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 March 1, 2023, the Drug Enforcement Agency (DEA) officially published proposed rules for prescribing controlled substances via telemedicine after the COVID-19 Public Health Emergency expires. The DEA gave the public a 30...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
The American Hospital Association (AHA), on behalf of its nearly 5,000 member hospitals and health systems, sent a letter urging the Drug Enforcement Agency (DEA) to take immediate action to allow telemedicine prescribing of...more
A coalition of health care associations has issued a call for stakeholders to sign onto a letter urging the Drug Enforcement Agency (DEA) to take immediate action allowing telemedicine prescribing of controlled substances...more
Florida has taken another step towards expanding telemedicine. On April 6, 2022, Governor Ron DeSantis signed into law legislation to remove Florida’s prior restrictions on telemedicine prescribing of controlled substances....more
On November 16, 2021, the Drug Enforcement Agency (DEA) issued an advance notice of proposed rulemaking, exploring whether or not to create new federal regulations governing the practice of telepharmacy. These regulations...more
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
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
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
Michigan Governor Rick Snyder, recently signed into law SB 213, clarifying that health professionals in Michigan may prescribe controlled substances via telemedicine without an in-person examination. The law reverses a 2016...more
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
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
4/14/2016
/ Controlled Substances ,
Data Security ,
Electronic Medical Records ,
Electronic Prescribing ,
Health Care Providers ,
Informed Consent ,
Licensing Rules ,
New Legislation ,
Physicians ,
State Medical Board ,
Telehealth ,
Telemedicine
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
3/22/2016
/ Amended Regulation ,
Controlled Substances ,
Disclosure Requirements ,
Electronic Medical Records ,
Electronic Prescribing ,
Health Care Providers ,
Health Information Technologies ,
Informed Consent ,
Medical License ,
Physicians ,
Telehealth ,
Telemedicine
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
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