Substances ,
DEA ,
Electronic Prescribing ,
Health Care Providers ,
In-Person Exam ,
New Legislation ,
Prescription Drugs ,
Proposed Regulation ,
Registration ,
Ryan Haight Act ,
Telehealth ,
Telemedicine
The Delaware Board of Medicine has issued proposed regulations clarifying certain statutory provisions pertaining to telemedicine and telehealth. As we previously reported, Delaware’s Medical Practice Act imposes certain...more
It seems the efforts of telemedicine advocates to change federal law and allow greater prescribing of controlled substances are no longer falling on deaf ears. Congress just released a pair of draft discussion bills to amend...more
On January 22, 2018, the Georgia House of Representatives adopted a Resolution recognizing telehealth as an important tool to improving access to health care in Georgia. One week later, the Georgia Senate recognized January...more
The Maryland Board of Physicians evaluated, then tabled for further consideration, a set of new telehealth rules designed to expand the opportunities for hospitals and providers to deliver virtual care services in Baltimore...more
1/25/2018
/ Cybersecurity ,
Health Care Providers ,
Health Information Technologies ,
Home Health Care ,
Medical Records ,
Prescription Drugs ,
Privacy Policy ,
Proposed Legislation ,
Standard of Care ,
Telehealth ,
Telemedicine
Indiana has taken another step towards expanding the meaningful use of telemedicine in connection with clinical services and prescribing. HB 1337, signed by Governor Eric Holcomb and effective July 1, 2017, will allow...more
Editor’s Note: This article is the second in a series addressing telemedicine prescribing and controlled substances, designed to give some much needed practical guidance and orientation to established healthcare providers,...more
4/18/2017
/ Controlled Substances ,
DEA ,
Department of Health and Human Services (HHS) ,
Department of Veterans Affairs ,
Exemptions ,
Health Care Providers ,
Hospitals ,
Medical Emergencies ,
Native American Issues ,
Physicians ,
Prescribing Authority ,
Prescription Drugs ,
Ryan Haight Act ,
Telemedicine ,
Veterans
Editor’s Note: This article is the first of a series addressing telemedicine prescribing and controlled substances, designed to give some much needed practical guidance and orientation to established health care providers,...more
The Ohio Medical Board just last week adopted new rules for telemedicine prescribing of drugs and controlled substances, allowing providers to prescribe drugs via telemedicine without conducting an in-person examination....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
10/27/2015
/ Controlled Substances ,
Electronic Medical Records ,
Electronic Prescribing ,
Exemptions ,
Health Care Providers ,
Healthcare ,
Healthcare Reform ,
Hospitals ,
In-Person Exam ,
Licensing Rules ,
Mental Health ,
New Legislation ,
Physicians ,
Prescription Drugs ,
Standard of Care ,
Telehealth ,
Telemedicine
Telehealth continues to be an innovative alternative to traditional brick-and-mortar medicine. The number of providers offering telehealth services is rapidly increasing and states are enacting laws requiring health plans to...more
9/8/2015
/ Alternative Payment Models (APM) ,
App Developers ,
China ,
Controlled Substances ,
DEA ,
Fourth Amendment ,
Fraud Alerts ,
Health Care Providers ,
Health Insurance ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Independent Contractors ,
Initial Public Offering (IPO) ,
Medical License ,
Medicare ,
Medicare Access and CHIP Reauthorization (MACRA) ,
OIG ,
Physician Compensation Arrangements ,
Physicians ,
Prescription Drugs ,
Private Equity ,
Telehealth ,
Telemedicine ,
Venture Capital
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
8/12/2015
/ Controlled Substances ,
Controlled Substances Act ,
DEA ,
Doctor-Patient Privilege ,
Electronic Prescribing ,
Fourth Amendment ,
Health Care Providers ,
In-Person Exam ,
Medical Records ,
Patient Privacy Rights ,
Physicians ,
Prescription Drugs ,
Probable Cause ,
Search Warrant ,
Subpoenas ,
Telemedicine ,
Warrantless Searches
The Colorado Medical Board proposed updated draft guidelines for the delivery of healthcare services via telehealth, as well as remote prescribing for new patients. Recognizing that “using telehealth technologies in the...more
7/20/2015
/ Disclosure Requirements ,
Electronic Medical Records ,
Health Care Providers ,
Health Information Technologies ,
Healthcare ,
Informed Consent ,
Medical Records ,
Physicians ,
Prescription Drugs ,
Proposed Regulation ,
Telehealth ,
Telemedicine
Note: This is a companion piece to our parallel article discussing the various Delaware commercial insurance coverage requirements in the Act.
Delaware Gov. Jack Merkell signed into law, on July 7, 2015, a bill...more
7/10/2015
/ Health Care Providers ,
Health Insurance ,
Healthcare ,
Healthcare Reform ,
Hospitals ,
New Legislation ,
Nurses ,
Physicians ,
Prescription Drugs ,
Recordkeeping Requirements ,
Telehealth ,
Telemedicine
The Texas Medical Board issued an Emergency Rule with proposed changes to the practice standards and disciplinary guidelines for remote prescribing via telemedicine consults. The Emergency Rule states that the use of online...more
The Florida Board of Medicine enacted new regulations governing the Standards for Telemedicine Practice. The regulations are identical for allopaths (64B8-9.0141) and osteopaths (64B15-14.0081). The new regulations went into...more